STAND. COM. REP. NO. 2009

Honolulu, Hawaii

, 2025

RE: S.B. No. 443

S.D. 1

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 443, S.D. 1, H.D. 1, entitled:

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

begs leave to report as follows:

The purpose of this measure is to require lands within the agricultural district that have solar energy facilities to obtain certification from the Department of Agriculture that the lands are also used for farming operations.

Your Committee received testimony in support of this measure from the Land Use Commission; Agribusiness Development Corporation; Ulupono Initiative; Hawaiʻi Farm Bureau; 350Hawaii.org; Hawaiʻi Food+ Policy; Hawaiʻi Farmers Union; and Hawaii Cattlemen's Council, Inc. Your Committee received comments on this measure from the Department of Agriculture and Hawaii State Energy Office.

Your Committee finds that existing law allows for the establishment of solar energy facilities placed within land with soil classified as overall productivity rating class B or C as long as the facilities do not occupy more than ten percent of the parcel, or twenty acres, whichever is less. Your Committee further finds that once agricultural land is diverted from agricultural use to other development, those lands face significant barriers in returning to food production. Consequently, it has been projected that fifty percent of class B lands and twenty percent of class C lands will be lost to solar development. This measure provides an additional safeguard before valuable agricultural land is diverted by requiring the Department of Agriculture to certify the land's concurrent use for farming operations.

Your Committee has amended this measure by:

(1) Specifying that lands within the agricultural district that produce wind-generated energy for public, private, and commercial use; have wind machines and wind farms; or have wind energy facilities are also required to obtain certification that the lands are also used for farming operations; and

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

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 443, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 443, S.D. 1, H.D. 2.

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

____________________________

SCOT Z. MATAYOSHI, Chair