STAND. COM. REP. NO. 339

Honolulu, Hawaii

, 2021

RE: H.B. No. 247

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred H.B. No. 247 entitled:

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

begs leave to report as follows:

The purpose of this measure is to implement several recommendations with regard to land subdivision and condominium property regime laws relating to agricultural lands made by the Office of Planning as a result of a study conducted pursuant to Act 278, Session Laws of Hawaii 2019 (Act 278).

Your Committee received testimony in support of this measure from the Department of Agriculture; Office of Planning; Real Estate Commission; City and County of Honolulu Department of Planning and Permitting; one member of the Maui County Council; Ulupono Initiative; Hawaii Farm Bureau; Hawaiian Properties, Ltd; and Hawaii Cattlemen's Council. Your Committee received comments on this measure from the Department of Taxation.

Your Committee finds that Act 278 directed the Office of Planning to study subdivision and condominium property regime issues on agricultural lands. This measure is the result of a collaboration with a broad group of stakeholders and addresses three major issues and recommendations of the study: strengthening the definition of "farm dwelling" to recognize only bona fide farms; allowing county enforcement of unpermitted structures; and allowing counties to submit comments before the registration of a condominium property regime.

As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 247 and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

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

____________________________

MARK J. HASHEM, Chair