STAND. COM. REP. NO. 1613

Honolulu, Hawaii

RE:    H.C.R. No. 187

       H.D. 1

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Agriculture, to which was referred H.C.R. No. 187, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF AGRICULTURE TO CONVENE A TASK FORCE TO CLARIFY AND COORDINATE AGRICULTURAL-BASED COMMERCE SUPPORT OF BONA-FIDE FARMING OPERATIONS ACROSS THE STATE,"

begs leave to report as follows:

     The purpose and intent of this measure is to request the Department of Agriculture to convene a task force to clarify and coordinate agricultural-based commercial support of bona fide farming operations across the State.

     Your Committee received testimony in support of this measure from the City and County of Honolulu Department of Planning and Permitting; Hawaii Farm Bureau; Larry Jefts Farms, LLC; Kauai Kunana Dairy; and one individual.  Your Committee received comments on this measure from the Department of Agriculture.

     Your Committee finds that bona fide farming operations should be able to generate additional revenue from commercial activities accessory and secondary to agricultural production without burdensome regulation.  Your Committee further finds that "bona fide farming operation" and "small farm" are not clearly defined terms and the lack of definitions makes regulation of agricultural-based commercial operations accessory to bona fide farming operations difficult for the counties.  Additionally, many regulations are particularly burdensome for small-scale farmers. 

     Your Committee acknowledges the concerns of the Department of Agriculture regarding the lack of resources necessary to effectively convene a task force consisting of membership from across the State.  Your Committee therefore supports any alternative means to achieving the goals of this measure without the need to formally convene a task force.  Your Committee recommends passage of this measure to facilitate further discussion of ways to identify specific barriers to legitimate agricultural-based commercial operations and find practical solutions to assist farmers and the counties through the approval process for agricultural-based commercial operations.

     Your Committee has amended this measure by:

     (1)  Rewriting a legislative finding for clarity;

     (2)  Correcting statutory references to section 205-2(d)(15), Hawaii Revised Statutes;

     (3)  Amending legislative findings to use the term "agricultural-based commercial operations" throughout for consistency;

     (4)  Amending its title for consistency; and

     (5)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 187, H.D. 1, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 187, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Agriculture,

________________________________

RUSSELL E. RUDERMAN, Chair