reglab/housing_qa huggingface dataset:
HI Rev Stat § 166E-11 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|166E. Non-Agricultural Park Lands|166E-11 Lease negotiation.

 §166E-11 Lease negotiation. (a) The department may negotiate and enter into leases with any person who:  (1) Holds a revocable permit for agricultural purposes;  (2) Has formerly held an agricultural lease or a holdover lease of public land that expired within the last ten years and has continued to occupy the land; or  (3) Is determined by the department to have a beneficial impact on agriculture.  (b) Lands eligible for lease negotiations under this section are limited to lands that are:   (1) Zoned and used for agricultural purposes;   (2) Set aside for agricultural uses only, by the governor through an executive order to the department; and   (3) Not needed by any state or county agency for any other public purpose.   (c) In negotiating and executing a lease as authorized, the board shall:  (1) Require the appraisal of the parcel using standards of national appraiser organizations to determine the rental, including percentage rent;   (2) Require the payment of a premium, computed at twenty-five per cent of the annual lease rent, with the premium to be added to the annual lease rent for each year of the lease equal to the number of years the lessee has occupied the land, except that the premium period shall not exceed four years; and   (3) Recover from the lessee the costs of expenditures required by the department to convert the parcel into leasehold.   The department shall notify in writing those eligible for lease negotiations under this section and shall inform the applicants of the terms, conditions, and restrictions provided by this section. Any eligible person may apply for a lease by submitting a written application to the department within thirty days from the date of receipt of notification; provided that the department may require documentary proof from any applicant to determine that the applicant meets eligibility and qualification requirements for a lease. [L 2006, c 157, pt of §1]
HI Rev Stat § 166E-12 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|166E. Non-Agricultural Park Lands|166E-12 Policy.

 §166E-12 Policy. Notwithstanding chapter 171, disposition of lands set aside for use pursuant to this chapter shall not be subject to the prior approval of the board of land and natural resources. [L 2006, c 157, pt of §1]
HI Rev Stat § 167-1 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-1 Findings and declaration of necessity.

  §167-1 Findings and declaration of necessity. It is important to the welfare of the people of Hawaii that agricultural production be developed as fully as possible. It is further found that water presently tapped for irrigation is inadequate for the fullest development of the economy of the State. It is therefore hereby declared that additional water and water facilities are necessary for the development of agriculture in the State.  It is the intent of the legislature that no project under this chapter shall be organized in the city and county of Honolulu or other counties without the board of agriculture first consulting the board of water supply of the city and county of Honolulu or the water board or department of each county. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-2 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-2 Definitions.

  §167-2 Definitions. The following terms, whenever used and referred to in this chapter, have the following respective meanings, unless a different meaning clearly appears in the context:  "Acreage assessments" means any levy imposed pursuant to this chapter on the agricultural and pasture land within an irrigation project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining irrigation facilities for an irrigation project.  "Agricultural land" means that portion of the land of a land occupier lying within an existing or proposed irrigation project and of such location and character as may be profitably employed in the growing of irrigated crops; and "pasture land" means that portion of the land of a land occupier lying within an existing or proposed irrigation project and of such location and character as may be suitable with the use of water for irrigated pasture and may be profitably employed in the production of livestock or poultry.  "Board" means the board of agriculture.  "Farming" means agricultural pursuits, including the care and production of livestock and poultry, engaged in by a land occupier owning or leasing land, within any existing or proposed irrigation project.  "Government" includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them.  "Land occupier" means the owner or in the case of leased land, the lessee of lands lying within an irrigation project organized or to be organized under this chapter.  "Leased land", "leasehold", and similar expressions wherever used in this chapter shall be deemed to include land subject to and held under lease or other tenancy, purchase or homestead agreement; "lease" wherever used in this chapter means such lease, tenancy, purchase, or homestead agreement; "lessor" wherever used in this chapter includes the lessor, landlord, seller, or State as grantor of the homestead; and "lessee" wherever used in this chapter includes the lessee, tenant, purchaser, or homesteader under such lease or other agreement, as the case may be.  "Project" or "irrigation project" means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands for farming or to land occupiers engaged in farming.  "Water facility" includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for irrigation under this chapter.  "Water tolls" means any charges established by the board for irrigation water supplied by it to the State, the Hawaiian homes commission, and land occupiers. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-3 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-3 Engineering program administrator.

