STAND. COM. REP. NO. 47

Honolulu, Hawaii

, 2023

RE: H.B. No. 615

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. 615 entitled:

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

begs leave to report as follows:

The purpose 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 limits or prohibits agricultural use or activity and has since expired but has not been renewed and recorded in the Bureau of Conveyances is void.

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

Your Committee finds that some private agreements established on subdivided and condominiumized agricultural lands with lot or unit owner associations before the effective date of Section 205-4.6, Hawaii Revised Statutes, contained certain limitations and prohibitions on agricultural activities and uses. These limitations and prohibitions include limitations on hours of operation of farm equipment, height of windbreaks, and types of crops that are allowed to be cultivated. This measure prevents provisions that limit or prohibit agricultural use or activity in private agreements created before July 8, 2003, that have since expired and not been renewed, from being enforced.

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. 615 and recommends that it pass Second Reading and be referred to your Committee on Water & Land.

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

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CEDRIC ASUEGA GATES, Chair