Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2338 entitled:

begs leave to report as follows:

The purpose of this bill is to exempt leases, utility easements, and access easements from the prohibition of private restrictions on agricultural uses and activities within the agricultural lands.

The Department of Land and Natural Resources, the Department of Agriculture, Verizon Hawaii, Hawaiian Electric Company and its subsidiaries, Hawaii Electric Light Company and Maui Electric Company, Land Use Research Foundation of Hawaii, and Hawaii Reserves, Inc., testified in support of this measure.

Your Committee has amended this bill to clarify that only agricultural land leases and not leases for other uses on agricultural land are exempt from the prohibition on private restrictions.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2338, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as H.B. No. 2338, H.D. 1.