reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-14 Trustee; designation, duties.

§163D-14 Trustee; designation, duties.
(a) The corporation shall designate a trustee for each issue of revenue bonds secured under the same trust indenture.
(b) The trustee shall be authorized by the corporation to hold and administer the project facility revenue bond special fund established pursuant to section [163D-13], to receive and receipt for, hold, and administer the revenues derived by the corporation from the project facility for which the revenue bonds were issued, and to apply these revenues to the payment of the cost:
(1) Of undertaking the project facility;
(2) Of administering and operating the proceedings providing for the issuance of the revenue bonds;
(3) To pay the principal or interest on these bonds;
(4) To the establishment of reserves; and
(5) To other purposes as may be authorized in the proceedings providing for the issuance of the revenue bonds.
(c) Notwithstanding section 39-68 to the contrary, the director of finance may appoint the trustee to serve as fiscal agent for:
(1) The payment of the principal of and interest on the revenue bonds; and
(2) The purchase, registration, transfer, exchange, and redemption of the bonds.
(d) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption of the bonds, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the revenue bonds and coupons that have been paid and the supervision of the destruction thereof in accordance with applicable law.
(e) Nothing in this chapter shall limit or be construed to limit the powers granted to the director of finance in sections 36-3, 39-13, and 39-68(a), to appoint the trustee or others as fiscal agents, paying agents, and registrars for the revenue bonds or to authorize and empower those fiscal agents, paying agents, and registrars to perform the functions referred to in those sections. [L 1994, c 264, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-15 Trust indenture.

§163D-15 Trust indenture.
(a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as may be deemed necessary or convenient by the corporation for the purposes of this chapter.
(b) A trust indenture may allow the corporation to pledge and assign to the trustee loans and other agreements related to the project facility, and the rights of the corporation thereunder, including the right to receive revenues thereunder and to enforce the provision thereof.
(c) A trust indenture shall also contain provisions as to:
(1) The investment of the proceeds of the revenue bonds, the investment of any reserve for the bonds, the investment of the revenues of the project facility, and the use and application of the earnings from investments; and
(2) The terms and conditions upon which the holders of the revenue bonds or any portion of them or any trustee thereof may institute proceedings for the foreclosure of any loan or other agreement or any note or other undertaking, obligation, or property securing the payment of the bonds and the use and application of the moneys derived from the foreclosure.
(d) A trust indenture may also contain provisions deemed necessary or desirable by the corporation to obtain or permit, by grant, interest, subsidy, or otherwise, the participation of the federal government in the financing of the costs of undertaking the project facility. [L 1994, c 264, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-15.5 Waiahole water system revolving fund.

§163D-15.5 Waiahole water system revolving fund.
(a) There is established within the state treasury a revolving fund to be known as the Waiahole water system revolving fund, which shall be administered by the corporation and into which shall be deposited all revenues from assessments, tolls, appropriations made by the legislature to the fund, interest on investments attributable to the Waiahole water system, and other income, receipts, and revenues received by the corporation from the operation of the Waiahole water system. Moneys in the Waiahole water system revolving fund shall be expended by the corporation for the acquisition, planning, design, improvement, construction, equipping, furnishing, administering, operating, and maintaining of the Waiahole water system and any other purpose deemed necessary by the corporation for the purpose of acquiring and operating the Waiahole water system. The corporation may utilize contributions of money, labor, materials, and property that may be otherwise available from any person or instrumentality.
(b) No expenditure, use, or transfer of funds from the Waiahole water system revolving fund by the corporation shall be subject to chapter 42F or 103. [L 1998, c 111, §3; am L 2004, c 216, §19]
Note
Acquisition of Waiahole water system shall not affect the powers and authority of the commission on water resource management or its powers to modify water allocations. L 1998, c 111, §15.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-15.6 Commitment and preservation of agricultural leases.

