STAND. COM. REP. NO. 46

Honolulu, Hawaii

, 2023

RE: H.B. No. 611

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Agriculture & Food Systems, to which was referred H.B. No. 611 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

begs leave to report as follows:

The purpose of this measure is to include customary and traditional subsistence farming conducted by a Native Hawaiian cultural practitioner within:

(1) The Hawaii Right to Farm Act as a protected activity;

(2) The state land use laws as an allowable activity in agricultural districts; and

(3) The Hawaii State Planning Act as a policy of the State for achieving the State's agricultural objectives.

Your Committee received testimony in support of this measure from the Hawaii Farmers Union United, Hawai‘i Farm Bureau, and three individuals. Your Committee received comments on this measure from the Department of Agriculture and Office of Planning and Sustainable Development.

Your Committee finds that customary and traditional subsistence farming conducted by Native Hawaiian cultural practitioners is an integral part of the State's cultural heritage. This measure ensures that such practices are protected within the State.

Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

Your Committee notes that concerns were raised in written testimony received by your Committee on the appropriate placement for the amendments to the Hawaii State Planning Act. Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to consider whether the amendments to the Hawaii State Planning Act are necessary and, if so, whether the amendments would be more appropriately placed in section 226-25, Hawaii Revised Statutes.

As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 611, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 611, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,

____________________________

CEDRIC ASUEGA GATES, Chair