SB2812 HD1

SECTION 1. Act 90, Session Laws of Hawaii 2003, was enacted to authorize the transfer of certain non-agricultural park lands from the department of land and natural resources to the department of agriculture. The legislature finds that many lessees of large acreages of land, primarily farmers and ranchers, have already been notified by the department of agriculture that their land leases were to be transferred to and managed by the department of agriculture. However, nearly seventeen years later, the department of land and natural resources has not yet transferred the lands.

The purpose of this Act is to:

(1) Clarify that agricultural activities on non-agricultural park lands may include the care and production of pasture lands; and

(2) Require the department of land and natural resources to transfer certain non-agricultural park lands to the department of agriculture as authorized by section 166E-3, Hawaii Revised Statutes;

(3) Require the department of land and natural resources to accept and return to its land inventory any parcel, or portion thereof, transferred pursuant to this Act that the department of agriculture has determined to be unsuitable or unnecessary for agricultural use;

(4) Require reports to the legislature on implementing the land transfers, addressing concerns about stewardship, and complying with the land transfers;

(5) Establish a process to dispose of lands that were not transferred by this Act but may qualify as transferable lands under Act 90, Session Laws of Hawaii 2003, and whose land use classification is in dispute between the department of land and natural resources and department of agriculture; and

(6) Appropriate funds.

SECTION 2. Section 166E-2, Hawaii Revised Statutes, is amended by amending the definition of "agricultural activities" to read as follows:

"Agricultural activities" means the care and production of livestock, pasture lands, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees."

SECTION 3. (a) No later than June 30, 2021, the board of land and natural resources shall transfer to the department of agriculture, without limitation, lands of the following tax map key numbers: (3) 1-2-008-001-5000, (3) 1-8-010-038-0000, (3) 1-8-010-043-0000, (3) 1-8-010-044-0000, (3) 1-8-010-046-0000, (3) 2-3-030-001-0000, (3) 2-3-032-001-0000, (3) 2-4-004-012-0000, (3) 2-4-004-013-0000, (3) 2-4-004-021-0000, (3) 2-4-004-022-0000, (3) 2-4-005-012-0000, (3) 2-4-006-012-0000, (3) 2-4-006-013-0000, (3) 2-4-007-037-0000, (3) 2-4-051-001-0000, (3) 2-6-018-001-0000, (3) 2-7-007-005-0000, (3) 2-8-010-003-0000, (3) 3-5-001-001-0000, (3) 3-6-006-046-0000, (3) 4-1-004-031-0000, (3) 4-1-004-033-0000, (3) 4-1-006-002-0000, (3) 4-1-006-004-0000, (3) 4-1-006-007-0000, (3) 4-2-007-002-0000, (3) 4-2-008-002-0000, (3) 4-3-006-005-0000, (3) 4-3-010-002-0000, (3) 4-3-010-008-0000, (3) 4-3-014-001-0000, (3) 4-4-003-003-0000, (3) 4-4-003-047-0000, (3) 4-4-010-013-0000, (3) 4-4-013-011-0000, (3) 4-4-014-002-0000, (3) 4-4-014-004-0000, (3) 4-5-001-007-0000, (3) 4-5-001-013-0000, (3) 4-5-011-006-0000, (3) 4-5-011-007-0000, (3) 5-5-003-005-0000, (3) 5-5-003-006-0000, (3) 5-5-003-013-0000, (3) 5-5-003-014-0000, (3) 5-5-003-019-0000, (3) 5-5-007-008-0000, (3) 5-5-007-009-0000, (3) 5-6-001-001-0000, (3) 5-6-001-035-0000, (3) 5-7-001-004-0000, (3) 5-7-001-009-0000, (3) 5-7-001-010-0000, (3) 5-7-001-015-0000, (3) 5-8-001-002-0000, (3) 5-8-001-005-0000, (3) 5-8-001-006-0000, (3) 5-8-002-003-0000, (3) 5-8-002-005-0000, (3) 5-8-002-006-0000, (3) 5-8-003-007-0000, (3) 6-2-001-003-0000, (3) 6-2-001-005-0000, (3) 6-2-001-011-0000, (3) 6-2-001-015-0000, (3) 6-4-001-057-0000, (3) 6-4-031-007-0000, (3) 6-4-031-009-0000, (3) 6-4-031-010-0000, (3) 6-5-001-006-0000, (3) 6-5-001-020-0000, (3) 6-6-001-002-0000, (3) 6-6-006-002-0000, (3) 6-6-006-003-0000, (3) 6-6-006-004-0000, (3) 6-6-006-005-0000, (3) 7-2-004-004-0000, (3) 7-5-010-016-0000, (3) 7-2-006-017-0000, (3) 8-7-001-014-0000, (3) 8-7-004-005-0000, (3) 8-7-004-007-0000, (3) 8-7-004-008-0000, (3) 8-7-004-009-0000, (3) 8-7-004-010-0000, (3) 9-3-003-035-0000, (3) 9-3-003-036-0000, (3) 9-5-005-003-5001, (3) 9-5-005-003-5002, (3) 9-5-006-001-5002, (3) 9-5-006-001-5004, (3) 9-5-012-002-0000, (3) 9-5-012-018-0000, (3) 9-5-012-019-0000, (3) 9-5-012-020-0000, (3) 9-5-013-001-5000, (3) 9-5-013-001-5001, (3) 9-5-013-001-5002, (3) 9-5-019-001-0000, (3) 9-5-019-002-0000, (3) 9-5-019-017-0000, (3) 9-6-002-005-0000, (3) 9-6-002-010-0000, (3) 9-6-002-013-5000, (3) 9-6-002-013-5001, (3) 9-6-011-002-5000, (3) 9-6-012-004-0000, (3) 9-8-001-002-0000, (3) 9-8-001-003-0000, (3) 9-8-001-006-0000, (3) 9-8-001-009-0000, (3) 9-8-001-010-0000, (3) 9-8-001-011-5000, (3) 9-8-001-012-0000, and (3) 9-8-001-013-0000.

