STAND. COM. REP. NO. 1185

Honolulu, Hawaii

RE:    H.B. No. 1436

       H.D. 1

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred H.B. No. 1436, H.D. 1, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

begs leave to report as follows:

     The purpose of this measure is to amend the permitted uses of land within the agricultural district with soil classifications of A or B to include agricultural education programs conducted on a farming operation.

     Testimony in support of this measure was submitted by two state agencies, two organizations, and two public citizens.  One county agency and one organization submitted comments.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

     Your Committee finds that the law presently does not clearly authorize a farmer to provide educational programs within state agricultural districts, and the only option is to pursue a special use permit at either the county or state level.  Farm educational programs encourage career paths in agriculture, raise public awareness, and increase demand for locally produced agricultural products.  On-farm educational programs connect consumers to farming and farmers.  Clarifying that educational programs are permitted in state agricultural districts will eliminate the need for the costly and time consuming process of applying for a special use permit and ensure that farmers can include planned educational facilities as part of their agricultural lease terms.

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1436, H.D. 1, S.D. 1, and recommends that it pass Third Reading.

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

____________________________

CLAYTON HEE, Chair