Report Title:

Important Agricultural Lands; Development Projects; Moratorium

Description:

Establishes a five-year moratorium on the development of agricultural lands located in the State for which general planning has not commenced.  Creates a sunset date of 6/30/2013.

THE SENATE	S.B. NO.	2641
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to important agricultural lands.

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

     SECTION 1.  In 2005, the legislature enacted Act 183, Session Laws of Hawaii 2005, implementing article XI, section 3, of the state constitution regarding important agricultural lands.  Act 183 establishes policies and procedures for the identification of important agricultural lands and provides for a process to develop protection and incentive measures for important agricultural lands and agricultural viability.

     The purpose of this Act is to establish a five-year moratorium on the development of agricultural lands located in the State for which general planning has not commenced.

     SECTION 2.  (a)  Notwithstanding any law to the contrary, there is established a five-year moratorium on any building or development project on agricultural lands located in the State; provided that:

     (1)  The moratorium on building or development projects on agricultural lands shall be limited to any building or development project for which general planning has not commenced;

     (2)  The building or development project is intended to effect parcels of agricultural land with an overall (master) productivity rating of class A or B, and designated as an agricultural district;

     (3)  The building or development project is intended to effect parcels of agricultural land located in the State, and designated as an agricultural district; and

     (4)  The building or development project is not a permissible use within an agricultural district under section 205-4.5, Hawaii Revised Statutes.

     (b)  The moratorium shall be lifted on June 30, 2013.

     (c)  For purposes of this section, "general planning" means projects for which planning, design, or construction has already commenced.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  This Act shall take effect upon its approval and shall be repealed on June 30, 2013.

INTRODUCED BY:

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