A Big Island lawmaker is once again trying to save Big Island farms whose leases are soon to expire.
Hilo Rep. Chris Todd, a Democrat, last year introduced a measure that would have allowed farmers leasing land in the Panaewa and Pahoa agricultural parks to extend their leases by up to 30 years. By his estimate, that bill would have saved close to 100 farmers from eviction, because most of the leases within those parks are set to expire in less than 15 years.
But despite nearly universal support for the bill, then-Gov. David Ige vetoed it at the eleventh-hour, saying that the state Department of Agriculture’s lease program was intended to give farmers the opportunity to become commercially established, and that allowing people to remain in the program indefinitely would prevent a long waiting list of prospective participants from joining.
Despite that bill’s failure, Todd is trying again this year and is hopeful that the new administration will be more receptive to the extensions.
“Last year, the only opposition we got was from the administration,” Todd said. “We didn’t get any testimony from anyone opposing it, except for the DOA. … This time, the DOA has shifted its position from open opposition to just providing comments, so I think that’s a good sign.”
The bill as presented would, like last year’s attempt, allow any neighbor island agriculture lessee with 15 or fewer years left on their lease to apply for a lease extension of up to 30 years, so long as the land being leased is 25 acres or less.
Todd said those conditions should encompass the vast majority of lessees within the Panaewa and Pahoa agricultural parks.
Once again, the proposal was met with support during its single committee hearing so far, with several farmers and farmer advocacy groups urging the Legislature to pass the bill.
“Without the current leases in ag parks, sustainability in (agriculture) will be jeopardised,” wrote Pahoa lessee Ken Delimont. “Farms forced out will most likely stop their operations. Most of us cannot move our farms. I have an avocado farm. I cannot relocate my trees. … Sustainability cannot be achieved by taking farmers off their farms.”
Meanwhile, a statement by the DOA was not explicitly opposed to the bill, but highlighted what it viewed as an ideological conflict between the intent of the bill and the state’s public policy.
“It is our understanding that there is a public policy against allowing individual private interests to exclusively occupy, use, and benefit from public lands for the durations exceeding statutory limits or indefinitely,” wrote Sharon Hurd, chair of the Board of Agriculture. “Potential lessees in this program know upfront that their use of the land cannot exceed 55 years. By requiring a business plan for new leases, we encourage lessees to rely on sound business practices to plan ahead for the anticipated and known eventual termination.”
Hurd concluded that if the intent of the measure is to make a change to the public policy regarding leases of state land, then that change should be reflected in the bill itself.
Todd also highlighted a second bill that could benefit Panaewa farmers. That bill would allocate $2 million to prepare an environmental impact statement for drilling wells within the Panaewa agricultural park.
“Especially with the recent drought, a lot of these farmers are paying an arm and a leg to get water, and it’s just not sustainable,” Todd said, adding that, for most farmers, paying for an individual environmental study for well-drilling isn’t feasible either. “If we pay for the EIS, and it doesn’t find a problem, then they can drill their own wells if they want.”
Unlike the lease extension measure, which has passed its second reading in the House and will be discussed at the House Water and Land Committee on Tuesday, the well-drilling measure has not been scheduled for any committees.
Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.
