STAND. COM. REP. NO. 2486

Honolulu, Hawaii

RE:    S.B. No. 2241

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committees on Agriculture, Water and Land, and Hawaiian Affairs, to which was referred S.B. No. 2241 entitled:

"A BILL FOR AN ACT RELATING TO THE PROTECTION OF TARO,"

beg leave to report as follows:

     The purpose and intent of this measure is to prohibit the Board of Land and Natural Resources, in declaring residential development areas and acquiring lands therein, from disturbing lands and infrastructure used or to be used for wetland taro growing, including ancient wetland taro lands and structural elements of ancient taro-growing systems.

     Your Committees received testimony in support of this measure from the Taro Security and Purity Task Force, Hui ‘O Malama ‘Aina, Pesticide Action Network North America, Seeds of Truth, Kaaawa Community Association, Paradise Action Women's Alliance, Center for Food Safety, Waihuena Farm, Hawaii Sustainable Community Alliance, and fifty-two individuals.  Your Committees received comments on this measure from the Department of Land and Natural Resources and Hawaii Farmers Union United.

     Your Committees find that taro is a high-yielding, nutrient-rich crop that is intertwined with the Hawaiian culture and has the potential to significantly increase the State's food security.  As a result, the taro security and purity task force established under Act 211, Session Laws of Hawaii 2008, recommends improved protections for taro lands.

     Your Committees, however, have concerns about this measure's effectiveness.  Some committee members are concerned that this measure does not go far enough in protecting taro lands.  They would like to see specific parcels of land identified and designated by the Department of Land and Natural Resources for taro production purposes only.  Other committee members are concerned that although this measure protects taro lands from development, it does not ensure that these lands have a sufficient water source, which is vital to successful taro production.  One committee member noted that, if taro lands do have an adequate water source, the land may require a federal exemption from the Clean Water Act, which may be a significant financial and administrative burden on taro farmers.  As this measure moves forward in the legislative process, your Committees would like this measure to specify the parcels of land that are to be protected considering the lands' nexus with water and other practical concerns.

     Your Committees have amended this measure by inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Agriculture, Water and Land, and Hawaiian Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2241, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2241, S.D. 1, and be placed on the calendar for Third Reading.

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

____________________________ MALAMA SOLOMON, Chair	____________________________ CLARENCE K. NISHIHARA, Chair
	____________________________ MAILE S.L. SHIMABUKURO, Chair