STAND. COM. REP. NO. 3754

Honolulu, Hawaii

RE: H.B. No. 2280

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Commerce and Consumer Protection, 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 specify that planned community associations cannot prohibit or unreasonably restrict the use of a member's enclosed yard area for personal agriculture.

Your Committee received testimony in support of this measure from Associa and three individuals. Your Committee received testimony in opposition to this measure from the Community Associations Institute Legislative Action Committee and three individuals.

Your Committee finds that the home cultivation of food can contribute to sustainability and can promote health and food security. Accordingly, this measure would allow members of planned community associations to use their enclosed yard spaces for personal agriculture purposes. Your Committee notes the concerns raised in testimony that this measure, as currently drafted, may lead to disputes on covenants enforcement and some definitions may be considered vague relating to "reasonable restrictions". Amendments to this measure are therefore necessary to address these concerns, but it is the clear intent and understanding of your Committee that this measure, as amended, will not grant associations the authority to restrict personal agriculture on property that is properly zoned for agricultural use.

Your Committee has amended this measure by:

(1) Clarifying that no association shall prohibit or unreasonably restrict the use of a unit owner's enclosed yard area for personal agriculture, provided that the use is not in violation of the association's existing master landscape plan or other restrictive covenants applicable to the unit;

(2) Amending the definition of "personal agriculture" to mean a use of land where an individual cultivates lawful edible plant crops for personal use or donation;

(3) Amending the definition of "reasonable restrictions" to mean restrictions that are reasonably necessary to protect neighbor unit owners or residents' use and enjoyment of their property and do not unreasonably increase the cost of engaging in personal agriculture or unreasonably decrease its efficiency; and

(4) 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 and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2280, H.D. 2, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2280, H.D. 2, S.D. 1.

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

________________________________

ROSALYN H. BAKER, Chair