§163D-15.6 Commitment and preservation of agricultural leases.
(a) The agribusiness development corporation shall work toward obtaining commitments from landowners in the leeward and central districts of Oahu that their agricultural leases shall be for a duration of twenty or more years and shall not be amended or revoked to allow for a nonagricultural use of the land; provided that for lands in central Oahu acquired under Act 234, Session Laws of Hawaii 2008, the agricultural leases shall be for no more than fifty-five years.
(b) To further ensure the preservation of agriculture in the leeward and central districts of Oahu, the agribusiness development corporation shall monitor the agricultural leases of lands using the water from the Waiahole water system. In the event of any proposed amendment or revocation of any lease, the corporation shall do all things within its powers under this chapter to protect and defend the interests of the agricultural leaseholders to ensure the continuation of agricultural use for those lands. [L 1998, c 111, §16; am L 2008, c 234, §4]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-16 Use of public lands; acquisition of state lands.

§163D-16 Use of public lands; acquisition of state lands.
(a) Notwithstanding chapter 171 to the contrary, the governor may transfer lands located within a project area to the corporation for its use.
(b) If state lands under the control and management of other public agencies are required by the corporation for its purposes, the agency having the control and management of those required lands, upon request by the corporation and with the approval of the governor, may lease the lands to the corporation upon such terms and conditions as may be agreed to by the parties.
(c) Notwithstanding subsection (b) to the contrary, no public lands shall be leased to the corporation if the lease would impair any covenant between the State or any county, or any department or board thereof, and the holders of bonds issued by the State or the county, department, or board. [L 1994, c 264, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-19 Annual report.

§163D-19 Annual report.
(a) The corporation shall submit to the governor and the legislature, no later than twenty days prior to the convening of each regular session, a complete and detailed report of its plans and activities.
(b) The following information shall be included in the annual report and shall be posted on the corporation's website:
(1) The number of lots the corporation leased or used, by size and island;
(2) The number of lots the corporation leased or used, by island, that contain protocols and conditions supporting specialty farm products;
(3) The number of vacant parcels and unoccupied parcels in the leasing process, by island, including the parcel size, location, and date the parcel was last occupied by a tenant; and
(4) A description of any lease sales or transfers approved by the corporation, including:
(A) A description of the type of farm products produced by the transferring lessee and the farm products to be produced by the accepting lessee on the leased lands; and
(B) The date and description of the transferring lessee's last lease approved by the corporation. [L 1994, c 264, pt of §1; am L 2019, c 28, §9]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-31 Acquisitions of important agricultural lands authorized by the legislature.

Revision Note
Part designation added by revisor pursuant to §23G-15.
Cross References
Acquisition of resource value lands, see chapter 173A.
Legacy land conservation commission, see § §173A-2.4 to 173A-2.6.
§163D-31 Acquisitions of important agricultural lands authorized by the legislature.
(a) The legislature may authorize the corporation to acquire agricultural lands for the protection of agricultural lands, public land banking, or the promotion of farm ownership and diversified agriculture.
(b) The acquisition shall be authorized by a bill enacted into law and shall contain:
(1) A statement of the value of the interest in land as a resource to the State;
(2) A description of the specific parcel of land or agricultural easement proposed to be acquired;
(3) The name of the owner of the property; and
(4) The estimated costs of acquiring the interest in the land.
(c) The landowner shall receive payment for the interest in the land in a lump sum, through an installment purchase agreement as determined pursuant to section 163D-32, or from revenues derived from the issuance of revenue bonds pursuant to section 163D-9. [L 2008, c 234, pt of §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-32 Acquisitions; payment.

§163D-32 Acquisitions; payment.
(a) If the landowner agrees to the sale of the interest in lands pursuant to section 163D-31, the landowner and the corporation shall agree on whether the landowner shall receive payment for the interest in a lump sum or through an installment purchase agreement pursuant to section 163D-33.
(b) The corporation may make payments from moneys appropriated by the legislature. [L 2008, c 234, pt of §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 163D. Agribusiness Development Corporation › 163D-33 Installment purchase agreements; interest payment.

