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SB2019
THE SENATE
S.B. NO.
2019
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to the transfer of non-agricultural park lands
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION 1.
�
The
legislature finds that Act 90, Session Laws of Hawaii 2003 (Act 90), 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
and biosecurity.
����
The legislature
further finds
that Act 139, Session Laws of Hawaii 2021, established a working group to assess
the process, status, challenges, and potential remedies regarding the transfer
of non-agricultural park lands to fulfill the purposes of Act 90.
�
A key finding of the working group is that
lands under the department of land and natural resources that are used primarily
for agricultural production should be transferred to the department of
agriculture and biosecurity according to the processes and conditions established
in Act 90.
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Accordingly, the purpose of this Act is to:
����
(1)
�
Require, rather than authorize, the department of
agriculture and biosecurity to
accept the transfer of and manage certain
qualifying non-agricultural park lands
;
����
(2)
�
Authorize the department of agriculture and biosecurity to
request from the department of land and natural resources, prior to any
transfer of certain qualifying non-agricultural park lands, any information
related to the establishment of necessary and reasonable easements
; and
����
(3)
�
Require the department of land and natural resources to
obtain approval from the board of land and natural resources and board of
agriculture and biosecurity before removing any pasture lands for reforestation
or other public purposes
.
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SECTION
2
.
�
Section 166E-1, Hawaii Revised Statutes, is
amended to read as follows:
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"
�166E-1
�
Legislative
findings.
�
The legislature finds that article XI, section 10, of the [
state
constitution
]
Hawaii State Constitution
establishes that "the
public lands shall be used for the development of farm and [
homeownership
]
home ownership
on as widespread a basis as possible, in accordance with
procedures and limitations prescribed by law."
����
Therefore,
the legislature finds that certain public lands classified
by the department
of land and natural resources
for agricultural use [
by the department of
land and natural resources
]
, including all lands designated as intensive
agricultural use, special livestock use, and pasture use under section 171-10,
should be transferred to the department of agriculture and biosecurity[
,
with the approval of the board of land and natural resources and the board of
agriculture and biosecurity,
] for purposes and in a manner consistent with
article XI, section 10, of the [
state constitution.
]
Constitution of
the State of Hawaii.
����
The
purpose of this chapter is to ensure the long-term productive use of public
lands leased or available to be leased by the department of land and natural
resources for agricultural purposes
, including pasture use,
by allowing
these lands to be transferred to and managed by the department of agriculture
and biosecurity.
"
����
SECTION
3
.
�
Section 166E-3, Hawaii Revised Statutes, is
amended to read as follows:
����
"
�166E-3
�
Transfer and
management of non-agricultural park lands and related facilities to the
department of agriculture and biosecurity
.
�
(a)
�
Upon [
mutual agreement and
] approval of the board [
and the
board of land and natural resources
]:
����
(1)
�
The
department [
may
]
shall
accept the transfer of and manage certain
qualifying non-agricultural park lands[
;
]
, subject to the suitability
of the land for agricultural activities and use, as determined by the board;
and
����
(2)
�
Certain
assets, including position counts, related to the management of existing
encumbered and unencumbered non-agricultural park lands and related facilities
shall be transferred to the department[
.
]
;
provided
that any designated conservation lands not in current agricultural use shall
remain under the jurisdiction of the department of land and natural resources.
����
(b)
�
The department shall administer a program to manage the transferred
non-agricultural park lands under rules adopted by the board pursuant to
chapter 91.
�
The program and its rules
shall be separate and distinct from the agricultural park program and its
rules.
�
Non-agricultural park lands are
not the same as, and shall not be selected or managed as are lands under
agricultural park leases.
�
Notwithstanding any other law to the contrary, the program shall include
the following conditions pertaining to encumbered non-agricultural park lands:
����
(1)
�
The
lessee or permittee shall perform in full compliance with the existing lease or
permit;
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(2)
�
The
lessee or permittee shall not be in arrears in the payment of taxes, rents, or
other obligations owed to the State or any county;
����
(3)
�
The
lessee's or permittee's agricultural operation shall be economically viable as
specified by the board; and
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(4)
�
No
encumbered or unencumbered non-agricultural park lands with soils classified by
the land study bureau's detailed land classification as overall (master)
productivity rating class A or B shall be transferred for the use or
development of golf courses, golf driving ranges, [
and
]
or
country clubs.
The
transfer of non-agricultural park lands shall be done in a manner to be
determined by the board of agriculture and biosecurity.
����
(c)
�
For any encumbered or unencumbered non-agricultural park lands
transferred to the department that are not being utilized or required for the
public purpose stated, the order setting aside the lands shall be withdrawn and
the lands shall be returned to the department of land and natural resources.
����
(d)
�
Prior to the transfer of certain qualifying non‑agricultural park
lands, the department may request from the department of land and natural
resources information related to the establishment of necessary and reasonable
easements upon the lands.
����
(e)
�
Prior to the withdrawal of any land designated for pasture leases for
reforestation or other public purposes:
����
(1)
�
The
department of land and natural resources shall:
���������
(A)
�
Obtain approval from the board of land and natural resources and
board of agriculture and biosecurity; and
���������
(B)
�
If withdrawal is approved pursuant to subparagraph (A) and
paragraph (2), provide adequate notice of no less than one year to the then-current
lessee or permittee; and
����
(2)
�
The
division of forestry and wildlife shall obtain from the board of land and
natural resources approval of a feasible and funded action plan for
reforestation or other conservation purposes on current pasture lease lands.
"
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SECTION 4.
�
This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.
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SECTION 5.
�
Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.
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SECTION 6.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DAB;
DLNR; Non-Agricultural Park Lands; Transfer; Easements
Description:
Requires the Department of Agriculture and Biosecurity to
accept the transfer of and manage certain qualifying non-agricultural park
lands.
�
Authorizes the Department of Agriculture
and Biosecurity to request information related to easements prior to any
transfer of certain qualifying non-agricultural park lands.
�
Requires approval from the Board of Land and Natural
Resources and Board of Agriculture and Biosecurity and an approved feasible and
funded action plan before pasture lands are removed for reforestation or other
public purposes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.