STAND. COM. REP. NO. 3478

Honolulu, Hawaii

RE: H.B. No. 2084

H.D. 3

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committees on Agriculture and Environment and Water and Land, to which was referred H.B. No. 2084, H.D. 3, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to:

(1) Allow landowners and lessees of important agricultural lands to apply to the counties to develop, construct, and maintain farm cluster housing on the lands for rent to farmers and farm employees who actively and currently farm on the land, subject to certain exemptions; and

(2) Remove restrictions on farm dwellings on important agricultural lands that are stricter than that for farm dwellings within agricultural districts.

Your Committees received testimony in support of this measure from the Department of Business, Economic Development, and Tourism; Department of Agriculture; Office of Planning and Sustainable Development; Department of Planning and Permitting of the City and County of Honolulu; Hawai‘i Farm Bureau; Maui Chamber of Commerce; and one individual. Your Committees received testimony in opposition to this measure from the Makahanaloa Fishing Association and one individual.

Your Committees find that Act 233, Session Laws of Hawaii 2008 (Act 233), established incentives to promote agricultural productivity on the State's important agricultural lands. One incentive included in Act 233 was a provision that allowed landowners to develop, construct, and maintain farm dwellings and employee housing under certain conditions. Although the provision was intended as an incentive, it inadvertently imposed more restrictive standards on farm dwellings than the existing requirements. Given the importance of affordable housing for farmers and farm workers, it is necessary for the State to allow for greater development of farm dwellings on important agricultural lands. This measure allows landowners and lessees of important agricultural lands to develop, construct, and maintain farm housing, provided they receive approval from the county in which the important agricultural lands are located.

Your Committees have amended this measure by deleting language that would have exempted counties that impose less restrictive requirements for farm cluster housing.

As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2084, H.D. 3, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2084, H.D. 3, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Water and Land,

________________________________ LORRAINE R. INOUYE, Chair

________________________________ MIKE GABBARD, Chair