§163D-33 Installment purchase agreements; interest payment.
(a) The legislature may authorize the corporation to negotiate installment purchase agreements for the acquisition of specific parcels of land for the protection of agricultural lands, public land banking, or the promotion of farm ownership and diversified agriculture. The installment purchase agreements shall be structured pursuant to the requirements of the Internal Revenue Code of 1986, as amended, to defer recognition of capital gain until all of the purchase price is paid. The agreement shall include provisions for the periodic payment of a portion of the purchase price with the remainder of the purchase price paid at the end of the term of the agreement. The legislature shall authorize the purchase of United States Treasury zero coupon bonds for the installment purchase agreement with a maturity date equal to the term of the agreement.
(b) The interest rate paid on the installment purchase agreement shall be not less than the interest rate on the zero coupon bonds at the closing of the agreement or eight per cent, whichever is higher.
(c) The corporation shall make semi-annual interest payments on the outstanding balance of the installment purchase agreement purchase price. [L 2008, c 234, pt of §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 165. Hawaii Right to Farm Act › 165-1 Findings and purpose.

§165-1 Findings and purpose.
The legislature finds that when nonagricultural land uses extend into agricultural areas, farming operations often become the subject of nuisance lawsuits that may result in the premature removal of lands from agricultural use and may discourage future investments in agriculture. The legislature also finds that under the Hawaii State Planning Act, it is a declared policy of this State to "foster attitudes and activities conducive to maintaining agriculture as a major sector of Hawaii's economy." Accordingly, it is the purpose of this chapter to reduce the loss to the State of its agricultural resources by limiting the circumstances under which farming operations may be deemed to be a nuisance. [L 1982, c 256, pt of §1; am L 1986, c 242, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 165. Hawaii Right to Farm Act › 165-2 Definitions.

§165-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Farming operation" means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. "Farming operation" includes but shall not be limited to:
(1) Agricultural-based commercial operations as described in section [205-2(d)(15)];
(2) Noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit;
(3) Operation of machinery and irrigation pumps;
(4) Ground and aerial seeding and spraying;
(5) The application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and
(6) The employment and use of labor.
A farming operation that conducts processing operations or salt, brackish, or freshwater aquaculture operations on land that is zoned for industrial, commercial, or other nonagricultural use shall not, by reason of that zoning, fall beyond the scope of this definition; provided that those processing operations form an integral part of operations that otherwise meet the requirements of this definition.
"Nuisance" means any interference with reasonable use and enjoyment of land, including but not limited to smoke, odors, dust, noise, or vibration; provided that nothing in this chapter shall in any way restrict or impede the authority of the State to protect the public health, safety, and welfare. "Nuisance" as used in this chapter, includes all claims that meet the requirements of this definition regardless of whether a complainant designates such claims as brought in nuisance, negligence, trespass, or any other area of law or equity; provided that nuisance as used in this chapter does not include an alleged nuisance that involves water pollution or flooding. [L 1982, c 256, pt of §1; am L 1986, c 242, §2; am L 1993, c 162, §2; am L 2001, c 26, §1; am L 2012, c 113, §1]
Law Journals and Reviews
Up In The Air: The Status & Future of Drone Regulation in Hawai`i. 40 UH L. Rev. 307 (2017).
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 165. Hawaii Right to Farm Act › 165-4 Right to farm.

§165-4 Right to farm.
No court, official, public servant, or public employee shall declare any farming operation a nuisance for any reason if the farming operation has been conducted in a manner consistent with generally accepted agricultural and management practices. There shall be a rebuttable presumption that a farming operation does not constitute a nuisance. [L 1982, c 256, pt of §1; am L 1986, c 242, §3; am L 2001, c 26, §2]
Revision Note
Subsection designation deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 165. Hawaii Right to Farm Act › 165-5 Frivolous lawsuits.

§165-5
Frivolous lawsuits.
Any nuisance action, found to be frivolous by the court, in which a farming operation is alleged to be a nuisance as defined in section 165-2, shall be governed by section 607-14.5. [L 1993, c 162, pt of §1]
Cross References
Vexatious litigants, see chapter 634J.
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-1 Legislative findings.

