| 47 | | - | SECTION 1. The legislature finds that the land study bureau classifications and ratings for agricultural lands were completed decades ago and were based on large-scale agriculture operations, primarily for sugarcane and pineapple. The land study bureau was subsequently disbanded, and there is now no means for landowners to appeal or to have land study bureau classifications and ratings reviewed and amended based on current conditions. The legislature further finds that agricultural practices and activities and the availability of water to various agricultural lands have changed since the land study bureau classifications and ratings were completed. The legislature thus finds that there is a need to allow for the review of land study bureau classifications and ratings until a new, comprehensive agricultural classification and rating study can be undertaken. The purpose of this Act is to create a temporary subcommittee of the land use commission to review land study bureau classifications and ratings of lands located in agricultural districts. SECTION 2. As used in this Act, unless the context clearly requires otherwise: "Subcommittee" means the land study bureau classifications and ratings review committee established by this Act. SECTION 3. (a) There is created a subcommittee within the land use commission, to be known as the land study bureau classifications and ratings review subcommittee, to be composed of three members of the land use commission designated by the commission. The subcommittee shall make determinations and render decisions on petitions made under this Act. (b) Members of the land use commission who are designated to serve on the subcommittee shall serve for a period of two years and meet as needed to make decisions on petitions made under this Act without need for review or participation by the full commission. Commissioners on the subcommittee may elect a chairperson to preside over the proceedings. Notwithstanding section 92-6(b), the subcommittee members' work shall be a quasi-judicial function exempt from part I of chapter 92, Hawaii Revised Statutes, by section 92-6(a), Hawaii Revised Statutes; provided that any decisions are: (1) Included in the meeting notice of the subcommittee; and (2) Subject to further review and comment by the subcommittee and members of the public who are present at a duly noticed meeting of the subcommittee. The exemption from part I of chapter 92, Hawaii Revised Statutes, shall cease on December 31, . (c) Any department or agency of the State, any department or agency of the county in which the land is situated, and any person with a property interest in the land may petition the land use commission to change or review all or a portion of the land study bureau classification and rating of its agricultural lands, including land study bureau classifications and ratings of lands within state agricultural districts and lands designated or sought to be designated as important agricultural lands pursuant to part III of chapter 205, Hawaii Revised Statutes. (d) Upon proper filing of a petition pursuant to this Act and rules adopted pursuant to this Act, the subcommittee shall, in no less than sixty days and no more than one hundred eight days, conduct a hearing on the appropriate island in accordance with sections 91-9, 91-10, 91-11, 91-12, and 91-13, Hawaii Revised Statutes, as applicable. (e) Notwithstanding any other law to the contrary, a notice of the hearing together with a copy of the petition shall be served on the department of agriculture, the county planning department in the county in which the land is located, and all persons with a property interest in the land as recorded in the county's real property tax records. (f) Notwithstanding any other law to the contrary, prior to the hearing on a petition, the subcommittee and its staff may view and inspect any land which is the subject of the petition. (g) The petitioner, department of agriculture, and county planning department shall in every case appear as parties and make recommendations relative to the proposed change or changes. All parties may enter into appropriate stipulations as to findings of fact, conclusions of law, and conditions concerning the proposed change in the land study bureau classification or rating. (h) The subcommittee shall allow public testimony concerning the proposed land study bureau classification and rating changes. (i) Unless otherwise ordered by a court or unless a time extension is approved by the subcommittee pursuant to subsection (j), within one hundred eighty days after the proper filing of a petition, the land use commission shall, by filing findings of fact and conclusions of law and by an affirmative vote of at least two of its members, act to approve the petition, deny the petition, or approve the petition with modifications by granting the petition for a portion of the lands set forth in the petition. (j) The subcommittee may authorize, by an affirmative vote of at least two of its members, a time extension of up to ninety days for the land use commission to issue a decision on a petition under this Act. (k) The land use commission, in conjunction with the department of agriculture, shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, governing the review of land study bureau classifications and ratings. The rules shall include the standards and criteria for changing the land study bureau classifications and ratings and shall, without limitation, establish: (1) The information to be set forth in any petition for the review of and change to land study bureau classifications and ratings; (2) The minimum qualifications for witnesses or authors of any studies submitted by the petitioner; and (3) Reasonable filing fees to accompany petitions. SECTION 4. This Act shall take effect on July 1, 2050, and shall be repealed on December 31, . |
