STAND. COM. REP. NO. 2486

Honolulu, Hawaii

RE:    S.B. No. 2350

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committees on Water, Land, and Housing and Agriculture, to which was referred S.B. No. 2350 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL LANDS,"

beg leave to report as follows:

     The purpose and intent of this measure is to allow the building of ohana dwellings on lands within the agricultural district, as permitted under section 205-6, Hawaii Revised Statutes.

     Your Committees received testimony in support of this measure from three Hawaii County Council Members, the Hawaii Association of Realtors, and one individual.  Your Committees received testimony in opposition to this measure from the Department of Agriculture and City and County of Honolulu Department of Planning and Permitting.  Your Committees received comments on this measure from the Hawaii Farm Bureau Federation.

     Your Committees find that allowing ohana dwelling units encourages the private sector to create more housing units without government subsidy, preserves green fields, and eases housing affordability.  Your Committees note that the County of Hawaii had previously allowed for ohana dwellings in agricultural districts until it was discovered that there were no existing state laws explicitly permitting ohana dwellings.  This measure will allow the counties to authorize special permits for the construction of ohana dwellings.

     Your Committees understand the concerns expressed by the Department of Agriculture and the City and County of Honolulu and have amended this measure by:

     (1)  Restricting ohana dwellings to counties with a population of 500,000 or less;

     (2)  Prohibiting an ohana dwelling from being designated as a limited common element in a condominium or rented as a single unit separate from the primary farm dwelling units;

     (3)  Clarifying that ohana dwellings must be located on and used in connection with a farm or located where agricultural activity provides income to the occupants of the farm dwelling; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Water, Land, and Housing and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2350, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2350, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________ CLARENCE K. NISHIHARA, Chair

____________________________ DONOVAN M. DELA CRUZ, Chair