STAND. COM. REP. NO. 487

Honolulu, Hawaii

RE: S.B. No. 381

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Public Safety, Intergovernmental, and Military Affairs and Agriculture and Environment, to which was referred S.B. No. 381 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 require the counties to adopt supplemental rules governing condominium property regimes, including agricultural lands held in condominium property regimes.

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

Your Committees find that better enforcement of agricultural uses on agricultural lands needs to be implemented. Your Committees therefore find that by requiring counties to adopt supplemental rules governing agricultural lands, this measure will help protect Hawaii's agricultural lands against encroachment of non-agricultural uses such as residential development that has little or no connection to bona fide farming activities.

Your Committees have amended this measure by requiring the counties to adopt supplemental ordinances, in addition to rules, to ensure conformance with applicable zoning and state land use restrictions and any applicable development permit approvals.

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

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental, and Military Affairs and Agriculture and Environment,

________________________________ MIKE GABBARD, Chair

________________________________ CLARENCE K. NISHIHARA, Chair