Report Title:

Agriculture; Important Agricultural Lands

 

Description:

Allows the designation of important agricultural lands by concurrent resolution of the legislature.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2362

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to agricultural lands.

 

 

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

 


     SECTION 1.  Notwithstanding section 205-49, Hawaii Revised Statutes, or any provision of part III of chapter 205, Hawaii Revised Statutes, to the contrary, the legislature may designate important agricultural lands if it determines that the designation is necessary to conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, or ensure the availability of agriculturally suitable lands.

     The designation of important agricultural lands shall be by concurrent resolution, adopted by majority vote of the senate and the house of representatives, and shall include:

     (1)  Tax map keys of the lands to be designated;

     (2)  Legislative finding of qualification for designation pursuant to section 205-44, Hawaii Revised Statutes; and

     (3)  Legislative finding that the designation is consistent with the state plan and the general, development, and community plans of the county wherein the land is situated.

     Upon the adoption of the concurrent resolution designating important agricultural lands pursuant to this section, the land use commission shall designate the lands as important agricultural lands.

     SECTION 2.  Act 183, Session Laws of Hawaii 2005, section 9, is amended by amending subsection (a) to read as follows:

     "(a)  It is the intent of this Act:

     (1)  That agricultural incentive programs to promote agricultural viability, sustained growth of the agricultural industry, and the long-term use and protection of important agricultural lands for agricultural use shall be developed concurrently with the process of identifying important agricultural lands as required under section 2 of this Act; and

     (2)  That, except for the designation of important agricultural lands by the legislature pursuant to section 1 of Act   , Session Laws of Hawaii 2008, the designation of important agricultural lands and adoption of maps by the land use commission pursuant to section 2 of this Act shall take effect only upon the enactment of legislation establishing incentives and protections for important agricultural lands contemplated by section [205-F] 205-46, Hawaii Revised Statutes, and shall be satisfied by:

         (A)  Providing a declaration of satisfaction within the Act that establishes incentives for important agricultural lands; or

         (B)  Having the legislature adopt a concurrent resolution declaring the satisfaction of implementing incentives for important agricultural lands by identifying the specific measures or Acts that establish incentives for important agricultural lands."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

     SECTION 4.  In printing this Act, the revisor of statutes shall insert the appropriate number of this Act in section 2 of this Act.

     SECTION 5.  This Act shall take effect upon its approval; provided that section 1 of this Act shall be repealed upon the satisfactory enactment of incentives for important agricultural lands pursuant to section 9 of Act 183, Session Laws of Hawaii 2005; and provided further that, upon the repeal of section 1, lands designated as important agricultural lands pursuant to section 1 shall be designated as important agricultural lands pursuant to part III of chapter 205, Hawaii Revised Statutes.

 

INTRODUCED BY:

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