STAND. COM. REP. NO. 2246

Honolulu, Hawaii

RE:    S.B. No. 3011

       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. 3011 entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to require the Department of Land and Natural Resources to transfer title to all lands under its jurisdiction that are within an agricultural land use district to the Agribusiness Development Corporation by January 1, 2013, excluding lands that are being used by the Department for its offices or other administrative purposes.

     Your Committees received testimony in support of this measure from the Hawaii Farm Bureau Federation.  Your Committees received testimony in opposition to this measure from the Department of Land and Natural Resources, Department of Agriculture, Agribusiness Development Corporation, and two private individuals.

     Your Committees find that the Agribusiness Development Corporation was created as a rapid response agency to stabilize deteriorating plantation water systems and vacant plantation lands and transition these lands and infrastructure into use for diversified agriculture.  It was designed to be entrepreneurial in practice, with exemptions to quickly put diversified farmers onto land and settle issues related to the difficult and complex transition process.  Your Committees therefore find that the Agribusiness Development Corporation is a more appropriate agency, as it is more familiar with the agriculture industry, to manage public lands within the agricultural land use district that are currently managed by the Department of Land and Natural Resources.

     Accordingly, your Committees have amended this measure by:

     (1)  Deleting the language that transferred title to all public lands under the jurisdiction of the Department of Land and Natural Resources and within an agricultural land use district to the Agribusiness Development Corporation;

     (2)  Adding language that requires the Department of Land and Natural Resources to transfer the parcels of land identified by tax map key numbers (9)4-0-12:001, (9)4-0-12:002, and (9)4-0-12:003 to the Agribusiness Development Corporation no later than January 1, 2013;

     (3)  Adding language to make the necessary transfers of rights, powers, functions, duties, and references to the Agribusiness Development Corporation; and

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

     However, your Committees are concerned about the broadness of the language and find that only certain parcels should be transferred. 

     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. 3011, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3011, S.D. 1, and be referred to the Committee on Ways and Means.

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