STAND. COM. REP. 443

Honolulu, Hawaii

, 2003

RE: H.B. No. 1570

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committees on Agriculture and Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1570 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL LEASES,"

beg leave to report as follows:

The purpose of this bill is to ensure the long-term productive use of public lands classified for agricultural use by:

(1) Allowing the Department of Agriculture (DOA) to acquire and manage certain qualifying existing agricultural leases on public lands, under certain conditions; and

(2) Allowing those affected lessees of public lands acquired by DOA to petition DOA for lease extensions without regard to chapter 171 (Management and Disposition of Public Lands), Hawaii Revised Statutes (HRS).

In addition, this bill clarifies that the State shall

accommodate existing agricultural leases of other public lands classified for agricultural use pursuant to rules as required by chapter 91, HRS, and in conformance with the provisions of the Agricultural Park law, including the provisions of this bill.

The Hawaii Farm Bureau Federation supported this bill. The DOA supported the intent of this bill. The Department of Land and Natural Resources (DLNR) offered comments.

Your Committees support the concept of allowing DOA to acquire and manage other agriculture-related public land leases. However, your Committees note that an alternative approach may be used to address this issue.

In light of this, your Committees have amended this bill by deleting its substance and inserting provisions relating to the transfer of other agricultural lands from DLNR to DOA. As amended, this bill:

(1) Defines "other agricultural lands" as public lands and related facilities, leased or available to be leased by DLNR for agricultural activities

(2) Allows the transfer of other agricultural lands to DOA to be managed by DOA;

(3) Requires this program to be separate and distinct from the Agricultural Park program, and declares that an agricultural park lease is not the same and shall not be selected or managed as other agricultural lands described in this measure;

(4) Establishes the Other Agricultural Lands Special Fund to be used for purposes approved by the Board of Agriculture (BOA);

(5) Requires DOA to establish criteria and rules, subject to approval by BOA, to convert qualified and encumbered other agricultural lands to DOA leases or other forms of encumbrances;

(6) Requires BOA to establish criteria and rules to allow the cancellation, renegotiation, and extension of transferred encumbrances by DOA; and

(7) Requires BOA to adopt rules pursuant to chapter 91, HRS, to effectuate the provisions of the chapter established in this bill.

 

As affirmed by the records of votes of the members of your Committees on Agriculture and Water, Land Use, and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1570, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1570, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair

____________________________

FELIPE P. ABINSAY, JR., Chair