STAND. COM. REP. NO. 3394

Honolulu, Hawaii

RE: S.B. No. 2812

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Ways and Means, to which was referred S.B. No. 2812, 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 address issues related to the transfer of certain non-agricultural park lands authorized by Act 90, Session Laws of Hawaii 2003 (Act 90).

Specifically, this measure:

(1) Includes the care and production of pasture lands as an agricultural activity on non-agricultural park lands;

(2) Requires the Department of Land and Natural Resources to transfer certain non-agricultural park lands to the Department of Agriculture;

(3) Requires the Department of Land and Natural Resources to accept and return to its land inventory certain parcels or portions of parcels determined by the Department of Agriculture to be unsuitable or unnecessary for agricultural use;

(4) Requires reports to the Legislature regarding these land transfers; and

(5) Appropriates funds for the purposes of this Act.

Your Committee received written comments in support of this measure from the Department of Agriculture; Hawaii Beef LLC; Larry Jefts Farms, LLC; County Farm Bureau; Flowers Forever; Pembrook Industries; Aikane Plantation; Hawaii Food Products Inc.; Momona Farm; Mahi Pono; Hawaii Coconut Protectors LLC; M. Kawamura Farm; Wines of Kauai, LLC; Waihale Products; KM Farm and Ranch; Consult and Construct, LLC; Kauai Community Science Center; Meadow Gold Dairies; Matsuda-Fukuyama Farms; Hartung Brothers; Hawaii Cattlemen's Council; Hawaii Aquaculture and Aquaponics Association; Land Use Research Foundation of Hawaii; McCandless Ranch; Maui County Farm Bureau; Local Food Coalition; Hawaii Crop Improvement Association; Ponoholo Ranch Limited; Hawaii Farm Bureau; Kapapala Ranch; New Island Feed, Inc.; Hawaii Farm Bureau Federation; Melvin Kunitake Farm; Kamiya Papaya; Kunia Village Title Holding Corporation; Pacific Ag Consultants; Ajar Inc.; Kahuku Farmers Inc.; Hawaii Meats LLC; Ulupono Initiative; Seymour Resources Hawaii; and numerous individuals.

Your Committee received written comments in opposition to this measure from the Office of Hawaiian Affairs, Department of Land and Natural Resources, Sierra Club of Hawaii, Ahahui Malama I Ka Lokahi/Hawaiians for the Conservation of Native Ecosystems, Conservation Council for Hawaii, and eight individuals.

Your Committee finds that this measure addresses the concerns of the lessees of many large acreages of land, primarily farmers and ranchers, who were notified that the lands they lease would be transferred to the Department of Agriculture pursuant to Act 90, Session Laws of Hawaii 2003. Your Committee further finds that in the intervening seventeen years since the enactment of Act 90, the lands authorized for transfer remain with the Department of Land and Natural Resources.

Your Committee has amended this measure by:

(1) Requiring, by no later than June 30, 2021, the Department of Land and Natural Resources to transfer certain non-agricultural park lands, listed by tax map key number, to the Department of Agriculture as authorized by section 166E-3, Hawaii Revised Statutes;

(2) Requiring that the land transfers be executed without limitation; and

(3) Making technical nonsubstantive amendments 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. 2812, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2812, S.D. 2.

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

________________________________

DONOVAN M. DELA CRUZ, Chair