STAND. COM. REP. NO. 1592

Honolulu, Hawaii

, 2005

RE: H.B. No. 1640

H.D. 3

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred H.B. No. 1640, H.D. 3, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO IMPORTANT AGRICULTURAL LANDS,"

begs leave to report as follows:

The purpose of this measure is to establish policies and procedures for identifying important agricultural lands (IALs) and for developing state and county incentives to promote IAL viability.

This measure establishes:

(1) A new part in chapter 205, Hawaii Revised Statutes, that sets forth policies and procedures for the identification of IALs, including:

(a) Policies and objectives to assure the conservation and availability of IALs for long-term agricultural use;

(b) Standards and criteria for the identification of IALs;

(c) Procedures for the identification, designation, and retention of IALs;

(d) Standards and criteria for reclassification and rezoning of lands identified as IALs; and

(e) Policies for incentives for the long-term retention of IALs to be used for agriculture; and

(2) A process to develop proposals for state and county incentives to promote agricultural viability, sustained growth of the agriculture industry, and the long-term use and protection of IALs for agricultural use.

Your Committee has amended this measure by:

(1) Clarifying the purpose section to further define the Legislature's findings in this measure;

(2) Clarifying the standards for identification of IALs;

(3) Establishing provisions for when and how farmers and landowners may file petitions and how the commission will review and grant the petitions for declaratory orders and designations for IALs

(4) Clarifying who will receive the incentives for IALs;

(5) Clarifying that tax incentives and other incentive programs should include those for agricultural irrigation systems;

(6) Modifying the state and county agencies' requirements for reviewing IAL protection and incentive measures;

(7) Providing that the Land Use Commission will not be able to designate IALs before the enactment of protection and incentive measures for IALs and agricultural viability;

(8) Deleting the requirement that IAL designation reviews will be evaluated based on whether the affected landowners agree with the potential change and that the Land Use Commission will conduct a public hearing;

(9) Clarifying the procedures for designating IALs and adopting IAL maps;

(10) Providing that a farmer or landowner may petition to remove IAL designations if a sufficient water supply is no longer available because of causes beyond the farmer's or landowner's reasonable control;

(11) Providing procedures for subdividing IALs;

(12) Clarifying the procedures for conducting periodic reviews and amendments for IALs;

(13) Providing that the counties will submit its report and maps with recommendations to the Land Use Commission not later than sixty months from the date the county receives state appropriated funds and deleting the annual progress report requirement;

(14) Requiring the Department of Agriculture to distribute the appropriated money to each county and removing the conditions for which the counties will receive the money;

(15) Requiring the Department of Agriculture to submit annual reports on each county's progress in identifying and mapping IALs starting in 2006 and ending in 2009;

(16) Clarifying other Department of Agriculture reporting obligations for developing and implementing comprehensive incentives and programs to promote agricultural viability;

(17) Clarifying that the Department of Agriculture should consider including escalating tax credits based on the tax revenues generated by increased investment or agricultural activities on IALs in the incentive legislation and other programs to promote agricultural viability;

(18) Providing that section 205-I shall not take effect until three years after the enactment of protective and incentive measures, as provided in section 9;

(19) Deleting all appropriation dollar amounts; and

(20) Making technical, nonsubstantive changes for style, consistency, and clarity.

Your Committee noted concerns that incompatible uses neighboring each other often cause conflicts that impair agricultural activities. Your Committee recognizes the importance of using buffers to provide the necessary protection to IALs by separating them from urban or other incompatible uses. Thus, your Committee further amended this measure by clarifying that buffers of IALs shall utilize agricultural lands that are not designated as IALs, rural, or conservation district lands.

Your Committee further noted that opportunities should be made for farmers and landowners with the ability to promote the long-term viability of agricultural use of lands. Thus, the intent of this measure is not only to identify and set policies for IALs but also to provide for the development of incentives for agricultural viability in Hawaii.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1640, H.D. 3, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1640, H.D. 3, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

____________________________

BRIAN T. TANIGUCHI, Chair