STAND. COM. REP. NO. 2784

Honolulu, Hawaii

RE: S.B. No. 481

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 481, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to implement constitutionally required protections for certain agricultural lands by providing grants-in-aid to the counties to identify and map important agricultural lands.

For purposes of a public hearing, your Committee circulated a proposed S.D. 2 (Proposed Draft) of the measure and notified the public that your Committee would be accepting testimony on the Proposed Draft, which deletes the contents of the S.D. 1 of this measure and establishes a definition of "landowner" for the statutory provisions relating to the identification and designation of important agricultural lands.

Your Committee received testimony in support of the Proposed Draft from the Agribusiness Development Corporation, Hawaii Farm Bureau Federation, and Hawaii Cattlemen's Council.

Your Committee received comments on the Proposed Draft from the State Land Use Commission; Department of Agriculture; Office of Planning; Planning Department, County of Hawaii; and Department of Planning and Permitting, City and County of Honolulu.

Your Committee finds that there is ambiguity regarding whether tenants on state lands are eligible to receive benefits from designating their fields as important agricultural lands. Your Committee further finds that adding a definition of "landowner" will encourage more farmers and agricultural operations to participate in the important agricultural lands program.

Your Committee has amended this measure by adopting the Proposed Draft with the following additional amendments:

(1) Restoring the existing language of the definition of "important agricultural lands" to mean lands identified pursuant to Part III of Chapter 205, Hawaii Revised Statutes;

(2) Amending the definition of "landowner" with regard to tenants, to only include tenants of public lands; and

(3) Making technical nonsubstantive changes for purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 481, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 481, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

DONOVAN M. DELA CRUZ, Chair