Report Title:

Agricultural Land Preservation; Waialua; Land Exchange

Description:

Requires the department of land and natural resources to enter into land exchange negotiations with the private landowners of land in the Waialua to obtain title to agricultural lands in the area. Transfers control and title to obtained lands to the agribusiness development corporation. Establishes regional agricultural subcommittee for the area to advise corporation on management of the lands.

THE SENATE

S.B. NO.

2441

TWENTY-SECOND LEGISLATURE, 2004

 

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 purpose of this Act is to establish a process to ensure that certain lands in the Waialua area on the island of Oahu:

(1) Remain available for agricultural use;

(2) Are properly managed so as to ensure continued economic viability while used for agriculture; and

(3) Are managed in a manner that is sensitive to and consistent with the needs of farmers in the Waialua area.

The legislature finds that this Act is in the public interest and will preserve agricultural activities in the area and a lifestyle that benefits the Waialua community and the community-at-large.

SECTION 2. (a) The department of land and natural resources shall enter into land exchange negotiations with private landowners of agricultural lands in the Waialua area of the island of Oahu in order to obtain title to the lands currently used for agricultural purposes. The department of land and natural resources shall submit to the legislature, either a progress report on its actions to obtain the Waialua agricultural lands or proposed legislation requesting the execution of the land exchange not later than twenty days prior to the convening of the 2005 regular session.

(b) Any land exchange negotiated pursuant to this Act shall be subject to section 171-50, Hawaii Revised Statutes.

(c) Upon the execution of a land exchange pursuant to this Act, the department of land and natural resources shall transfer title and control of the acquired land to the agribusiness development corporation established under section 163D-3, Hawaii Revised Statutes.

SECTION 3. Chapter 163D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"163D- Waialua agricultural region subcommittee; special management responsibilities; established. (a) There is established a Waialua agricultural region subcommittee that shall serve in an advisory capacity to the board on matters relating to the management of agricultural lands under the control of the corporation in the Waialua area of the island of Oahu.

(b) The Waialua agricultural region subcommittee shall consist of seven members, of which: two shall be appointed by the president of the senate; two shall be appointed by the speaker of the house of representatives; and three shall be appointed by the governor. All members of the subcommittee shall be farmers in the Waialua area and section 26-34 shall not apply to the selection and terms of the members of the subcommittee. A vacancy on the subcommittee shall be filled by the appointing authority that appointed the vacated member.

(c) The Waialua agricultural region subcommittee shall advise the board on all issues concerning the management and disposition of lands transferred to the corporation pursuant to Act , Session Laws of Hawaii 2004, and any other agricultural lands controlled by the corporation in the Waialua area of the island of Oahu. The board shall accept and execute the recommendations of the Waialua agricultural region subcommittee and may not set aside any recommendation unless by a majority of at least nine board members voting in the affirmative to set aside the subcommittee's recommendations; provided that any recommendation of the subcommittee to expend corporation moneys shall not be subject to this sentence."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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