STAND. COM. REP. NO. 1015

Honolulu, Hawaii

RE:    H.B. No. 975

       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. 975, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL WATER SYSTEMS,"

begs leave to report as follows:

     The purpose of this measure is to allow the Agribusiness Development Corporation to acquire or contract to acquire real, personal, or mixed property comprising an agricultural water system by grant, purchase, or gift exempt from county subdivision requirements for the purpose of providing water for irrigation of agricultural lands.

     Your Committee received testimony in support of this measure from one state agency and three organizations.  Testimony in opposition to this measure was received from one state agency.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

     Your Committee finds that this measure will benefit the development of diversified agriculture in Hawaii by making it easier for the Agribusiness Development Corporation to acquire and manage large-scale agricultural water systems from former plantation land for the benefit of local farmers and agribusinesses.   Your Committee further finds that exempting transferred real property from county subdivision requirements eliminates unnecessary cost and administrative burdens that do not provide a public benefit and have the potential to derail necessary conveyances of land.  Your Committee finds that this measure will assist the State in fulfilling its obligation under Article XI, Section 3 of the Hawaii State Constitution to "conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands." 

     Your Committee has amended this measure by clarifying that the exemption from county subdivision requirements applies only where no new lots are created by the acquisition of an agricultural water system by the Agribusiness Development Corporation. 

     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. 975, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 975, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

CLAYTON HEE, Chair