|
THE SENATE |
S.B. NO. |
2795 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State must meet its constitutional mandate of conserving agricultural lands. Article XI, section 3, of the Constitution of the State of Hawaii outlines the State's responsibilities to conserve and protect agricultural lands. It also charges the State with the responsibility of promoting diversified agriculture, increasing agricultural self-sufficiency, and assuring the availability of agriculturally suitable lands. The downsizing of Hawaii's agricultural industry over the decades and the closures of large operations, including those of the Waialua Sugar Mill, the Hawaiian Commercial & Sugar Company, and, most notably Del Monte and the Dole Food Company, have resulted in the availability of large tracts of former agricultural land for sale.
The legislature further finds that article XI, section 4, of the Constitution of the State of Hawaii grants the State the power to acquire interests in real property to control future growth, development, and land use within the State. Hawaii's environmental response, energy, and food security tax provides a funding source for energy and food security initiatives. Of the $1.05 per barrel tax on petroleum products other than aviation fuel, only 45 cents are allocated to supporting environmental response, energy, and food security. The remaining 60 cents are deposited in the general fund.
The purpose of this Act is to align the environmental response, energy, and food security tax with its original intent by reallocating a portion of the tax from the general fund to the department of agriculture to fund the acquisition of agricultural land.
SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§141- Agricultural land acquisition fund; established. There is established the agricultural land acquisition fund, to which shall be credited any state appropriations to the fund, the portion of the environmental response, energy, and food security tax specified under section 243-3.5, and other moneys made available to the fund, to be expended at the sole discretion of the chairperson of the board of agriculture for the acquisition, administration, maintenance, and management of agricultural lands."
SECTION 3. Section 243-3.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) In addition to any other taxes provided by law, subject to the exemptions set forth in section 243-7, there is hereby imposed a state environmental response, energy, and food security tax on each barrel or fractional part of a barrel of petroleum product sold by a distributor to any retail dealer or end user of petroleum product, other than a refiner. The tax shall be $1.05 on each barrel or fractional part of a barrel of petroleum product that is not aviation fuel; provided that of the tax collected pursuant to this subsection:
(1) 5 cents of the tax on each barrel shall be deposited into the environmental response revolving fund established under section 128D-2;
(2) 15 cents of the tax on each barrel shall be deposited into the energy security special fund established under section 201-12.8;
(3) 10 cents of the
tax on each barrel shall be deposited into the energy systems development
special fund established under section 304A-2169.1; [and]
(4) 15 cents of the
tax on each barrel shall be deposited into the agricultural development and
food security special fund established under section 141-10[.]; and
(5) 10 cents of the tax on each barrel shall be deposited into the agricultural land acquisition fund established under section 141- .
The tax imposed by this subsection shall be paid by the distributor of the petroleum product."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2016.
Report Title:
Agricultural Land Acquisition, Maintenance, and Management; Barrel Tax; Department of Agriculture
Description:
Establishes the agricultural land acquisition fund. Amends the environmental response, energy, and food security tax to allocate a portion of the proceeds to the agricultural land acquisition fund. Directs funds deposited into the agricultural land acquisition fund to be expended for the acquisition, administration, maintenance, and management of agricultural lands. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.