Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 953 entitled:

begs leave to report as follows:

The purpose of this measure is to require sellers of residential property to disclose the close proximity of agricultural lands to buyers.

Testimony in support of this measure was submitted by the City and County of Honolulu Department of Planning and Permitting, Big Island Farm Bureau, and Hawaii Farm Bureau. Testimony in opposition to this measure was submitted by the Hawaii Association of Realtors.

Your Committee finds that as agricultural-zoned lands are being re-zoned for non-agricultural residential uses, the agricultural operations that remain on the former sugar and pineapple lands cause mud, dust, spray drift, noise, and odor problems for the new residents. This measure requires sellers of residential property to disclose the proximity of agricultural lands within one thousand lineal feet by including this geographic information in the disclosure statement provided to buyers.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 953 and recommends that it pass Second Reading and be referred to the Committee on Commerce, Consumer Protection, and Housing.