  §167-3 Engineering program administrator. The board of agriculture shall appoint a registered professional engineer who shall act as engineering program administrator of the irrigation water development program and have such qualifications as the board may deem necessary. The appointment and removal of the engineering program administrator shall be in accordance with chapter 76 and the engineering program administrator shall perform the duties as set forth by the board. [L 1987, c 306, pt of §1; am L 2000, c 253, §150; am L 2013, c 107, §2]
HI Rev Stat § 167-4 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-4 Interested members of the board or employees.

  §167-4 Interested members of the board or employees. No member of the board of agriculture or employees of the board shall acquire any interest, direct or indirect, in any water facility or project or in any property, included or planned to be included in any facility or project, nor shall any member of the board or employee of the board have any interest, direct or indirect, in any contract or proposed contract, for materials or services to be furnished or used in connection with any water facility or project. If any member of the board or employee of the board owns or controls an interest, direct or indirect, in any property included or planned to be included in any water facility or project, the member of the board or employee of the board shall immediately disclose the same in writing to the board and the disclosure shall be entered upon the minutes of the board. The member of the board or employee shall be immediately disqualified from taking any part of the action of the board relative to the water facility or project. Failure to so disclose the interest shall constitute misconduct in office. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-7 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-7 Issuance of revenue bonds.

  §167-7 Issuance of revenue bonds. (a) The board of agriculture shall have the power to issue revenue bonds in the name of the department in amounts as may be authorized by the legislature. All revenue bonds shall be issued pursuant to part III of chapter 39, except as provided in this chapter, to finance in whole or in part, the cost of construction, acquisition, or maintenance of any water facility or irrigation project hereunder, and, in connection therewith, to pledge or assign for the punctual payment of the revenue bonds, and interest thereon, any and all revenues derived from any project or projects undertaken by the board, in an amount sufficient to pay the principal and interest of the revenue bonds as they become due, and to create and maintain reasonable reserves or sinking funds therefor. Funds of the board, not otherwise required, may be advanced to pay necessary expenses incurred in making preparation for the issuance of revenue bonds under this chapter, and to take any other action necessary or proper in connection therewith.  (b) All revenue bonds issued pursuant to this chapter shall be issued in the name of the department and not in the name of the State.  (c) The board, with the approval of the governor, may designate by resolution all or any portion of an irrigation project or projects undertaken pursuant to this chapter; provided that for the purposes of this section, "undertaking" shall have the same meaning as used in part III of chapter 39. [L 1987, c 306, pt of §1; am L 1995, c 139, §2]
HI Rev Stat § 167-8 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-8 Investment of funds.

  §167-8 Investment of funds. The director of finance may authorize the investment of any funds held in reserves, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-9 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-9 Security for funds deposited by board.

  §167-9 Security for funds deposited by board. The board of agriculture may by resolution provide that all moneys deposited by it shall be secured:  (1) By any securities by which funds deposited by the director of finance of the State may be legally secured, as provided in section 38-3; or  (2) By an undertaking with such sureties as shall be approved by the board faithfully to keep and pay over upon the order of the board any such deposits and agreed interest thereon, and all banks and trust companies are authorized to give any such security for the deposits. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-10 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-10 Eligibility of revenue bonds for investment.

  §167-10 Eligibility of revenue bonds for investment. It shall be legal for the State and any of its political subdivisions, or any political or public corporation, including the employees' retirement system of the State, or any instrumentality of the State, or any insurance company, building and loan association, savings bank, trust company, or any bank or other financial institution operating under the laws of the State, or for any personal representative, guardian, trustee, or other fiduciary, or any educational, charitable, or eleemosynary institution to invest their funds or moneys in their custody in the revenue bonds issued hereunder; provided that the foregoing shall not be deemed to obviate or otherwise affect any statutory or other requirement with respect to the use of judgment and care in investing any such funds. No holder of any revenue bonds issued hereunder, however, shall have the right to compel any exercise of the taxing power of the State to pay the bonds or interest thereon. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-11 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-11 Rate policy; sale of excess water.

