STAND. COM. REP. NO. 2450

Honolulu, Hawaii

RE:    S.B. No. 3210

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committees on Agriculture and Hawaiian Affairs and Water and Land, to which was referred S.B. No. 3210 entitled:

"A BILL FOR AN ACT RELATING TO LAND USE,"

beg leave to report as follows:

     The purpose of this measure is to establish the State's sole jurisdiction over land in agricultural districts.

     Testimony in support of the intent of this measure was submitted by the Hawaii Farm Bureau Federation and the Land Use Research Foundation.  Testimony in opposition to this measure was submitted by the County of Hawaii Planning Department; Department of Business, Economic Development and Tourism, Office of Planning; Department of Agriculture; and the City and County of Honolulu Department of Planning and Permitting.

     Your Committees find that there is a need to clarify land use policy by establishing clear lines of jurisdiction for agricultural and rural lands.  There is also concern over agricultural lands being allowed to be developed in a manner inconsistent with their intended agricultural usage.

     By tasking the State with oversight of agricultural lands, similar to the State's protection of conservation land, Hawaii will be living up to its constitutional mandate to support and sustain agriculture as an industry.

     Parallel to this, the counties are in a better position to oversee not only urban areas, but rural lands as well.  As the important agricultural lands designation process moves forward, additional lands may be reclassified to rural.

     Your Committees have amended this measure by:

     (1)  Amending the effective date to July 1, 2050, to facilitate further consideration; and

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

     As affirmed by the records of votes of the members of your Committees on Agriculture and Hawaiian Affairs and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3210, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3210, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Hawaiian Affairs and Water and Land,

____________________________ CLAYTON HEE, Chair

____________________________ JILL TOKUDA, Chair