STAND. COM. REP. NO. 1822-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2169

S.D. 1

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 Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2169, S.D. 1, H.D. 1, entitled:

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

begs leave to report as follows:

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 received testimony in support of this measure from the Hawaiʻi Farm Bureau. Your Committee received testimony in opposition to this measure from Earthjustice and Hawaiʻi Alliance for Progressive Action. Your Committee received comments on this measure from the Office of Hawaiian Affairs and Office of the Mayor of the County of Maui.

Your Committee finds that the State continues to face challenges in fully utilizing agricultural lands and irrigation systems that were expected to support diversified agriculture following the decline of plantation operations. Fragmented ownership, inactive assets, and limited tools available to the Agribusiness Development Corporation have constrained the State's ability to assemble and preserve strategically important agricultural infrastructure needed to support local food production. Your Committee believes that providing carefully circumscribed condemnation authority will enhance the State's capacity to secure and maintain essential agricultural resources in a manner that supports food security, respects existing rights, and serves long‑term public interests.

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 S.B. No. 2169, S.D. 1, H.D. 1, and recommends that it pass Third Reading.

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

____________________________

DAVID A. TARNAS, Chair