STAND. COM. REP. NO. 196-00

                                 Honolulu, Hawaii
                                                   , 2000

                                 RE: H.B. No. 2999
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Agriculture, to which was referred H.B.
No. 2999 entitled: 

     "A BILL FOR AN ACT RELATING TO THE RIGHT TO FARM,"

begs leave to report as follows:

     The purpose of this bill is to strengthen the Hawaii Right
to Farm Act by:

     (1)  Grandfathering non-nuisance farming operations that
          existed prior to the establishment of surrounding
          nonfarming operations on lands zoned other than
          agriculture;

     (2)  Amending the provision awarding court and attorney fees
          to defendants for frivolous lawsuits against
          agricultural operations; and

     (3)  Including commercial silvicultural facilities and
          activities under the definition of "farming operation".

     The Hawaii Farm Bureau Federation, Life of the Land, and the
Hawaii Agriculture Research Center testified in support of the
measure.  The Department of Agriculture testified in support of
the intent of the measure.  Comments were submitted by the Maui
County Farm Bureau.


 
 
 
 
                                 STAND. COM. REP. NO. 196-00
                                 Page 2

 
     Your Committee recognizes the importance of Hawaii's Right
to Farm Act in helping to reduce the economic risks and legal
liabilities that can occur when nonagricultural land uses extend
into agricultural areas.  This bill is intended to limit the
circumstances under which farming operations may be deemed to be
a nuisance, thereby supporting the sustainability of farming
operations.

     Your Committee has amended this bill by:

     (1)  Defining "generally accepted agricultural and
          management practices" as those practices as defined by
          the Board of Agriculture;

     (2)  Providing that farming operations that have been
          conducted in a manner consistent with generally
          accepted agricultural and management practices are not
          nuisances; and

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

     As affirmed by the record of votes of the members of your
Committee on Agriculture that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2999, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 2999, H.D. 1, and
be referred to the Committee on Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Agriculture,



                                   ______________________________
                                   FELIPE P. ABINSAY, JR., Chair