CONFERENCE COMMITTEE REP. NO. 73-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2169

S.D. 1

H.D. 1

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir and Madam:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 2169, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Authorize the Agribusiness Development Corporation to acquire by condemnation any real property or interest in real property, except public lands, under certain conditions; and

(2) Prohibit any real property acquired by the Corporation by condemnation from subsequently being transferred or taken for any other public use without the Corporation's consent.

Your Committee on Conference finds that the inability to assemble land or property interests often delays or prevents the development of essential agricultural infrastructure that serves a clear public purpose. By authorizing the use of eminent domain under certain limited circumstances, this measure enables the Agribusiness Development Corporation to responsibly take necessary steps to facilitate the development of agricultural infrastructure that benefits farmers, ranchers, and the broader community, and strengthens agricultural productivity and food security.

Your Committee on Conference has amended this measure by:

(1) Exempting real property owned by a county with a population of more than 125,000 but less than 195,000 from the Agribusiness Development Corporation's authority to acquire real property by condemnation;

(2) Specifying that the Agribusiness Development Corporation may only acquire real property by condemnation if the Corporation makes a determination that the property is necessary for the Corporation's immediate or future use for agricultural irrigation systems or agricultural purposes;

(3) Deleting language that would have prohibited any real property acquired by the Agribusiness Development Corporation by condemnation from subsequently being transferred or taken for any other public use without the consent of the Corporation;

(4) Requiring that any private property the Agribusiness Development Corporation seeks to acquire under threat of the exercise of the power of eminent domain only be acquired through negotiated purchase;

(5) Amending section 1 to reflect its amended purpose;

(6) Inserting an effective date of July 1, 2026; and

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

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 2169, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 2169, S.D. 1, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ CORY CHUN Co-Chair	____________________________ LYNN DECOITE Chair
____________________________ DAVID A. TARNAS Co-Chair	____________________________ MIKE GABBARD Co-Chair