Report Title:

Agricultural Lands

 

Description:

Creates a State of Hawaii land evaluation and site assessment (LESA) commission composed of thirteen members to update and reevaluate the 1986 LESA report and other related issues.

HOUSE OF REPRESENTATIVES

H.B. NO.

1456

TWENTY-FIRST LEGISLATURE, 2001

  

STATE OF HAWAII

  

 

A BILL FOR AN ACT

 

RELATING TO AGRICULTURAL LANDS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that article XI, section 3, of the Hawaii State Constitution provides for standards, criteria, and procedures that are designed to conserve and protect agricultural lands and assure the long-term availability of agriculturally suitable lands. These lands are critical to the long-term viability of agriculture as a major export industry and as a means to increase Hawaii's self-sufficiency and diversification in agriculture.

The legislature further finds that in 1986, the State of Hawaii land evaluation and site assessment (LESA) commission submitted its final report to the legislature in accordance with Act 273, Session Laws of Hawaii 1983. The report presented the commission's findings, conclusions, and recommendations concerning:

(1) The development of the initial inventory of the State's "important agricultural lands" (IAL);

(2) A classification system to identify these lands; and

(3) A process to review requests for a change in designation of specific parcels from IAL to urban or other uses.

The report also provided an implementation framework and recommended amendments to existing state law to execute the proposed LESA system.

Since 1986, many bills have been introduced that attempted to implement the LESA system. For various reasons, none of these bills has succeeded in meeting all the needs and objectives of the interested parties that are affected by these land use bills.

Additionally, since the completion of the LESA commission report in 1986, the profile of Hawaii's agricultural lands has changed dramatically. Such events include:

(1) The dramatic industry shift from a plantation-type system with an emphasis on sugarcane production to the current focus on small scale and diversified agriculture; and

(2) Hawaii's economic decline through the 1990s.

In the face of changing times and circumstances, the legislature finds that there is a real need to reassess the system and criteria recommended by the 1986 commission. The legislature further finds that updating the 1986 LESA report will provide a mechanism to fulfill the intent and purpose of article XI, section 3, of the Hawaii State Constitution, which seeks to conserve and protect agricultural lands.

The purpose of this Act is to create a new commission to update the 1986 LESA report by:

(1) Studying and recommending the best way to identify important agricultural lands;

(2) Addressing the intent of article XI, section 3, of the Hawaii State Constitution, to conserve, protect, and promote agricultural land cultivation, within the context of Hawaii's changing circumstances; and

(3) Examining related land use issues.

SECTION 2. State of Hawaii land evaluation and site assessment commission. (a) Establishment and membership. There is established, within the office of the legislative reference bureau for administrative purposes, the State of Hawaii land evaluation and site assessment commission composed of thirteen voting members as follows:

(1) The chairperson of the board of agriculture or designated representative;

(2) The chairperson of the board of land and natural resources or designated representative;

(3) The director of the office of planning, department of business, economic development, and tourism or designated representative;

(4) The dean of the University of Hawaii college of tropical agriculture and human resources or designated representative;

(5) The planning directors of each of the four counties or their designated representatives;

(6) Three representatives to be appointed by the governor, one member to be selected from each of the following:

(A) Land use research foundation;

(B) Office of Hawaiian affairs; and

(C) The Hawaii Farm Bureau Federation;

(7) One member who shall represent agricultural workers. The president of the senate and the speaker of the house of representatives shall each nominate two individuals, and the governor shall appoint one individual from this nomination list; and

(8) One member who shall represent a conservation organization. The president of the senate and the speaker of the house of representatives shall each nominate two individuals, and the governor shall appoint one individual from this nomination list.

The chairperson of the board of agriculture shall be the chairperson of the commission. Any vacancy on the commission shall be filled in the same manner in which the original position was filled. The members shall receive no compensation for their services, but shall be reimbursed for travel expenses incurred in the performance of their duties.

(b) Purpose and operation. The commission shall:

(1) Reevaluate, reassess, and update the 1986 LESA report;

(2) Examine the concept of a two-tier land evaluation system by which:

(A) Land that is currently being cultivated would be held to a lower criteria standard; and

(B) Land not currently cultivated would be held to a higher criteria standard;

(3) Recommend incentives for landowners to keep their lands in agricultural production. Such incentives may include tax exemptions, agricultural easements, and development rights; and

(4) Examine "unique lands" as established by the U.S. Department of Agriculture's Natural Resources Conservation Service. As used in this paragraph, "unique land" means land other than "prime" that is currently used for the production of specific high-value or high-yield crops. Such food crops include coffee, taro, rice, and watercress.

The commission shall exclude from its examination all lands which are both within the State urban district and zoned for urban uses by any of the four counties.

(c) Public participation. The commission shall invite the participation of the general public, particularly persons having an interest in agricultural lands located in the State. Public information meetings and hearings may be held as frequently as deemed necessary and feasible prior to submission of the commission's report.

SECTION 3. 2002 report. No later than twenty days prior to the convening of the regular session of 2002, the commission shall submit to the legislature a report of its findings and recommendations. The report shall include but not be limited to:

(1) An in-depth evaluation of the LESA system as recommended in the 1986 LESA report, including a list of recommendations and action items required to update the system;

(2) Recommended goals relating to agricultural production;

(3) An analysis of the concept of a two-tier land evaluation system;

(4) Recommended incentives for landowners to keep their lands in agricultural production;

(5) A set of maps reflective of the commission's findings, if appropriate; and

(6) Proposed relevant legislation.

The commission shall cease to exist on June 30, 2002.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $         or so much thereof as may be necessary for fiscal year 2001-2002 for the State of Hawaii land evaluation and site assessment commission to carry out the purposes of this Act.

The sum appropriated shall be expended by the legislative reference bureau for the purposes of this Act.

SECTION 5. This Act shall take effect upon its approval; except that section 4 shall take effect on July 1, 2001.

INTRODUCED BY:

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