STAND. COM. REP. NO. 2250

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 3194
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Economic Development, to which was
referred S.B. No. 3194 entitled: 

     "A BILL FOR AN ACT RELATING TO THE RIGHT TO FARM,"

begs leave to report as follows:

     The purpose of this measure is to declare farming operations
consistent with generally accepted agricultural practices on
agriculture zoned land and farming operations established prior
to surrounding nonfarming operations on lands zoned other than
agriculture, to be presumed reasonable and not a nuisance unless
the activity has a substantial adverse effect on the public
health and safety.

     Testimony in favor of this measure was submitted by the
Department of Agriculture, Hawaii Farm Bureau, Big Island Farm
Bureau, Maui County Farm Bureau, Hawaii Agriculture Research
Center, Hawaii's Thousand Friends, Life of the Land, and one
individual.

     Your Committee finds that it is prudent to review laws such
as the Right to Farm Act, first approved in 1982, and update
these laws in response to changing conditions.  This measure
addresses increased expansion of nonagricultural developments in
traditional agricultural areas.  Your Committee has heard
considerable discussion on the difficulties of maintaining
successful farming operations in Hawaii, and the growing
conflicts between farmers and their increasingly urbanized
neighbors.

 
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                                   STAND. COM. REP. NO. 2250
                                   Page 2


     Your Committee has also heard a number of concerns regarding
this measure as drafted, particularly with regards to defining
terms used and with the proposed language concerning farms
existing prior to surrounding development of nonfarm uses.  Your
Committee, therefore, has amended this measure to add a
definition for "generally accepted agricultural and management
practices" and to clarify that farming operations conducted
consistent with generally accepted agricultural and management
practices shall not constitute a nuisance.

     As affirmed by the record of votes of the members of your
Committee on Economic Development that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 3194, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 3194,
S.D. 1, and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Economic
                                   Development,



                                   ______________________________
                                   LORRAINE R. INOUYE, Chair

 
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