STAND. COM. REP. NO. 3884

Honolulu, Hawaii

RE: H.C.R. No. 161

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committees on Agriculture and Environment and Commerce and Consumer Protection, to which was referred H.C.R. No. 161 entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF AGRICULTURE TO CONVENE A WORKING GROUP TO REVIEW THE EFFECTIVENESS OF THE RELEVANT STATE LAWS GOVERNING AGRICULTURAL-BASED COMMERCIAL OPERATIONS,"

beg leave to report as follows:

The purpose and intent of this measure is to request the Department of Agriculture to:

(1) Convene a working group to review the effectiveness of the relevant state laws governing agricultural-based commercial operations; and

(2) Submit a report of the working group's findings and recommendations to the Legislature before the Regular Session of 2025.

Your Committees received testimony in support of this measure from Keep the North Shore Country, Hui o Kamamanui, Hawaii's Thousand Friends, and one individual.

Your Committees received comments on this measure from the Department of Agriculture.

Your Committees find that there are a number of contested cases alleging the abuse of the intent of Act 113, Session Laws of Hawaii 2012, (Act 113) by agricultural-based commercial operations on agricultural lands that do not necessarily support the agricultural production of those land. According to testimony received by your Committees, these commercial operations sidestep county planning considerations, defy statewide efforts to protect agricultural land for agricultural production, and ultimately harm farmers by competing for precious land. Your Committees note that the purpose of this measure is to request more information on the issue while acknowledging that the Department of Agriculture does not have the regulatory authority within agricultural districts to enforce or make changes that the working group may recommend. The review of relevant state laws governing agricultural-based commercial operations requested by this measure ensures the intent of Act 113 to enable bona fide agricultural producers to continue to farm in the State and remain profitable.

As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Commerce and Consumer Protection that are attached to this report, your Committees concur with the intent and purpose of H.C.R. No. 161, and recommend its adoption.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Commerce and Consumer Protection,

________________________________ JARRETT KEOHOKALOLE, Chair

________________________________ MIKE GABBARD, Chair