Appropriates funds for the agribusiness development corporation to acquire agricultural land in Waialua from the Galbraith Estate. Enables the agribusiness development corporation to contract with banks to provide lease management services.

A BILL FOR AN ACT

PART I

SECTION 1. The purpose of this part is to:

SECTION 2. Section 163D-7, Hawaii Revised Statutes, is amended to read as follows:

"[[]§163D-7[]] Agricultural projects; agricultural development plans. (a) The corporation may develop and implement agricultural projects where large tracts of agricultural land have been or will be taken out of productive agriculture or where, through detailed analysis, opportunities exist to exploit potential local, national, and international markets.

(b) The corporation may initiate and coordinate the preparation of business and agricultural development plans for its projects. The plans shall include a proposal for the organization of the enterprise, a marketing information and strategy, the impact on existing agricultural operations throughout the [State] state, and a recommendation for the construction, reconstruction, rehabilitation, improvement, alteration, or repair of any infrastructure or accessory facilities in connection with any project.

(c) The corporation may enter into cooperative agreements with coordinating entrepreneurs or public agencies when the powers, services, and capabilities of the persons or agencies are deemed necessary and appropriate for the development and implementation of the business and agricultural development plans.

(d) Notwithstanding any provision of this chapter to the contrary, when leasing corporation-controlled agricultural land, the corporation may contract with a financial institution chartered under chapter 412 or a federal financial institution, as defined under section 412:1-109, that is transacting business in this state to provide lease management services. For the purposes of this subsection, "lease management services" includes the collection of lease rent and any other moneys owed to the corporation related to the lease of agricultural land under its control.

[(d)] (e) The agricultural planning activities of the corporation shall be coordinated with the county planning departments and the county land use plans, policies, and ordinances.

[(e)] (f) The corporation may amend the business and agricultural development plans as may be necessary.

[(f)] (g) Any undertaking by the corporation pursuant to this chapter shall be with the express written consent of the landowner or landowners directly affected."

SECTION 3. Section 163D-15.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]§163D-15.6 Commitment and preservation of agricultural leases.[]] (a) The [agribusiness development] corporation shall work toward obtaining commitments from landowners in the leeward and central districts of Oahu that their agricultural leases shall be for a duration of twenty or more years, and shall not be amended or revoked [in order] to allow for a nonagricultural use of [such] that land[.]; provided that for lands in the Waialua area on the island of Oahu acquired under section 5 of this Act, the agricultural leases shall be for not less than fifty-five years.

(b) To further ensure the preservation of agriculture in the leeward and central districts of Oahu, the [agribusiness development] corporation shall monitor the agricultural leases of lands [utilizing] using the water from the Waiahole water system. In the event of any proposed amendment or revocation of any such lease, the corporation shall do all things within its powers under [[]this chapter[]] to protect and defend the interests of the agricultural leaseholders to ensure the continuation of agricultural use for those lands."

PART II

SECTION 4. The purpose of this part is to comply with article XI, sections 3 and 10 of the state constitution, relating to the protection of agricultural lands and the promotion of farm ownership and diversified agriculture, by establishing a process to ensure that certain lands in the Waialua area on the island of Oahu:

The legislature finds that this Act is in accordance with article XI, sections 3 and 10 of the state constitution, is in the public interest, and will preserve agricultural activities in the area and a lifestyle that benefits the Waialua community and the community at large.

SECTION 5. (a) The agribusiness development corporation shall acquire the agricultural lands located in the Waialua area on the island of Oahu and owned by the Galbraith Estate.

(b) The agribusiness development corporation shall submit to the legislature a progress report on its actions to acquire the Waialua agricultural lands no later than twenty days prior to the convening of the regular session of 2007.

SECTION 6. 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 2006-2007, to acquire agricultural lands located in the Waialua area and owned by the Galbraith Estate.

The sum appropriated shall be expended by the agribusiness development corporation for the purposes of this Act.

PART III

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2006.