  §167-11 Rate policy; sale of excess water. The board of agriculture shall have the power to fix and adjust rates and charges for the furnishing of irrigation or domestic water and for water service so that the revenues derived therefrom shall be sufficient to cover the cost of operation, maintenance, replacement, and debt service on revenue bonds in compliance with part III of chapter 39, and may make charges as may be necessary to cover the capital cost of the system or other costs incurred in connection with the system.  Nothing in this chapter shall be construed to prevent the board from selling water to persons other than land occupiers and other consumers within a water project in the event and to the extent that water in excess of the needs of the land occupiers and other consumers may from time to time be available. [L 1987, c 306, pt of §1; am L 1995, c 139, §3]
HI Rev Stat § 167-12 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-12 Lands included within irrigation projects.

  §167-12 Lands included within irrigation projects. Except as otherwise expressly permitted in the chapter, lands to be included within an irrigation project shall be only those used or to be used in farming. The number of acres of agricultural and pasture land of each land occupier within the project shall be determined by the board of agriculture and shall not be increased or decreased, nor shall any such land included within a project thereafter be withdrawn, after final determination to construct the project, except in the manner and with the limitations specified in this chapter by redefining the boundaries of a project. The project shall include only such lands as can be adequately irrigated by the quantity of water and facilities to be provided under normal conditions of supply. No land which at the time of formation of the project is irrigated, or is devoted to the cultivation for commercial purposes of sugar, pineapples, coffee, bananas, citrus, papayas, or macadamia nuts, or other horticultural crops, whether or not the land so devoted is irrigated, or is being devoted to an industrial or townsite or other use of greater economic value than agriculture shall be included in the project if the owner of the land (or the land occupier thereof if other than the owner, in the event that the land occupier is legally chargeable with the acreage assessments) shall object in writing to the inclusion. The foregoing provisions of this paragraph shall be applicable to all irrigation projects.  Notwithstanding the limitation expressed in the foregoing paragraph, lands of the State used by the University of Hawaii for experimental farms may be included in irrigation projects, provided the board of regents undertakes the payment of water tolls and acreage assessments and for the purposes of the inclusion the University of Hawaii shall be deemed a land occupier within the meaning of this chapter. Lands within the farms shall be assessed accordingly as the same are of the character of agricultural or pasture lands, as defined in this chapter, although they are used for experimental purposes. The assessments shall not, however, become a lien upon the lands. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-13 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-13 Petition of land occupiers for formation of water project.

  §167-13 Petition of land occupiers for formation of water project.  Land occupiers, including the Hawaiian homes commission, comprising at least sixty per cent of the acreage of lands lying within an area proposed to be organized into a water project may file a petition with the board of agriculture requesting that the project be organized. Where any of the lands of the petitioners in the proposed area are leased lands, it shall be necessary for the lessor and lessee to join in the petition. The petition shall contain a general description and the acreage of the area proposed to be organized into a water project and shall state the acreage owned or leased by each of the petitioners within that area. Before the board shall commence any water project involving homesteaded lands of the Hawaiian homes commission, it shall require the commission to assure the payment of any acreage assessment thereon, in pursuance of section 208(5) of the Hawaiian Homes Commission Act, 1920. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-14 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-14 Petition of Hawaiian homes commission for formation of irrigation project, community pastures.

  §167-14 Petition of Hawaiian homes commission for formation of irrigation project, community pastures. The Hawaiian homes commission may petition the board of agriculture to organize irrigation projects for any of the lands designated as "available lands" in the Hawaiian Homes Commission Act, 1920, whether or not the lands are occupied in whole or in part. If the lands for which the proposed project is to be organized are not occupied or are occupied by persons whose rights to occupancy will expire before the project water will be supplied to the lands, no notice need be published nor public hearing held as in section 167-16 required. Project water may be supplied to community pastures established by the Hawaiian homes commission within any project even though the pastures exceed one hundred acres in area. Before the board commences any irrigation project involving community pastures it shall require agreement from the Hawaiian homes commission that tolls for water supplied to and acreage assessments upon the pastures shall be paid by the commission. Before the board commences any irrigation project involving available lands which the Hawaiian homes commission desires to develop and open for small scale farming it shall require agreement from the Hawaiian homes commission that in the event the development and opening of the lands does not enable the making of acreage assessments sufficient to repay the costs of construction of the project that the same will be paid by the commission. The payments referred to in this section may be made by the Hawaiian homes commission from any of its funds designated or created by Congress for that purpose. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-15 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-15 State lands, formation of irrigation project.

