STAND. COM. REP. NO. 1078

Honolulu, Hawaii

, 2023

RE: H.B. No. 995

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 995, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO IMPORTANT AGRICULTURAL LANDS,"

begs leave to report as follows:

The purpose of this measure is to clarify that the Land Use Commission's adoption of maps identifying important agricultural lands as recommended by a county is done through rulemaking in conformity with existing Land Use Commission rules.

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

Your Committee finds that this measure would support the State's constitutional mandate to conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, and assure the availability of agriculturally suitable lands.

Your Committee also finds that making it easier to provide housing for farmers and farm employees on important agricultural lands, while still limiting the amount of agricultural land that may be used for the housing, will further the State's agricultural goals and incentivize the designation of lands as important agricultural lands.

Accordingly, your Committee has amended this measure by:

(1) Inserting the contents of H.B. No. 996, H.D. 1, which:

(A) Establishes an important agricultural lands incentive to facilitate the development of farm cluster housing for farmers and farm employees who actively and currently farm important agricultural lands;

(B) Includes farm cluster housing under a priority permit processing procedure for facilities on lands designated as important agricultural lands; and

(C) Repeals the existing requirements for farm dwelling and employee housing on important agricultural lands;

(2) Changing the effective date to upon approval; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 995, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 995, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair