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THE SENATE |
S.B. NO. |
2495 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 167-19, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Upon the board's certification, the chairperson or the chairperson's designee shall determine the acreage assessment to be levied against the property of each land occupier in the following manner:
(1) By determining the amount of acreage assessments to be borne by the agricultural land and the pasture land within the project according to the proportion previously certified by the board;
(2) By dividing the amount of acreage assessment
to be borne by the agricultural land by the number of cultivatable acres,
excluding streams, dry gulches, and uncultivatable or unusable lands, within
the project and multiplying the quotient by the number of cultivatable acres of
agricultural land, except the board may by rules adopted pursuant to chapter 91
set a minimum acreage assessment for uncultivatable or unusable lands, of the
occupier within the project; and
(3) By dividing the amount of acreage assessment
to be borne by the pasture land by the number of acres of pasture land within
the project and multiplying the quotient by the number of acres of pasture land
of the land occupier within the project.
The acreage assessments shall be in addition to any real property taxes, and shall be collected by the board together with the monthly water tolls. Except in the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, as amended, acreage assessments shall be a paramount lien against the entire tract, including improvements, of the land occupier of which the assessed agricultural or pasture land, or both, of the land occupier included within the project forms a part. Acreage assessments levied pursuant to this chapter shall be a lien against each lot or parcel of land assessed from the date of board certification declaring the assessment, and these liens shall have priority over all other liens except real property tax liens and prior recorded state tax liens on real property. The lien may be foreclosed in the same manner as liens for taxes in accordance with sections 231-61 to 231-70. In case of the foreclosure of any homestead land pursuant to sections 231-61 to 231-70, the foreclosure sale shall be subject to chapter 171. In the case of public lands and lands designated as "available lands" under the Hawaiian Homes Commission Act, 1920, as amended, acreage assessments shall not constitute a lien on the property involved and notice of any delinquent acreage assessment shall be served upon either the board of land and natural resources or the Hawaiian homes commission, as applicable, for payment. Upon the board's certification, the chairperson or the chairperson's designee also shall annually notify all irrigation users by mail and conduct in-person visits on procedures to remove unused irrigation system water meters and stop acreage assessments."
SECTION 2. By , the board of agriculture shall amend its administrative rules to:
(1) Prevent erroneous water toll charges and acreage assessments, establish a process, that does not place the burden upon land occupiers, to identify and maintain an active record of land occupiers within the boundaries of an irrigation district that:
(A) Have not applied for water service or water service connections as prospective consumers pursuant to section 4-157-6, Hawaii Administrative Rules; and
(B) Have not drawn water without authorization pursuant to section 4-157-18, Hawaii Administrative Rules;
(2) Immediately discontinue service to a land occupier for non-use if there are no water toll charges for a period of more than two years;
(3) Ensure that the department of agriculture maintains records of all weir, water meter, and water flow measuring instrument readings taken by the department pursuant to chapter 4-157, Hawaii Administrative Rules, and makes individualized reading records available to land occupiers upon request;
(4) Require written notice to land occupiers whenever a weir, water meter, or water flow measuring instrument is removed by the department for any reason and to cease any associated water toll charges and acreage assessments;
(5) Establish a formal process for land occupiers within the boundaries of the irrigation district, that have not applied for water service or water service connections as prospective consumers and have not drawn water without authorization, to contest erroneous water toll charges and acreage assessments, and any accumulated interest accrued therefrom, and credit or waive any incorrect amounts; and
(6) Establish a formal process for land occupiers with outstanding water toll charges and acreage assessments, including any accumulated interest accrued therefrom, to enter into a reasonable payment plan with the department.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
BOA; DOA; Acreage Assessments; Administrative Rules; Water Tolls; Meter Reading Records
Description:
Requires the Chairperson of the Board
of Agriculture or their designee to annually notify all irrigation users by
mail and conduct in-person visits on procedures to remove unused irrigation
system water meters and stop acreage assessments. By an unspecified date, requires the Board of
Agriculture to amend its administrative rules to require the Department of Agriculture
to: maintain an active record of land
occupiers within the boundaries of an irrigation district that have not applied
for water service or water service connections as prospective consumers and have
not drawn water without authorization; immediately discontinue service to a
land occupier for non-use if there are no water toll charges for a period of
more than two years; maintain records of all weir, water meter, and water flow
measuring instrument readings taken; make individualized reading records
available to land occupiers upon request; provide written notice to land
occupiers whenever a weir, water meter, or water flow measuring instrument is
removed by the Department for any reason and to cease any associated water toll
charges and acreage assessments; establish a formal process for certain land
occupiers to contest erroneous water toll charges and acreage assessments; and
establish a formal process for land occupiers with outstanding water toll
charges and acreage assessments to enter into a reasonable payment plan with
the Department. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.