  §167-15 State lands, formation of irrigation project. The board of agriculture may organize irrigation projects for lands under its control, whether or not the lands are occupied in whole or in part. If the lands for which the proposed project is to be organized are not occupied or are occupied by persons whose rights to occupancy will expire before the project water will be supplied to the lands, no notice need be published nor public hearing held as in section 167-16 required. The costs of construction of the project, shall be paid by the board, in the event and to the extent that the development and opening of the lands does not enable the making of acreage assessments sufficient to repay construction costs, from any funds in the state treasury derived from the lease or license of public lands or waters, which funds are hereby made available for such purposes. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-16 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-16 Consideration of petitions; notice and hearing.

  §167-16 Consideration of petitions; notice and hearing. When more than one petition is filed covering portions of the same territory, the board of agriculture may consolidate the petitions. Having received the petitions, on the basis of such evidence as may be submitted to it by the petitioners and on the findings of investigations or surveys made by or for it, or by other governmental agencies, the board shall establish such irrigation projects as it deems necessary to carry out the purposes of this chapter. Before making a final determination to establish a project or projects, the board shall hold a hearing, notice of which shall be duly advertised in the same manner and form, as nearly as may be, as provided in section 167-17. [L 1987, c 306, pt of §1]
HI Rev Stat § 167-17 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-17 Formation of irrigation project on initiative of board; notice and hearing; protests.

  §167-17 Formation of irrigation project on initiative of board; notice and hearing; protests. The board of agriculture may organize irrigation projects upon its own initiative. In this event, it shall fix a date for public hearing upon the proposed project, which date shall not be less than sixty days after the first public notice thereof in the county in which the project is proposed. The notice shall be given once in each of four successive weeks, describing or identifying the area to be included in and general details of the proposed project, stating the time and place of the public hearing. If the owners of fifty-five per cent of the acreage of agricultural and pasture lands proposed to be organized into an irrigation project at the hearing or prior thereto file written protest against the proposed project, the project shall not be made and proceedings shall not be renewed within twelve months from the date of closing the public hearing, unless each and every owner protesting withdraws each and every owner's protest; provided that any lessee of any agricultural or pasture lands included within the proposed project, who, by the express terms of the lessee's lease must pay the assessment contemplated hereunder shall be subrogated to all the rights of the owner to protest by filing at the hearing or prior thereto written protest against the proposed project, the written protest to be accompanied by a certified copy of the lease; provided further that any lessor, at any time before the closing of the public hearing, may make void the protest of the lessor's lessee on consideration of the filing with the board a duly acknowledged waiver of the provision in the lease which requires the lessee to pay the assessment, and a written undertaking of the lessor to pay the assessment to be made on account of the proposed project; and further provided that a project may be instituted without further public notice for a smaller acreage within the acreage described in the public notice in the event the board determines the smaller project to be economically feasible, if written protests by the owners, or lessees subrogated to the right to protest, of fifty-five per cent of the smaller acreage shall not be filed. [L 1987, c 306, pt of §1; am L 1998, c 2, §33]
HI Rev Stat § 167-18 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|167. Irrigation Water Development|167-18 Approval of legislature, appropriations.

  §167-18 Approval of legislature, appropriations. Funds for acquisition or construction of irrigation facilities for each project, established by the board of agriculture under sections 167-13, 167-14, 167-15, and 167-17, may be requested from the legislature, as an appropriation to be repaid without interest to the general funds of the State by the board from water tolls, acreage assessments, and other receipts of the board within such period as may be specified in the act making the appropriation. [L 1987, c 306, pt of §1]