§166-1 Legislative findings.
The legislature finds that important agricultural lands should be preserved for productive purposes; the contribution of diversified agriculture and aquaculture to export and local markets should be expanded, thereby increasing its importance in the State's economy; and continued use of the State's agricultural land resources should be ensured by providing lands to new farmers, displaced farmers, and other qualified farmers. In order to meet these goals, the objectives of the State shall include the provision of: lands of appropriate size and productive potential, with an adequate supply of water, to ensure economically viable farm operations; lands at reasonable cost with long term tenure and security from urbanization pressure; and lands with common facilities and activities to encourage farm production and distribution economies. [L 1986, c 222, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-2 Definitions.

§166-2 Definitions.
For the purpose of this chapter:
"Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees, including tree farms.
"Agricultural park" means any agricultural or aquacultural complex so designated by the board, for which state land or state funds are used, in order to meet the goals and objectives stated in section 166-1. Agricultural buildings, farm residences, and employee dwellings necessary to the production and distribution of agricultural and aquacultural commodities may be considered part of the agricultural park.
"Aquacultural activities" means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that such farm or ranch is on or directly adjacent to land.
"Board" means the board of agriculture.
"Department" means the department of agriculture. [L 1986, c 222, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-3 Authority to plan, develop, and manage agricultural parks.

§166-3 Authority to plan, develop, and manage agricultural parks.
The department of agriculture shall plan, develop, and manage agricultural parks in accordance with this chapter, on public lands set aside by the governor for use as agricultural parks pursuant to section 171-11; on other lands with the approval of the board of agriculture as may be subject to a partnership agreement pursuant to sections 166-4 and 166-5; and on lands acquired by the department by way of foreclosure, voluntary surrender, or otherwise pursuant to section 155-4(11). [L 1986, c 222, pt of §1; am L 1993, c 102, §1; am L 1998, c 11, §14]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-3.5 Commercial activity.

§166-3.5 Commercial activity.
The department may allow, in each of its existing and future agricultural parks, the disposition of no more than two lots within an agricultural park for the processing, marketing, and displaying of agricultural crops or commodities, which shall include any product created through value-added processes as defined by rules adopted by the board. The department shall allow agricultural-based commercial venture operations that may sell to the general public; provided that any such lots shall be leased and operated by an agricultural park lessee in good standing with the department. [L 1999, c 277, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-4 Park development.

§166-4 Park development.
Except as herein provided, the department may develop, on behalf of the State or in partnership with a federal agency, a county, or a private party, agricultural parks which, at the option of the board, shall be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of buildings thereon; provided that:
(1) The board finds the agricultural park is consistent with the purpose and intent of this chapter, and meets minimum requirements of health and safety;
(2) The development of the proposed agricultural park does not contravene any safety standards or tariffs approved by the public utilities commission for public utilities;
(3) The legislative body of the county in which the agricultural park is to be situated shall have approved the agricultural park.
(A) The legislative body shall approve or disapprove the agricultural park within forty-five days after the department has submitted the preliminary plans and specifications for the agricultural park to the legislative body. If after the forty-fifth day an agricultural park is not disapproved, it shall be deemed approved by the legislative body.
(B) No action shall be prosecuted or maintained against any county, its officials, or employees, on account of actions taken by them in reviewing, approving, or disapproving the plans and specifications.
(C) The final plans and specifications for the agricultural park shall be deemed approved by the legislative body if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the planning, zoning, building, construction, and subdivision standards for that agricultural park. For purposes of sections 501-85 and 502-17, the chairperson of the board of agriculture or the responsible county official may certify maps and plans of lands connected with the agricultural park as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and such maps and plans shall be accepted for registration or recordation by the land court and registrar; and
(4) The State shall assume the responsibility of maintaining all roads within the agricultural park if the roads are developed exempt from applicable county ordinances, charter provisions, and rules regarding roads. [L 1986, c 222, pt of §1; am L 1987, c 111, §1; am L 1990, c 52, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-5 Joint ventures.

