SCR103 SD1

WHEREAS, the passage of Act 183, Session Laws of Hawaii 2005 (Act 183), established the process for identifying important agricultural lands as mandated in article XI, section 3 of the Hawaii State Constitution; and

WHEREAS, Act 183 recognized that it is critical not only to establish policies for and to identify important agricultural lands, but also to provide incentives for agricultural viability in Hawaii, particularly for agricultural enterprises that farm important agricultural lands, and for landowners of important agricultural lands; and

WHEREAS, these incentives should be designed to promote agricultural viability resulting in the long term retention of important agricultural lands; and

WHEREAS, Act 183 directed the Department of Agriculture, in consultation with the Department of Business, Economic Development, and Tourism and the Department of Taxation, to facilitate a meeting process with stakeholders in the agricultural industry to develop and implement a comprehensive and integrated framework of incentives and programs that will:

(1) Promote agricultural viability;

(2) Sustain the growth of the agricultural industry in Hawaii; and

(3) Develop the long term use and protection of important agricultural lands for agricultural use in Hawaii including tax policies, agricultural business development, and financing, marketing, and agricultural land use techniques; and

WHEREAS, furthermore, the Department of Agriculture was requested to submit a report to the Legislature of stakeholder findings and recommendations before the 2007 Regular Session; and

WHEREAS, Act 183 also provided a process to map important agricultural lands by the counties, which is then followed by the designation of important agricultural lands, as mapped by the counties, three years after the enactment of legislation establishing incentives and protections for important agricultural lands and agricultural viability; and

WHEREAS, Act 183 further recognized that, in addition to state incentives programs, it was equally important to include county incentive programs to provide a comprehensive set of incentives for agriculture to be viable on important agricultural lands; and

WHEREAS, the Legislature has deliberated on several of the incentive measures submitted by the Department of Agriculture, the Hawaii Farm Bureau Federation, the Land Use Research Foundation, and several other stakeholders in the agricultural industry; and

WHEREAS, the Legislature, in consultation with stakeholders in the agricultural industry, will need to evaluate whether the incentive measures approved for important agricultural lands are adequate to begin the designation process; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the House of Representatives concurring, that the Department of Agriculture, in consultation with the Department of Business, Economic Development, and Tourism and the Department of Taxation, is requested to reconvene a working group of stakeholders in the agricultural industry in Hawaii; and

BE IT FURTHER RESOLVED that the Department of Agriculture is requested to reconvene a working group that consists of the following members:

(1) The Chairperson of the Board of Agriculture, or the Chairperson's designee;

(2) The Director of Business, Economic Development, and Tourism, or the Director's designee;

(3) The Director of Taxation, or the Director's designee;

(4) The Dean of the College of Tropical Agriculture and Human Resources at the University of Hawaii, or the Dean's designee;

(5) The President of the Hawaii Farm Bureau Federation, or the President's designee;

(6) The Executive Director of the Land Use Research Foundation of Hawaii, or the Executive Director's designee;

(7) The Director of the Office of Economic Development from each county, or the Director's designee; and

(8) Agricultural farmers and landowners; and

BE IT FURTHER RESOLVED that the working group is requested to:

(1) Perform an economic analysis of the incentive measures passed by the Legislature since the enactment of Act 183, Session Laws of Hawaii 2005;

(2) Recommend the minimum criteria for determining the "enactment of legislation establishing incentives and protection" pursuant to Act 183; and

(3) Continue to discuss and develop additional incentive measures and programs, including incentives from non-governmental entities, for important agricultural lands to meet the minimum criteria for the enactment of legislation to establish incentives and protections; and

BE IT FURTHER RESOLVED that the Department of Agriculture, in consultation with the Department of Business, Economic Development, and Tourism and Department of Taxation, is requested to submit a report of the working group's findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the 2008 Regular Session; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor; the Chairperson of the Board of Agriculture; the Director of Business, Economic Development, and Tourism; the Director of Taxation; the Dean of the College of Tropical Agriculture and Human Resources, University of Hawaii; the Mayor, City and County of Honolulu; the Mayor, County of Hawaii; the Mayor, County of Maui; the Mayor, County of Kauai; the Director of the Economic Development Office, City and County of Honolulu; the Director of the Department of Research and Development, County of Hawaii; the Director of the Office of Economic Development, County of Maui; the Director of the Office of Economic Development, County of Kauai; the President of the Hawaii Farm Bureau Federation; and the Executive Director of the Land Use Research Foundation of Hawaii.

Report Title:

Important Agricultural Lands; Incentives and Protections; Working Group

THE SENATE	S.C.R. NO.	103
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII