SB1034 HD2

Report Title:

Transfer of Agricultural Lands to DOA from DLNR

Description:

Allows certain agricultural lands leased or available to be leased by DLNR to be transferred to, and managed by, DOA. (SB1034 HD2)

THE SENATE	S.B. NO.	1034
TWENTY-SECOND LEGISLATURE, 2003		S.D. 1
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

relating to agricultural lands.

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

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 11, to be appropriately designated and to read as follows:

"Chapter

Other agricultural lands

§ -1 Legislative findings. The legislature finds that article XI, section 10, of the State Constitution establishes that "the public lands shall be used for the development of farm and homeownership on as widespread a basis as possible, in accordance with procedures and limitations prescribed by law."

Therefore, the legislature finds that certain public lands classified for agricultural use by the department of land and natural resources should be transferred to the department of agriculture, with the approval of the board of land and natural resources and the board of agriculture, for purposes and in a manner consistent with article XI, section 10, of the State Constitution.

The purpose of this Act is to ensure the long-term productive use of public lands leased or available to be leased by the department of land and natural resources for agricultural purposes by allowing these lands to be transferred to and managed by the department of agriculture.

§ -2 Definitions. For the purposes of this chapter:

"Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees.

"Board" means the board of agriculture.

"Department" means the department of agriculture.

"Other agricultural lands" means public lands and related facilities leased or available for lease by the department of land and natural resources for the purpose of agricultural activities.

§ -3 Transfer of other agricultural lands and related facilities to the department; lands management program. (a) Upon mutual agreement and approval of the board and the board of land and natural resources:

(1) The department may accept the transfer of and manage certain qualifying other agricultural lands; and

(2) Certain assets, including position counts, related to the management of existing encumbered and unencumbered other agricultural lands and related facilities shall be transferred to the department upon request; provided that funding for personnel related to the management of the transferred encumbered and unencumbered other agricultural lands by the department of land and natural resources shall not be transferred to the department.

(b) The department shall develop and administer a program to manage the other agricultural lands transferred to the department under subsection (a). The program and its rules shall be separate and distinct from the agricultural park program and its rules. Other agricultural lands are not the same as, and shall not be selected or managed as are lands under agricultural park leases.

(c) Notwithstanding any other law to the contrary, rules to transfer, and to qualify other agricultural lands for transfer under the program developed pursuant to subsection (b) shall be adopted by the board under chapter 91 and shall include the following conditions pertaining to encumbered other agricultural lands:

(1) The lessee or permittee shall perform in full compliance with the existing lease or permit;

(2) The lessee or permittee shall not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county; and

(3) The lessee's or permittee's agricultural operation shall be economically viable as specified by the board.

A transfer of agricultural lands under the program may include more than one parcel; provided that these parcels are geographically adjacent to one another.

§ -4 Conversion of qualified and encumbered other agricultural lands. The department shall establish criteria and rules pursuant to chapter 91 and subject to approval by the board to convert qualified and encumbered other agricultural lands to department leases or other forms of encumbrance.

§ -5 Extension of other agricultural lands encumbered by permit and transferred to and managed by the department. Notwithstanding chapter 171, the board shall establish criteria and rules to allow the cancellation, renegotiation, and extension of transferred encumbrances by the department.

§ -6 Rules. The board shall adopt rules pursuant to chapter 91 to effectuate the purposes of this chapter."

SECTION 2. The board of agriculture and the board of land and natural resources shall jointly report to the legislature, not later than twenty days prior to the convening of the 2004 regular session, on their efforts to effectuate the transfers authorized under this Act.

SECTION 3. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Constitution of the State of Hawaii or Article I, Section 10, of the United States Constitution.

SECTION 4. This Act shall take effect upon its approval.