§166-5 Joint ventures.
Any agricultural park developed by the department in partnership with a federal agency, a county, or a private party shall be subject to a partnership agreement approved by the board of agriculture, which agreement shall provide, at a minimum:
(1) A determination by the board that it is in the public interest to enter into the partnership agreement;
(2) Long-term assurance that the land will be utilized for agricultural or aquacultural purposes;
(3) Board approval of the agricultural park development plans and specifications;
(4) Selection and management of lessees in a manner approved by the board; and
(5) Conditions to ensure a public benefit from any state funds expended for the project. [L 1986, c 222, pt of §1; am L 1988, c 22, §1; am L 1990, c 52, §2; am L 1993, c 102, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-7 Applicants.

§166-7 Applicants.
Any person, including a revocable living trust, partnership, corporation, limited liability company, association, or an agricultural cooperative organized under chapter 421 at least seventy-five per cent of the trustees, partners, officers and stockholders, or members of which qualify individually, may apply for an agricultural park lease if the person, trustees, partners, officers and stockholders, or members are eligible and qualified according to criteria set forth in rules adopted by the board in conformance with section 166-9. [L 1986, c 222, pt of §1; am L 1988, c 22, §3; am L 1990, c 52, §4; am L 1999, c 40, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-8 Preference right.

§166-8 Preference right.
Any person who is otherwise qualified to take an agricultural park lot, who is a veteran with an honorable discharge, or who qualifies as a displaced farmer, or who operates a farm located in a zoning district where such use is a nonconforming use, or who qualifies as a new farmer, shall be given preference in obtaining an agricultural park lot. [L 1986, c 222, pt of §1; am L 1988, c 22, §4; am L 1990, c 52, §5]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-9 Rules.

§166-9 Rules.
The board shall adopt rules in accordance with chapter 91 in order to effectuate the purposes of this chapter. Such rules shall provide, without limitation, for definitions; planning generally and for intensive agricultural uses; general eligibility requirements; qualifications of applicants; preference rights; disposition of leases; lease provisions; lease restrictions generally and for intensive agricultural uses; and notice of breach or default. Rules adopted by the board for the purposes of this chapter shall be consistent with sections 171-11 and 171-20. [L 1986, c 222, pt of §1; am L 1988, c 22, §5; am L 1990, c 52, §6]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-10 Agricultural park special fund.

§166-10 Agricultural park special fund.
(a) There is created in the state treasury a special fund to be designated as the agricultural park special fund. The proceeds in the fund shall be used for the following purposes:
(1) Payment of agricultural park lease rents of privately owned lands under lease to the State pursuant to sections 171-112 and 166-3;
(2) Establishing, operating, maintaining, and improving infrastructure improvements in agricultural parks designated by the department pursuant to section 166-3; and
(3) Any other purposes deemed necessary by the department for the purpose of maintaining and operating those agricultural parks and related facilities designated by the department pursuant to section 166-3.
For the purpose of paragraph (2), infrastructure improvements may include, but shall not be limited to: irrigation water system projects, wind power or hydro power and pumping systems, waste disposal systems, domestic water systems, roads, street lights, land and roads drainage, and bridges.
(b) Moneys appropriated for the purpose of the fund; any other provision of the law to the contrary notwithstanding, all moneys received or collected from an agricultural park project designated pursuant to section 166-3, including residential and agricultural lot lease rents; and all money collected or received by the department for the use and maintenance of domestic and irrigation water systems within an agricultural park and other systems enumerated in subsection (a) shall be deposited into the agricultural park special fund. All interest earned or accrued on moneys deposited in the fund shall become a part of the fund. Moneys in the fund shall be expended upon warrants drawn by the comptroller. [L 1986, c 222, pt of §1; am L 1990, c 52, §7]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166. Agricultural Parks › 166-11 Lease negotiation.

