SB 1099: Important Agricultural Lands; LUC; County Lands; State Lands

A BILL FOR AN ACT

RELATING TO IMPORTANT AGRICULTURAL LANDS.

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

     SECTION 1.  Section 205-49, Hawaii Revised Statutes, is amended to read as follows:

     "§205-49  Designation of important agricultural lands; adoption of important agricultural lands maps.  (a)  After receipt of the maps of eligible important agricultural lands from the counties and the recommendations of the department of agriculture and the office of planning and sustainable development, the commission shall then proceed to identify and designate important agricultural lands, subject to section 205‑45.  The decision shall consider the county maps of eligible important agricultural lands; declaratory orders issued by the commission designating important agricultural lands during the three year period following the enactment of legislation establishing incentives and protections contemplated under section 205-46, as provided in section 9 of Act 183, Session Laws of Hawaii 2005; landowner position statements and representations; and any other relevant information.

     In designating important agricultural lands in the State, pursuant to the recommendations of individual counties, the commission shall consider the extent to which:

     (1)  The proposed lands meet the standards and criteria under section 205-44;

     (2)  The proposed designation is necessary to meet the objectives and policies for important agricultural lands in sections 205-42 and 205-43; and

     (3)  The commission has designated lands as important agricultural lands, pursuant to section 205-45; provided that if the majority of landowners' landholdings is already designated as important agricultural lands, excluding lands held in the conservation district, pursuant to section 205-45 or any other provision of this part, the commission shall not designate any additional lands of that landowner as important agricultural lands except by a petition pursuant to section 205-45.

     Any decision regarding the designation of lands as important agricultural lands and the adoption of maps of those lands pursuant to this section shall be based upon written findings of fact and conclusions of law, presented in at least one public hearing conducted in the county where the land is located in accordance with chapter 91, that the subject lands meet the standards and criteria set forth in section 205-44 and shall be approved by two-thirds of the membership to which the commission is entitled.

     (b)  Copies of the maps of important agricultural lands adopted under this section shall be transmitted to each county planning department and county council, the department of agriculture, the agribusiness development corporation, the office of planning and sustainable development, and other state agencies involved in land use matters.  The maps of important agricultural lands shall guide all decision-making on the proposed reclassification or rezoning of important agricultural lands, state agricultural development programs, and other state and county land use planning and decision-making.

     (c)  The land use commission shall have the sole authority to interpret the adopted map boundaries delineating the important agricultural lands.

     (d)  The land use commission may designate lands as important agricultural lands and adopt maps for a designation pursuant to:

     (1)  A farmer or landowner petition for declaratory ruling under section 205‑45 at any time; or

     (2)  The county process for identifying and recommending lands for important agricultural lands under section 205-47 no sooner than three years,

after the enactment of legislation establishing incentives and protections contemplated under section 205-46, as provided in section 9 of Act 183, Session Laws of Hawaii 2005.

     (e)  Subject to the process and criteria established in subsection (a), the land use commission may designate any county or state lands as important agricultural lands, and adopt maps for the designated lands, in any county that fails to identify and recommend important agricultural lands by December 31, 2027."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Important Agricultural Lands; LUC; County Lands; State Lands

Description:

Authorizes the Land Use Commission to designate county or state lands as important agricultural lands, and adopt maps for the designated lands, in counties that fail to identify and recommend important agricultural lands by 12/31/2027.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

RELATING TO IMPORTANT AGRICULTURAL LANDS.

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

     SECTION 1.  Section 205-49, Hawaii Revised Statutes, is amended to read as follows:

     "§205-49  Designation of important agricultural lands; adoption of important agricultural lands maps.  (a)  After receipt of the maps of eligible important agricultural lands from the counties and the recommendations of the department of agriculture and the office of planning and sustainable development, the commission shall then proceed to identify and designate important agricultural lands, subject to section 205‑45.  The decision shall consider the county maps of eligible important agricultural lands; declaratory orders issued by the commission designating important agricultural lands during the three year period following the enactment of legislation establishing incentives and protections contemplated under section 205-46, as provided in section 9 of Act 183, Session Laws of Hawaii 2005; landowner position statements and representations; and any other relevant information.

     In designating important agricultural lands in the State, pursuant to the recommendations of individual counties, the commission shall consider the extent to which:

     (1)  The proposed lands meet the standards and criteria under section 205-44;

     (2)  The proposed designation is necessary to meet the objectives and policies for important agricultural lands in sections 205-42 and 205-43; and

     (3)  The commission has designated lands as important agricultural lands, pursuant to section 205-45; provided that if the majority of landowners' landholdings is already designated as important agricultural lands, excluding lands held in the conservation district, pursuant to section 205-45 or any other provision of this part, the commission shall not designate any additional lands of that landowner as important agricultural lands except by a petition pursuant to section 205-45.

     Any decision regarding the designation of lands as important agricultural lands and the adoption of maps of those lands pursuant to this section shall be based upon written findings of fact and conclusions of law, presented in at least one public hearing conducted in the county where the land is located in accordance with chapter 91, that the subject lands meet the standards and criteria set forth in section 205-44 and shall be approved by two-thirds of the membership to which the commission is entitled.

     (b)  Copies of the maps of important agricultural lands adopted under this section shall be transmitted to each county planning department and county council, the department of agriculture, the agribusiness development corporation, the office of planning and sustainable development, and other state agencies involved in land use matters.  The maps of important agricultural lands shall guide all decision-making on the proposed reclassification or rezoning of important agricultural lands, state agricultural development programs, and other state and county land use planning and decision-making.

     (c)  The land use commission shall have the sole authority to interpret the adopted map boundaries delineating the important agricultural lands.

