Proposes an amendment to the Hawaii constitution to provide for the preservation and protection of agricultural lands.

A BILL FOR AN ACT

SECTION 1. The purpose of this Act is to propose an amendment to article XI, section 3, of the Constitution of the State of Hawaii to provide for the preservation and protection of agricultural lands in Hawaii.

SECTION 2. Article XI, section 3, of the Constitution of the State of Hawaii is amended to read as follows:

"AGRICULTURAL LANDS

Section 3. The State shall conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands. The legislature shall provide standards and criteria to accomplish the foregoing.

Lands identified by the State as important agricultural lands needed to fulfill the purposes above shall not be reclassified by the State or rezoned by its political subdivisions without meeting the standards and criteria established [by the legislature] and approved by [a two-thirds vote of the body responsible for the reclassification or rezoning action.] the legislature as expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives; provided that if such a concurrent resolution is not adopted by the adjournment sine die of the 2010 regular session of the legislature, then all lands classified as being within the boundaries of an agricultural district as of January 1, 2010, shall be deemed to be important agricultural lands.

In any judicial, quasi-judicial, administrative or other proceeding in this State involving the classification, characterization, development or other disposition of lands, when a choice exists between preserving the lands for agricultural use, whether or not identified as important agricultural lands, and using the lands for a purpose not related to agriculture, the preference of the tribunal conducting the proceeding, whether as an original proceeding or on remand, as expressed by judgment, order or other decision, and that of any appellate or reviewing body, shall be to preserve the land for agricultural use, without regard to the potential for development of that land. As used in this paragraph, "agricultural use" shall be as provided by law."

SECTION 3. The question to be printed on the ballot shall be as follows:

1. Providing that if the legislature fails to adopt a concurrent resolution approving the identification of important agricultural lands in the State by majority vote of both houses by the adjournment of the 2010 regular session, then all lands classified as being within the boundaries of an agricultural district as of January 1, 2010, shall be deemed to be important agricultural lands; and
2. Specifying that in any proceeding involving the disposition of lands, when a choice exists between preserving the lands for agricultural use, whether or not identified as important agricultural lands, and using the lands for a purpose not related to agriculture, the preference shall be to preserve the land for agricultural use, without regard to the potential for development of that land."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.