THE SENATE

S.B. NO.

1374

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to land exchange.

 

 

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

 


PART I

     SECTION 1.  The legislature finds that agriculture was the economic mainstay of the central Oahu plains.  This industry, specifically sugar cane and pineapple, had a greater stake in how and where communities grew.  However, in 1996, the Waialua sugar mill closed, and in 2008, Del Monte fresh produce ended operations.  What remains are several thousand acres of fallow agricultural land.  Dole Food Company, Inc., has listed over fifteen thousand acres of these lands, including lands designated as conservation and watershed lands, for sale on Oahu between the area of central Oahu and the north shore.  The legislature further finds that current zoning does not prevent residential development on these parcels as they can be subdivided.  As it is the State's responsibility under article XI, section 3, of the Hawaii State Constitution to conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, and assure the availability of agriculturally suitable lands, the legislature should consider acquiring more agricultural land.  The large tracts of land listed for sale by Dole Food Company, Inc., provides the opportunity to fulfill the intent under the Hawaii State Constitution.

     Among the possible methods of acquiring these lands is a land exchange.  Land exchanges completed in other states have provided public benefit in conservation, economic growth, ecological, and recreational purposes.  Such exchanges have been successful for national parks and conservation areas.  For example, in December 2008, the Montana Board of Land Commissioners approved a land exchange to swap five hundred seventy acres of privately owned land with four hundred thirty-five acres of state land in order to increase public access, recreational opportunities, and land conservation on state trust lands near Whitefish, Montana.

     The legislature further finds that over the past few years, the State has made it a priority to shift toward sustainability in agriculture and decreasing our food imports.  Act 55, Session Laws of Hawaii 2013, amends the Hawaii State Planning Act to create a new state policy to promote economically competitive activities that increase Hawaii's agricultural self-sufficiency, including the increased purchase and use of Hawaii-grown food and food products by residents, businesses, and governmental bodies.

     The purpose of this part is to appropriate funds to investigate the possibility of exchanging state land for certain parcels of land currently owned by Dole Food Company, Inc., that are located between central Oahu and the north shore area, and to pay for costs of executing the exchange if appropriate state land is found, taking into consideration the market value of the state lands to be exchanged.

     SECTION 2.  There is appropriated out of the land conservation fund established pursuant to section 173A-5, Hawaii Revised Statutes, the sum of $500,000 or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 to investigate the possibility of acquiring land owned by Dole Food Company, Inc., identified as tax map keys 6-1-02-01, 6-1-02-23, 6-1-02-24, 6-2-02-02, 6-2-02-04, 6-2-05-35, 6-2-06-01, 6-2-06-02, 6-2-06-04, 6-2-06-06, 6-2-07-02, 6-2-07-04, 6-2-07-08, 6-2-07-11, 6-2-10-06, 6-3-01-02, 6-3-01-03, 6-4-01-01, 6-4-01-04, 6‑4-01-05, 6-4-01-12, 6-4-02-01, 6-4-03-03, 6-4-03-03A, 6-4-04-01, 6-4-04-01A, 6-4-04-06, 6-4-04-08, 6-5-01-14, 6-5-01-30, 6-5-01-31, 6-5-01-32, 6-5-01-44, 6-5-01-45, 6-5-01-46, 6-5-02-01, 6-5-02-06, 6-5-02-07, 6-5-02-08, 6-5-02-11, 6‑5-02-23, 6-5-05-02, 6-6-06-11, 6-6-10-10, 6-6-12-01, 6-6-14-04, 6-6-18-39, 6-6-20-11, 6-6-25-01, 6-6-25-02, 6-6-25-06, 6-6-27-08, 6-6-27-09, 6-6-27-10, 6-7-01-05, 6-7-01-08, 6-7-01-17, 6-7-01-26, 6-7-01-30, 6-7-01-34, 6-7-01-36, 6-7-01-37, 6-7-01-58, 6-7-01-59, 6-7-01-63, 6-7-02-14, 6-7-02-37, 6-7-02-46, 6-7-02-47, 6-7-03-02, 6-7-03-05, 6-7-03-06, 6-7-03-07, 6-7-03-09, 6-7-03-10, 6-7-03-11, 6-7-03-17, 6-7-04-01, 6-7-04-04, 6-7-07-40, 6-7-13-07, 6-7-14-17, 6‑8-02-05, 6-8-03-09, 6-8-06-17, 6-8-07-05, 7-1-02-04, 7-1-02-06, 7-1-02-11, 7-1-02-23, 7-1-02-34, 7-1-03-19, 7-1-03-47, 7-1-03-57, 7-1-03-66, 7-1-04-16, 7-1-04-24, 7-1-05-45, 7-1-05-51, 7-1-05-59, 7-1-06-06, 7-1-07-15, 7-2-01-03, 7-3-15-56, and 7-3-16-44 in the central Oahu area through an exchange of state land and to pay for costs of executing an exchange if appropriate state land is found; provided that the market value of the state lands to be exchanged shall be considered.

     The sums appropriated shall be expended by the department of budget and finance, in coordination with the department of accounting and general services and department of land and natural resources, for the purposes of this part.

PART II

     SECTION 3.  The legislature finds that like other prison systems across the country, Hawaii's prison system is overcrowded and outdated, as nearly 1,400 Hawaii prisoners were in mainland facilities as of 2014.  The current facilities in Hawaii are deteriorated, over-capacity, and poorly designed.  Over the years, the department of public safety has been exploring options to alleviate overcrowding in the State's prisons.  Options include replacing the State's largest jail facility, the Oahu community correctional center in Honolulu, or expanding the State's largest prison, the Halawa medium security facility.

     The legislature further finds that there is an opportunity, through a land exchange, for the State to relocate the Oahu community correctional center to Halawa in addition to expanding the Halawa medium security facility.

     The purpose of this part is to appropriate funds to investigate the possibility of a land exchange of certain state lands between the department of public safety and department of agriculture and how that exchange could be further utilized in acquiring certain parcels of land by Dole Food Company, Inc., and Castle and Cooke, Inc.

     SECTION 4.  There is appropriated out of the land conservation fund established pursuant to section 173A-5, Hawaii Revised Statutes, the sum of $           or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 to investigate:

     (1)  The possibility of a land exchange whereby the department of public safety transfers a parcel of land located in Honolulu, identified as tax map key 1-2-013:002, to the department of agriculture in exchange for the transfer by the department of agriculture of a parcel of land located in Aiea, identified as tax map key 9-9-010:046, to the department of public safety; and

     (2)  How the exchange described in paragraph (1) could be further utilized to acquire certain parcels of land by Dole Food Company, Inc., and Castle and Cooke, Inc., for agricultural production purposes.

     The sums appropriated shall be expended by the department of public safety and department of agriculture, for the purposes of this part.

PART III

     SECTION 5.  This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

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Report Title:

Exchange for Lands; Dole Food Company; Department of Public Safety; Department of Agriculture; Appropriation

 

Description:

Appropriates funds to investigate the possibility of exchanging state land for land owned by Dole Food Company, Inc., and for costs of executing the exchange.  Appropriates funds to investigate the possibility of exchanging certain state lands between the department of public safety and department of agriculture.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.