(b) Upon mutual agreement and approval of the board of agriculture and the board of land and natural resources, certain assets, including position counts, related to the management of existing non-agricultural park lands transferred by this Act and related facilities shall be transferred from the department of land and natural resources to the department of agriculture.

(1) Included in and subject to the requirements of the program established pursuant to section 166E-3(b), Hawaii Revised Statutes;

(2) Subject to section 166E-3(c), Hawaii Revised Statutes; and

(3) Subject to return to the department of land and natural resources upon a determination by the department of agriculture that any parcel, or portion thereof, is unsuitable or unnecessary for agricultural use; provided that upon return of any parcel, or portion thereof, pursuant to this Act, the department of land and natural resources shall withdraw and return those parcels or portions thereof into its state land inventory.

(d) The department of land and natural resources and department of agriculture shall jointly submit reports to the legislature no later than December 31, 2021, with recommendations on:

(1) How the transfer of lands from the department of land and natural resources to the department of agriculture can be implemented by the end of the following calendar year; and

(2) Addressing concerns about stewardship by having the department of agriculture:

(A) Consider whether a fee should be assessed pursuant to a lease negotiated with a lessee upon the transfer of lands, which would be used specifically for a watershed management plan utilizing the existing non-agricultural park special fund; and

(B) Cooperate with the department of land and natural resources to allow continued management and stewardship of these important public trust lands and agriculture lands.

(e) The department of land and natural resources and department of agriculture shall jointly submit reports to the legislature no later than twenty days prior to the convening of the regular sessions of 2023 and 2024 on their efforts to comply with this Act. The reports shall include:

(1) A list of all lands transferred pursuant to this Act;

(2) A list of all lands in subsection (a) that have not been transferred to the department of agriculture and an explanation of why each of those lands have not been transferred; and

(3) Any proposed legislation.

SECTION 4. (a) No later than June 1, 2021, the department of land and natural resources and department of agriculture shall identify lands in limbo. Upon identification of lands in limbo, the department of land and natural resources and department of agriculture shall submit a petition to the land use commission to determine whether the lands in limbo are bona fide agricultural land, including pasture land, or conservation land. After a determination by the land use commission, the department of land and natural resources shall dispose of the lands in limbo as appropriate.

(b) The land use commission may hold public hearings on the land use classification of the lands in limbo.

(d) For purposes of this section, "lands in limbo" means state lands managed by the department of land and natural resources that have not been identified for transfer by this Act that may qualify for transfer to the department of agriculture under Act 90, Session Laws of Hawaii 2003, but have not been transferred because of a dispute between the department of land and natural resources and department of agriculture as to the land use classification of the land.

SECTION 5. 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 2020-2021 for deposit into the non-agricultural park lands special fund.

SECTION 6. There is appropriated out of the non-agricultural park lands special fund the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 for the purposes of section 3 of this Act.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act; provided that upon approval by the chairperson of the board of agriculture, funds may be allocated to and expended by the department of land and natural resources for the purposes of this Act.

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2051.

THE SENATE	S.B. NO.	2812
THIRTIETH LEGISLATURE, 2020		S.D. 2
STATE OF HAWAII		H.D. 1