STAND. COM. REP. NO. 1359

Honolulu, Hawaii

RE: H.B. No. 615

H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Agriculture and Environment and Water and Land, to which was referred H.B. No. 615, H.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to clarify that any provision in a private agreement contained in a conveyance of land recorded on or before July 8, 2003, that has since expired but has not been renewed and recorded in the Bureau of Conveyances is prohibited from restricting bona fide agricultural uses and activities on agricultural land.

Your Committees received testimony in support of this measure from the Department of Agriculture, Office of Planning and Sustainable Development, and Hawai‘i Farm Bureau.

Your Committees find that some "private agreements" established on subdivided and condominiumized agricultural lands with lot or unit owner associations prior to the effective date of section 205-4.6, Hawaii Revised Statutes, contained limitations and prohibitions on agricultural activities and uses. These constraints can severely impact farming operations and include limitations on hours of operation of farm equipment, height of windbreaks, and types of crops that are allowed to be cultivated. The measure will prevent these private agreements created prior to July 8, 2003, that have since expired and not been renewed, from being enforced.

As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 615, H.D. 1, and recommend that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Water and Land,

________________________________ LORRAINE R. INOUYE, Chair

________________________________ MIKE GABBARD, Chair