§166-11 Lease negotiation.
(a) The department of agriculture may negotiate and enter into leases with any person who:
(1) As of July 1, 1996, holds a revocable permit for agricultural purposes; or
(2) Has formerly held an agricultural lease that expired within the last ten years preceding July 1, 1996, and has continued to occupy the state land; and
(3) Does not own agriculturally-zoned land of twenty-five acres or more in the State, individually or jointly with a spouse, or whose spouse does not own twenty-five acres or more of agriculturally-zoned land in the State.
(b) The land eligible for lease negotiations under this section are limited to those lands:
(1) Zoned and used for agricultural purposes;
(2) Set aside by governor's executive order to the department of agriculture for agricultural uses only; 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 of agriculture shall:
(1) Require the appraisal of the parcel to determine the fair market value;
(2) Require the payment of annual lease rent based on the fair market value established by appraisal;
(3) 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
(4) Recover from the lessee the costs of expenditures required by the department to convert the parcel into leasehold.
(d) Within six months from July 1, 1996, the department shall notify in writing the permittees of lands eligible for lease negotiations under this section and shall inform the permittees of the terms, conditions, and restrictions provided by this section. Any permittee may apply for a lease; provided that the application shall be submitted to the department in writing within thirty days from the date of receipt of notification; provided further that the department may require documentary proof from any applicant to determine that the applicant meets eligibility and qualification requirements for a lease as specified by this section.
(e) Notwithstanding any other law to the contrary, if any lessee holds a lease having a remaining term of fifteen years or less, the department may extend the term of the lease for an additional thirty years; provided that the land covered by the lease is:
(1) Twenty-five acres or less; and
(2) Located in a county having a population of less than five hundred thousand. [L 1996, c 88, §2; am L 2023, c 213, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-1 Legislative findings.

§166E-1 Legislative findings.
The legislature finds that article XI, section 10, of the state constitution establishes that "the public lands shall be used for the development of farm and homeownership on as widespread a basis as possible, in accordance with procedures and limitations prescribed by law."
Therefore, the legislature finds that certain public lands classified for agricultural use by the department of land and natural resources should be transferred to the department of agriculture, with the approval of the board of land and natural resources and the board of agriculture, for purposes and in a manner consistent with article XI, section 10, of the state constitution.
The purpose of this chapter is to ensure the long-term productive use of public lands leased or available to be leased by the department of land and natural resources for agricultural purposes by allowing these lands to be transferred to and managed by the department of agriculture. [L 2003, c 90, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-2 Definitions.

§166E-2 Definitions.
For the purposes of this chapter:
"Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees.
"Aquacultural activities" means the farming or ranching or any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that the farm or ranch is on or directly adjacent to land.
"Board" means the board of agriculture.
"Department" means the department of agriculture.
"Non-agricultural park lands" means lands that are transferred to and managed by the department pursuant to this chapter. [L 2003, c 90, pt of §1; am L 2006, c 157, §2; am L 2023, c 68, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-3 Transfer and management of non-agricultural park lands and related facilities to the department of agriculture.

§166E-3 Transfer and management of non-agricultural park lands and related facilities to the department of agriculture.
(a) Upon mutual agreement and approval of the board and the board of land and natural resources:
(1) The department may accept the transfer of and manage certain qualifying non-agricultural park lands; and
(2) Certain assets, including position counts, related to the management of existing encumbered and unencumbered non-agricultural park lands and related facilities shall be transferred to the department.
(b) The department shall administer a program to manage the transferred non-agricultural park lands under rules adopted by the board pursuant to chapter 91. The program and its rules shall be separate and distinct from the agricultural park program and its rules. Non-agricultural park lands are not the same as, and shall not be selected or managed as are lands under agricultural park leases. Notwithstanding any other law to the contrary, the program shall include the following conditions pertaining to encumbered non-agricultural park lands:
(1) The lessee or permittee shall perform in full compliance with the existing lease or permit;
(2) The lessee or permittee shall not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county;
(3) The lessee's or permittee's agricultural operation shall be economically viable as specified by the board; and
(4) No encumbered or unencumbered non-agricultural park lands with soils classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be transferred for the use or development of golf courses, golf driving ranges, and country clubs.
The transfer of non-agricultural park lands shall be done in a manner to be determined by the board of agriculture.
(c) For any encumbered or unencumbered non-agricultural park lands transferred to the department that are not being utilized or required for the public purpose stated, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department of land and natural resources. [L 2003, c 90, pt of §1; am L 2004, c 25, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-4 Conversion of qualified and encumbered other agricultural lands.

