STAND.
COM. REP. NO. 709-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 2424
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Water & Land, to which was referred H.B. No. 2424 entitled:
"A BILL FOR AN ACT RELATING TO LAND USE,"
begs leave to report as follows:
Your Committee received testimony in support of this measure from one member of the Hawaiʻi County Council. Your Committee received testimony in opposition to this measure from the Sierra Club of Hawaiʻi. Your Committee received comments on this measure from the Department of the Attorney General; Department of Agriculture and Biosecurity; Office of Planning and Sustainable Development; Land Use Commission; and Hawaiʻi Farm Bureau.
Your Committee finds that this measure seeks to address a narrow yet longstanding land-use issue involving legacy subdivisions within the agricultural district created decades ago, often consisting of small residential lots that were never viable for bona fide agricultural use. These situations can create ongoing enforcement challenges, land use uncertainty, and conflicts between residential uses and nearby agricultural operations. Your Committee also finds that this measure adopts a temporary and targeted approach, including by continuing to involve the Land Use Commission.
Your Committee has amended this measure by:
(1) Deleting the amendment to the findings and purpose section of Chapter 165, Hawaii Revised Statutes (Hawaii Right to Farm Act);
(2) Clarifying that with respect to land that is sought to be reclassified, a residence, as a first or second farm dwelling, is constructed on each lot, or the lot is part of an agricultural subdivision intended for residential construction, as a first or second farm dwelling;
(3) Excluding Important Agricultural Lands from its scope;
(4) Detailing requirements for public notification; at least one public hearing; and a written decision or recommendation that includes findings of fact and conclusions of law sufficient to permit judicial review;
(5) Instead of requiring the Office of Planning and Sustainable Development to appear in every case as a party at both the state and county levels, allowing the Office of Planning and Sustainable Development, at the county level, to participate and provide advisory comments, data, and recommendations but not requiring it to intervene as a formal party unless otherwise authorized by law or rule;
(6) Changing its effective date to July 1, 3000, to encourage further discussion; and
(7) 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 Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2424, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2424, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Water & Land,
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____________________________ MARK J. HASHEM, Chair |
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