Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committees on Commerce, Consumer Protection, and Housing and Water, Land, and Agriculture, to which was referred S.B. No. 2774, S.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to make plantation communities such as Kunia Camp a permitted, rather than a nonconforming, use within the state agricultural land use district.

Testimony in support of the measure was submitted by the International Longshore and Warehouse Union Local 142, Kunia Camp Association, Poamoho Camp Community Association, and two individuals. The Department of Planning and Permitting of the City and County of Honolulu opposed the measure. The Department of Agriculture and Executive Officer of the Land Use Commission as an individual offered comments.

Your Committees find that housing is a fundamental need which will shortly be denied to residents of Kunia Camp unless the State takes prompt affirmative action. Eviction notices are already being issued to residents following the announced closure of Del Monte Fresh Produce Kunia Plantation. Employees and former employees of the plantation must be assured that their homes are secure and protected against any action that might declare them an impermissible or illegal land use.

After hearing and considering the testimony offered on this measure, your Committees acknowledge that further discussion is warranted on the issues of transfer of ownership, property regime, development rights, infrastructure requirements, density limits, and the unexpected consequences of allowing "spot zoning" for plantation communities in transition. Nevertheless, it is critically important that the measure move forward to protect the homes of the current residents of Kunia Camp.

Your Committees have amended this measure to:

As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Housing and Water, Land, and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2774, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2774, S.D. 2, and be placed on the calendar for Third Reading.