§166E-4 Conversion of qualified and encumbered other agricultural lands.
The department shall establish criteria and rules pursuant to chapter 91 and subject to approval by the board to convert qualified and encumbered non-agricultural park lands to department leases or other forms of encumbrance. [L 2003, c 90, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-5 Extension of qualified and encumbered non-agricultural park lands transferred to and managed by the department.

§166E-5 Extension of qualified and encumbered non-agricultural park lands transferred to and managed by the department.
Notwithstanding chapter 171, the board shall establish criteria and rules to allow the cancellation, renegotiation, and extension of transferred encumbrances by the department. Notwithstanding any law to the contrary, qualified and encumbered non-agricultural park lands transferred to the department shall not have the respective length of term of the lease or rents reduced over the remaining fixed term of the applicable encumbrances. [L 2003, c 90, pt of §1; am L 2004, c 25, §2]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-6 Rules.

§166E-6 Rules.
The board shall adopt rules pursuant to chapter 91, including eligibility requirements for each disposition and applicant qualifications, to effectuate the purposes of this chapter. [L 2003, c 90, pt of §1; am L 2006, c 157, §3]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-7 Non-agricultural park lands special fund; established.

§166E-7 Non-agricultural park lands special fund; established.
(a) There is established in the state treasury the non-agricultural park lands special fund, into which shall be deposited:
(1) Legislative appropriations to the fund; and
(2) All lease rent, fees, penalties, and any other revenue or funds collected from non-agricultural park lands that are transferred, or in the process of being transferred, to the department under this chapter.
(b) Moneys in the special fund shall be used to defray the costs incurred in managing, administering, and overseeing non-agricultural park lands that are transferred, or in the process of being transferred, to the department under this chapter.
(c) The department shall administer the non-agricultural park lands special fund. [L 2005, c 234, §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-9 Authority to plan, develop, and manage non-agricultural park lands.

§166E-9
Authority to plan, develop, and manage non-agricultural park lands.
In accordance with this chapter, the department may plan, develop, and manage non-agricultural park lands on:
(1) Public lands set aside by executive order for use as non-agricultural park lands pursuant to section 171-11;
(2) Other lands with the approval of the board that may be subject to a joint venture partnership agreement pursuant to section 166E-10; and
(3) Lands acquired by the department by way of foreclosure, voluntary surrender, or otherwise pursuant to section 155-4(11). [L 2006, c 157, pt of §1]
2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-10 Non-agricultural park land development.

§166E-10 Non-agricultural park land development.
On behalf of the State or in partnership with a federal agency, a county, or a private party and except as provided in this section, the department may develop non-agricultural park lands that, at the option of the board, may be exempt from all statutes, ordinances, charter provisions, and rules of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and construction of buildings thereon; provided that:
(1) The board finds the development is consistent with the public purpose and intent of this chapter and meets minimum health and safety requirements;
(2) The development of the proposed non-agricultural park land does not contravene any safety standards or tariffs approved by the public utilities commission for public utilities;
(3) The county in which the non-agricultural park development is proposed shall approve the non-agricultural park development; and provided further that:
(A) The county shall approve or disapprove the development within forty-five days after the department submits preliminary plans and specifications for the development to the county. If the county does not disapprove the development after the forty-fifth day, the development shall be deemed approved;
(B) No action shall be prosecuted or maintained against any county, its officials, or employees, on any actions taken by them in reviewing, approving, or disapproving the plans and specifications; and
(C) The final plans and specifications for the development shall be deemed approved by the county if the final plans and specifications do not substantially deviate from the preliminary plans and specifications. The final plans and specifications for the project shall constitute the planning, zoning, building, construction, and subdivision standards for that development. For purposes of sections 501-85 and 502-17, the chairperson of the board or the responsible county official may certify maps and plans of lands connected with the development as having complied with applicable laws and ordinances relating to consolidation and subdivision of lands, and the maps and plans shall be accepted for registration or recordation by the land court and registrar; and
(4) The State shall assume the responsibility of maintaining all roads and infrastructure improvements within the boundaries if the improvements are developed exempt from applicable county ordinances, charter provisions, and rules regarding development. [L 2006, c 157, pt of §1]
2023 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]
2023 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]
2023 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]
2023 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]