STAND. COM. REP. NO. 1581

Honolulu, Hawaii

, 2023

RE: S.B. No. 287

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Water & Land and Agriculture & Food Systems, to which was referred S.B. No. 287, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose of this measure is to authorize, for condominium projects located in agricultural districts, counties to require their approval of subdivisions of land greater than ten acres before the effective date of the condominium property regime.

Your Committees received testimony in support of this measure from the Department of Agriculture, Office of Planning and Sustainable Development, Department of Planning and Permitting of the City and County of Honolulu, Hawai‘i Farmers Union United. Your Committees received testimony in opposition to this measure from the Real Estate Commission. Your Committees received comments on this measure from the Department of the Attorney General.

Your Committees find that it is in the best interest of the public to further strengthen the counties' ability to enforce their zoning laws and permitted uses in agricultural districts.

Your Committees have amended this measure by:

(1) More appropriately placing language authorizing counties, for projects in agricultural districts that are greater than ten acres, to require their approval prior to the creation of the condominium property regime in the statutory section governing the creation of condominium property regimes, rather than the section governing the application for registration of a condominium property regime;

(2) Deleting references to the subdivision of land;

(3) Changing the effective date to June 30, 3000, to encourage further discussion; and

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

As affirmed by the records of votes of the members of your Committees on Water & Land and Agriculture & Food Systems that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 287, S.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 287, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committees on Water & Land and Agriculture & Food Systems,

____________________________ CEDRIC ASUEGA GATES, Chair

____________________________ LINDA ICHIYAMA, Chair