STAND. COM. REP. NO.  381

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 406

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Agriculture, to which was referred H.B. No. 406 entitled:

"A BILL FOR AN ACT RELATING TO IRRIGATION,"

begs leave to report as follows:

     The purpose of this bill is to revise the requirements for landowners who wish to apply for funding assistance from the Irrigation Repair and Maintenance Special Fund by:

     (1)  Repealing the existing requirement that the landowner agree to file a petition for declaratory ruling designating a majority of all land served by the irrigation system as important agricultural land;

     (2)  Requiring that the landowner dedicate lands to be served by the irrigation system to agricultural use for no fewer than ten years pursuant to county ordinance; and

     (3)  Clarifying that the landowner must agree to actively use, or provide for the active use of, all lands for agricultural production if those lands continue to be owned or controlled by the landowner.

     The Hawaii Farm Bureau Federation and the Hawaii Crop Improvement Association supported this bill.  The Department of Agriculture opposed this bill.  The Economic Development Alliance of Hawaii and Hawi Agricultural and Energy Corporation submitted comments.

     Your Committee has amended this measure by:

     (1)  Changing its effective date to July 1, 2050, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 406, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 406, H.D. 1, and be referred to the Committee on Finance.

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

____________________________

CLIFT TSUJI, Chair