STAND. COM. REP. NO.2119

Honolulu, Hawaii

, 2002

RE: S.B. No. 2007

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Water, Land, Energy and Environment, to which was referred S.B. No. 2007 entitled:

"A BILL FOR AN ACT RELATING TO LAND USE,"

begs leave to report as follows:

The purpose of this measure is to authorize the counties to permit home occupations in the agricultural district without requiring a state special permit.

Testimony in support of this measure was received from the Department of Business, Economic Development, and Tourism Office of Planning, Department of Agriculture, City and County of Honolulu Department of Planning and Permitting, and County of Hawaii Planning Department. The Sierra Club Hawai`i Chapter testified in opposition.

Your Committee finds that in these difficult economic times, home occupations may help individuals and families make ends meet. The issue is how to assist Hawaii's farmers while adhering to the State's policy of keeping agricultural land affordable for farmers, ensuring that agricultural land is used for agricultural purposes, and protecting important agricultural lands.

Your Committee believes that the measure does contain safeguards, as it authorizes home occupations only within structures already allowed under Chapter 205, Hawaii Revised Statutes (HRS), the home occupation must meet standards and criteria adopted by the county, and must be limited in extent and incidental to the uses of the dwelling for residential purposes.

Your Committee has heard, however, concerns raised regarding the clarity of some of the proposed amendments. As a result, your Committee has amended this measure to:

(1) Delete the addition of "home occupation" and the reference to "structures accessory to allowed single-family dwellings" in Section 205-2(d), HRS;

(2) Further clarify the definition of "home occupation" in the same section; and

(3) Add new language in Section 205-4.5, HRS, to refer to "home occupations" as provided in Section 205-2(d), HRS.

As affirmed by the record of votes of the members of your Committee on Water, Land, Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2007, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2007, S.D. 1, and be referred to the Committee on Tourism and Intergovernmental Affairs.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Energy and Environment,

____________________________

LORRAINE R. INOUYE, Chair