STAND. COM. REP. NO. 534-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2338

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2338, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE EXEMPTION OF LEASES AND UTILITY AND ACCESS EASEMENTS,"

begs leave to report as follows:

The purpose of this bill is to exempt agricultural land leases, access easements, and utility easements from the prohibition on private restrictions on agricultural uses and activities within state agricultural districts under section

205-4.6, Hawaii Revised Statutes.

The Department of Agriculture, Department of Land and Natural Resources, Hawaii Farm Bureau Federation, Hawaiian Electric Company, Inc., Verizon Hawaii, Land Use Research Foundation of Hawaii, and Kamehameha Schools testified in support of this measure.

Your Committee believes this revision will:

(1) Assure continued opportunities to lease lands for agriculture production;

(2) Avoid disruption of utility services; and

(3) Allow necessary movement across agricultural parcels.

Your Committee has amended this bill by:

(1) Amending language to more specifically describe the type of transactions that would not be included under the amendments to section 205-4.6, Hawaii Revised Statutes, proposed in this bill, including:

(A) Leases, licenses, permits, or other tenancies of land and improvements intended for agricultural uses or activities;

(B) Easements for utilities, waterlines, ditches, drainage or flowage of water, telecommunications facilities, sewer lines, access, or such similar easements; or

(C) Rights of entry or other short-term agreements;

(2) Changing the effective date to July 1, 2050, to:

(A) Allow time to review the new language and scrutinize it for unintended additions or omissions; and

(B) Facilitate further discussion;

and

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

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2338, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2338, H.D. 2.

 

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

 

____________________________

ERIC G. HAMAKAWA, Chair