STAND. COM. REP. NO. 3280

Honolulu, Hawaii

RE: H.B. No. 2280

H.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Agriculture and Environment, to which was referred H.B. No. 2280, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO REAL PROPERTY,"

begs leave to report as follows:

The purpose and intent of this measure is to prohibit planned community associations from unreasonably restricting the use of a member's enclosed yard area for personal agriculture.

Your Committee received testimony in support of this measure from Mahiku A‘o Mai Food Security Services. Your Committee received testimony in opposition to this measure from Associa; Law Offices of Philip S. Nerney, LLLC; and Community Associations Institute Legislative Action Committee.

Your Committee finds that agriculture, including personal agriculture, is highly valued in Hawaii. Many individuals and families in the State rely on personal agricultural crops to supplement purchases of food. The ability to grow crops allows those individuals and families to achieve greater food security and promotes healthier lifestyles. However, some community associations unnecessarily restrict their members' ability to grow crops on private property. This measure prohibits community associations from unreasonably restricting their members from engaging in personal agricultural production in enclosed yard areas.

As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2280, H.D. 2, and recommends that it pass Second Reading and be referred to your Committee on Commerce and Consumer Protection.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,

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MIKE GABBARD, Chair