     (d)  The land use commission may designate lands as important agricultural lands and adopt maps for a designation pursuant to:

     (1)  A farmer or landowner petition for declaratory ruling under section 205‑45 at any time; or

     (2)  The county process for identifying and recommending lands for important agricultural lands under section 205-47 no sooner than three years,

after the enactment of legislation establishing incentives and protections contemplated under section 205-46, as provided in section 9 of Act 183, Session Laws of Hawaii 2005.

     (e)  The land use commission may designate lands as important agricultural lands and adopt maps for a designation in any county that fails to identify and recommend important agricultural lands by December 31, 2027, subject to the process and criteria established in subsection (a)."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Important Agricultural Lands; LUC

Description:

Authorizes the Land Use Commission to designate important agricultural lands and adopt maps for the designated lands in counties that fail to identify and recommend important agricultural lands by December 31, 2027.

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

STAND. COM. REP. NO.  2027

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1099

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1099, H.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 authorize the Land Use Commission to designate any county or state lands as Important Agricultural Lands, and adopt maps for the designated lands, in counties that fail to identify and recommend important agricultural lands by December 31, 2027.

     Your Committee received comments on this measure from the Department of Agriculture; Land Use Commission; and  Hawaiʻi Farm Bureau.

     Your Committee finds that the designation of Important Agricultural Lands helps ensure the conservation, protection, and long-term agricultural viability of certain lands.  Your Committee further finds that this designation process relies on the counties' identification and recommendation of lands.  This measure ensures that the Land Use Commission can designate county and state lands as Important Agricultural Lands if the counties fail to identify and recommend such lands.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1099, H.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1409

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1099

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Agriculture & Food Systems, to which was referred S.B. No. 1099, H.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 authorize the Land Use Commission to designate county or state lands as Important Agricultural Lands and adopt maps for the designated lands in counties that fail to identify and recommend Important Agricultural Lands by December 31, 2027.

     Your Committee received comments on this measure from the Department of Agriculture; Land Use Commission; and Hawai‘i Farm Bureau.

     Your Committee finds that the designation of Important Agricultural Lands is essential for preserving agricultural viability and ensuring long-term food security in the State.  While counties are responsible for identifying county lands and recommending those lands for designation as Important Agricultural Lands, delays in this process threaten the protection of prime agricultural lands from urbanization and other non-agricultural uses.  This measure addresses this issue by authorizing the Land Use Commission to designate county or state lands as Important Agricultural Lands if a county fails to fulfill its obligations by December 31, 2027, ensuring that vital lands remain available for farming and food production.

     As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1099, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,

STAND. COM. REP. NO.  1264

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1099

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred S.B. No. 1099 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to authorize the Land Use Commission to designate lands as Important Agricultural Lands if a county fails to identify and recommend Important Agricultural Lands by December 31, 2027.

     Your Committee received testimony in support of this measure from the Land Use Commission and one individual.  Your Committee received comments on this measure from the Department of Agriculture and Hawai‘i Farm Bureau.

     Your Committee finds that there is a need to support and maintain a strategic agricultural land resource base that can support diverse agricultural activities and opportunities in the State.  One means of supporting agriculture in the State is through the designation of Important Agricultural Lands.  To facilitate and expedite the designation of Important Agricultural Lands, this measure creates a deadline by which counties may identify and recommend certain lands for designation as Important Agricultural Lands and, in any county that fails to do so, allows the Land Use Commission to designate certain lands as Important Agricultural Lands and adopt maps for those designated lands.

     Your Committee has amended this measure by:

     (1)  Clarifying that the Land Use Commission may designate county or state lands as Important Agricultural Lands in counties that fail to identify and recommend Important Agricultural Lands by December 31, 2027;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1099, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1099, H.D. 1, and be referred to your Committee on Agriculture & Food Systems.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

STAND. COM. REP. NO. 956

Honolulu, Hawaii

RE:    S.B. No. 1099

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1099 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Land Use Commission to designate important agricultural lands and adopt maps for the designated lands in counties that fail to identify and recommend important agricultural lands by December 31, 2027.

     Your Committee received testimony in support of this measure from the Land Use Commission and one individual.

     Your Committee received comments on this measure from the Department of Agriculture and Hawaiʻi Farm Bureau.

     Your Committee finds that agricultural lands are critical to the State's agriculture industry and the growth of local economies.  However, inadvertent omissions or failure to designate important agricultural lands could jeopardize existing ventures and practices.  Therefore, this measure ensures the protection of important agricultural lands to continue support of local agricultural practices.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1099 and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 367

Honolulu, Hawaii

RE:    S.B. No. 1099

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Water and Land, to which was referred S.B. No. 1099 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Land Use Commission to designate important agricultural lands and adopt maps for the designated lands in counties that fail to identify and recommend important agricultural lands by December 31, 2027.

     Your Committee received testimony in support of this measure from one individual.

     Your Committee received comments on this measure from the Department of Agriculture, Land Use Commission, and Hawaiʻi Farm Bureau.

     Your Committee finds it is essential to protect and promote agricultural viability in the State.  Your Committee further finds that each county is responsible for the identification of potential important agricultural lands within its jurisdiction.  Your Committee also finds that the counties should prioritize the identification of important agricultural lands to support agriculture in the State.  Accordingly, this measure establishes a deadline for the counties to identify and submit to the Land Use Commission their respective maps of potential important agricultural lands and authorizes the Land Use Commission to directly designate land and adopts maps for counties that fail to meet the deadline.

     As affirmed by the record of votes of the members of your Committee on Water and Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1099 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water and Land,