STAND. COM. REP. NO. 982

Honolulu, Hawaii

RE: S.B. No. 381

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 381, S.D. 1, entitled:

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

begs leave to report as follows:

The purpose and intent of this measure is to require the counties to adopt supplemental ordinances and rules on condominium property regimes, including agricultural lands held in condominium property regimes.

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

Your Committee finds that better enforcement of agricultural uses on agricultural lands should be implemented. This measure clarifies the relationship between county ordinances and condominium property regimes, including agricultural lands held in condominium property regimes, which will ensure conformance of condominium property regimes with the underlying county zoning and state land use district and applicable development permits. By allowing county participation in the condominium property regime process, the counties will be able to develop specific measures to address the particular enforcement issues each county faces with respect to regulating uses and development on lands under condominium property regimes.

Your Committee has amended this measure by:

(1) Specifying that the declaration required to be executed and recorded when creating a condominium property regime in the agricultural district shall include an additional statement declaring that the condominium property regime complies with applicable county subdivision ordinances and rules; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 381, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 381, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

________________________________

ROSALYN H. BAKER, Chair