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| 47 | + | SECTION 1. The legislature finds that the land study bureau classifications and ratings for agricultural lands were completed decades ago and were based on large scale agriculture operations, primarily for sugarcane and pineapple. The land study bureau was subsequently disbanded, and there is now no means for landowners to appeal or to have land study bureau classifications and ratings reviewed and amended based on current conditions. The legislature further finds that agricultural practices and activities and the availability of water to various agricultural lands have changed since the land study bureau classifications and ratings were completed. The legislature thus finds that there is a need to allow for the review of land study bureau classifications and ratings until a new, comprehensive agricultural classification and rating study can be undertaken. The purpose of this Act is to create a temporary subcommittee of the land use commission to review land study bureau classifications and ratings of lands located in agricultural districts. SECTION 2. As used in this Act, unless the context clearly requires otherwise: "Subcommittee" means the land study bureau classifications and ratings review committee established by this Act. SECTION 3. (a) There is created a subcommittee within the land use commission, to be known as the land study bureau classifications and ratings review subcommittee, to be composed of three members of the land use commission designated by the commission. The subcommittee shall make determinations and render decisions on petitions made under this Act. (b) Members of the land use commission who are designated to serve on the subcommittee shall serve for a period of two years and meet as needed to make decisions on petitions made under this Act without need for review or participation by the full commission. Commissioners on the subcommittee may elect a chairperson to preside over the proceedings. Subcommittee members may meet, work together, investigate matters, and make decisions without regard to section 92-2.5, Hawaii Revised Statutes; provided that any decisions are: (1) Included in the meeting notice of the subcommittee; and (2) Subject to further review and comment by the subcommittee and members of the public who are present at a duly noticed meeting of the subcommittee. The exemption from section 92-12 2.5, Hawaii Revised Statutes, shall cease on December 31, . (c) Any department or agency of the State, any department or agency of the county in which the land is situated, and any person with a property interest in the land may petition the land use commission to change or review all or a portion of the land study bureau classification and rating of its agricultural lands, including land study bureau classifications and ratings of lands within state agricultural districts and lands designated or sought to be designated as important agricultural lands pursuant to part III of chapter 205, Hawaii Revised Statutes. (d) Upon proper filing of a petition pursuant to this Act and rules adopted pursuant to this Act, the subcommittee shall, in no less than sixty days and no more than one hundred eight days, conduct a hearing on the appropriate island in accordance with sections 91-9, 91-10, 91-11, 91-12, and 91-13, Hawaii Revised Statutes, as applicable. (e) Notwithstanding any other law to the contrary, a notice of the hearing together with a copy of the petition shall be served on the department of agriculture, the county planning department in the county in which the land is located, and all persons with a property interest in the land as recorded in the county's real property tax records. (f) Notwithstanding any other law to the contrary, prior to the hearing on a petition, the subcommittee and its staff may view and inspect any land which is the subject of the petition. (g) The petitioner, department of agriculture, and county planning department shall in every case appear as parties and make recommendations relative to the proposed change or changes. All parties may enter into appropriate stipulations as to findings of fact, conclusions of law, and conditions concerning the proposed change in the land study bureau classification or rating. (h) The subcommittee shall allow public testimony concerning the proposed land study bureau classification and rating changes. (i) Unless otherwise ordered by a court or unless a time extension is approved by the subcommittee pursuant to subsection (j), within one hundred eighty days after the proper filing of a petition, the land use commission shall, by filing findings of fact and conclusions of law and by an affirmative vote of at least two of its members, act to approve the petition, deny the petition, or approve the petition with modifications by granting the petition for a portion of the lands set forth in the petition. (j) The subcommittee may authorize, by an affirmative vote of at least two of its members, a time extension of up to ninety days for the land use commission to issue a decision on a petition under this Act. (k) The land use commission, in conjunction with the department of agriculture, shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, governing the review of land study bureau classifications and ratings. The rules shall include the standards and criteria for changing the land study bureau classifications and ratings and shall, without limitation, establish: (1) The information to be set forth in any petition for the review of and change to land study bureau classifications and ratings; (2) The minimum qualifications for witnesses or authors of any studies submitted by the petitioner; and (3) Reasonable filing fees to accompany petitions. SECTION 4. This Act shall take effect on July 1, 2022, and shall be repealed on December 31, . INTRODUCED BY: _____________________________ |
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