STAND. COM. REP. NO. 2566

 

Honolulu, Hawaii

                   

 

RE:     S.B. No. 2006

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

 

Sir:

 

     Your Committees on Agriculture and Environment and Housing, to which was referred S.B. No. 2006 entitled:

 

"A BILL FOR AN ACT RELATING TO FARM EMPLOYEE HOUSING,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to clarify that a "farm dwelling" permitted in an agricultural district includes a single-family farm dwelling with an accessory employee housing structure, subject to certain restrictions.

 

     Your Committees received testimony in support of this measure from the Hawaiʻi Association of REALTORS, Grassroot Institute of Hawaii, Hawaiʻi Farmers Union United, Housing Hawaiʻi's Future, one member of the Maui County Council, one member of the Kauaʻi County Council, and three individuals.

 

     Your Committees received testimony in opposition to this measure from two individuals.

 

     Your Committees received comments on this measure from the Department of Agriculture and Biosecurity, Office of Planning and Sustainable Development, Department of Planning and Permitting of the City and County of Honolulu, and Hawaiʻi Farm Bureau.

 

     Your Committees find that farm dwellings and farm worker housing play an important role in sustaining local agricultural production and supporting the agricultural industry in the State.  Further, increasing the supply of farm employee housing helps bona fide farms retain workers and helps to alleviate the State's housing shortage.  Your Committees further find that on-site housing allows farmers and ranchers to live near their operations, respond to livestock and crop needs, deter agricultural crimes, and maintain productive farms, particularly in rural areas where housing options are limited.  Therefore, this measure will support the State's agricultural sector by allowing flexibility for various forms of housing for farm workers.

 

     Your Committees acknowledge the concerns raised in multiple testimonies that this measure may have the unintended consequence of restricting agricultural tourism activities that provide important supplemental income for bona fide farming operations.  While farm employee housing is intended solely for agricultural workers and shall not be used for visitor accommodations, it is not the intent of your Committees to restrict agricultural tourism activities when those activities are secondary and incidental to a bona fide agricultural operation.

 

     Your Committees further acknowledge the concerns raised in testimony by the Office of Planning and Sustainable Development regarding the ambiguity of the term "farm dwelling".  Therefore, amendments to this measure are necessary to address these concerns.

 

     Your Committees have amended this measure by:

 

     (1)  Inserting language that authorizes farm employee housing on agricultural districts;

 

     (2)  Restoring the definition of "farm dwelling" in existing law and further specifying that "farm dwelling" means a single-family dwelling located on and accessory to a farm where agricultural activity provides income to the family occupying the dwelling;

 

     (3)  Inserting the definition of "farm employee housing";

 

     (4)  Clarifying that agricultural tourism activities may occur on the same parcel as a farm dwelling when the activities are secondary and incidental to a bona fide agricultural operation, do not occur within farm employees housing units, and comply with county ordinances adopted pursuant to section 205-5, Hawaii Revised Statutes; and

 

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

 

     As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2006, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2006, S.D. 1, and be referred to your Committee on Judiciary.

 

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

 

________________________________

STANLEY CHANG, Chair

 

________________________________

MIKE GABBARD, Chair