CONFERENCE COMMITTEE REP. NO. 5

Honolulu, Hawaii

, 2021

RE: S.B. No. 186

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 186, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RESTRICTIONS ON AGRICULTURAL USES AND ACTIVITIES,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to prohibit the enforcement of a re-recorded homeowners' association restriction if the restriction prohibits bona fide agricultural uses and activities on agricultural land.

Your Committee on Conference finds subdivision of agricultural lands has significantly increased over the past few decades, resulting in homeowners' associations imposing restrictions that limit bona fide agricultural uses on agricultural lands. Restrictive covenants that limit agricultural uses and activities on agricultural lands undermine the State's interest in protecting and preserving agricultural resources and promoting agricultural self-sufficiency. Thus, this measure clarifies that renewed covenants restricting agricultural uses and activities within the State Land Use Agricultural Districts are considered new contracts and therefore voidable, under limited circumstances.

Your Committee on Conference has amended this measure by:

(1) Making it effective upon its approval; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 186, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 186, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ DAVID A. TARNAS Co-Chair	____________________________ MIKE GABBARD Chair
____________________________ MARK J. HASHEM Co-Chair	____________________________ ROSALYN H. BAKER Co-Chair
____________________________ AARON LING JOHANSON Co-Chair