STAND. COM. REP. NO. 1352

Honolulu, Hawaii

, 2019

RE: S.B. No. 381

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Water, Land, & Hawaiian Affairs and Agriculture, to which was referred S.B. No. 381, S.D. 2, entitled:

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

beg leave to report as follows:

The purpose of this measure is to protect agricultural land from the encroachment of non-agricultural uses by requiring the counties to adopt ordinances and rules to ensure conformance of the use and development of agricultural land held under a condominium property regime with state and county zoning, land use district, and permit requirements. This measure also requires condominium projects on agricultural land to comply with applicable county subdivision ordinances and rules.

Your Committees received testimony in support of this measure from the Board of Agriculture, Department of Planning and Permitting of the City and County of Honolulu, and O‘ahu County Committee on Legislative Priorities of the Democratic Party of Hawai‘i. Your Committees received testimony in opposition to this measure from the Hawaii Cattlemen's Council. Your Committees received testimony with comments on this measure from the Office of Planning and Land Use Research Foundation of Hawaii.

Your Committees have amended this measure by:

(1) Deleting its substantive contents;

(2) Inserting new language that directs the Office of Planning, Land Use Commission, Real Estate Commission, and Honolulu Department of Planning and Permitting to study state and county subdivision and condominium property regime laws as they relate to agricultural land on Oahu and to report findings and recommendations to the Legislature; and

(3) Changing its effective date to July 1, 2050.

Your Committees recognize that this measure relates specifically to land uses in agricultural districts on Oahu. It is your Committees' intent to limit the scope of the study required by this measure to a manageable data set for the purposes of this initial investigation. Your Committees anticipate that the results of this study will be a useful starting point that will inform further investigation into issues involving use and development of agricultural lands.

As affirmed by the records of votes of the members of your Committees on Water, Land, & Hawaiian Affairs and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 381, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 381, S.D. 2, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

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

____________________________ RICHARD P. CREAGAN, Chair

____________________________ RYAN I. YAMANE, Chair