Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Commerce, Consumer Protection, and Housing, to which was referred S.B. No. 1015 entitled:

beg leave to report as follows:

The purpose of this measure is to require disclosure of all agricultural lands within five hundred feet of reclassified land.

Testimony in support of this measure was submitted by the Department of Agriculture, Big Island Farm Bureau, Hawaii Farm Bureau, and Kauai County Farm Bureau. Comments were also submitted by the Land Use Commission and the Hawaii Association of Realtors.

Your Committees find that as agricultural lands are reclassified to other classifications, agricultural operations that remain on neighboring parcels may cause mud, dust, spray drift, noise, and odor problems for the new owners. However, eliminating problems like odors or relocating the agriculture operations to new areas are usually expensive and may cause extreme economic hardship to the farmer. This measure requires instruments of conveyance for reclassified properties to disclose all agricultural parcels within five hundred feet. Specifically, disclosure is required if the property:

Your Committees have amended this measure by:

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Commerce, Consumer Protection, and Housing that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1015, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1015, S.D. 1, and be placed on the calendar for Third Reading.