STAND. COM. REP. NO. 1037-20

Honolulu, Hawaii

, 2020

RE: S.B. No. 2706

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Water, Land, & Hawaiian Affairs, to which was referred S.B. No. 2706 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL LANDS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Provide more specifications regarding the types of dwellings that constitute "farm dwellings" allowed within the agricultural district; and

(2) Ensure that condominium property regime projects within the agricultural district are used for agricultural purposes.

Your Committee received testimony in support of this measure from the Department of Agriculture, Office of Planning, Hawaii Cattlemen's Council, Hawaii Farm Bureau, and two individuals. Your Committee received comments on this measure from the Department of Planning and Permitting of the City and County of Honolulu.

Your Committee finds that to ensure agricultural lands were being appropriately utilized, the Legislature enacted Act 278, Session Laws of Hawaii 2019, which directed the Office of Planning, in consultation with other agencies, to study land subdivision and condominium property regime laws relating to agricultural lands. As a result, the Office of Planning submitted recommendations to the Legislature on how to better enforce requirements that agricultural lands are used for agricultural purposes. This measure will ensure that condominium property regime projects and farm dwellings within the agricultural district are used for agricultural purposes and grant the counties an opportunity to provide certain comments on proposed condominium property regime projects within the agricultural district.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Water, Land, & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2706, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2706, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Water, Land, & Hawaiian Affairs,

____________________________

RYAN I. YAMANE, Chair