HOUSE OF REPRESENTATIVES	H.B. NO.	2505
THIRTY-SECOND LEGISLATURE, 2024		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO LAND USE.

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

SECTION 1. The legislature finds that the State is constitutionally required to conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, and assure the availability of agriculturally suitable lands. To fulfill this mandate, the legislature established policies and incentives for the designation of lands as important agricultural lands. Important agricultural lands are those lands that:

(1) Are capable of producing sustained high agricultural yields when treated and managed according to accepted farming methods and technology;

(2) Contribute to the State's economic base and produce agricultural commodities for export or local consumption; or

(3) Are needed to promote the expansion of agricultural activities and income for the future, even if currently not in production.

As of September 4, 2020, 136,489 acres have been designated as important agricultural lands across the State. The predominant agricultural uses on these lands include coffee, taro, biomass production for renewable energy, cattle ranching, and diversified crops. There are many incentives for important agricultural lands, including the authority to develop farm dwellings and employee housing on the lands, a refundable tax credit, a loan guaranty, and expedited processing.

However, the legislature finds that there may be individuals who abuse the important agricultural land designation system for its incentives. Individuals who use their important agricultural lands for unintended purposes are undermining the State's objective to support a diversity of agricultural activities and opportunities that expand agricultural income and job opportunities and increase agricultural self-sufficiency for current and future generations. The legislature believes that those who exploit their important agricultural lands designation for personal or financial gain should be subjected to enhanced penalties.

The purpose of this Act is to:

(1) Increase the fines for violations of land use laws; and

(2) Impose enhanced fines for developers and owners of important agricultural lands who repeatedly use the lands for unintended purposes.

SECTION 2. Section 205-13, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"[[](a)[]] Any person who violates any provision [under section 205-4.5,] of this chapter, or any [regulation] rule established relating thereto, shall be fined [not] no more than $5,000[, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1,000.]; provided that when important agricultural lands are not being used as intended under this chapter, excluding lands that have been granted a special use permit by the land use commission or the appropriate county planning commission, the developers and owners of the important agricultural lands shall be fined:

(1) For a second violation, $20,000; and

(2) For a third or subsequent violation, $30,000.

[[](b)[]] If any person cited for a violation under this chapter fails to remove [such] the violation within six months of [such] the citation and the violation continues to exist, [such] the person shall be subject to a citation for a new and separate violation. [There shall be a fine of not more than $5,000 for any additional violation.]"

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 3000.

Report Title:

Land Use; Important Agricultural Lands; Fines

Description:

Increases the fines for violations of land use laws. Imposes enhanced fines for developers and owners of important agricultural lands who repeatedly use the lands for unintended purposes. Effective 7/1/3000. (SD1)

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