STAND. COM. REP. NO. 2410

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2197

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committees on Energy and Environment and Agriculture, to which was referred S.B. No. 2197 entitled:

 

"A BILL FOR AN ACT RELATING TO LAND USE,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to expand the classes of agricultural lands that are exempt from subdivision requirements for purposes of leases or easements for renewable energy facilities.

 

     Your Committees received testimony in support of this measure from Hawaii Solar Energy Association and one individual.  Your Committees received comments on this measure from the Department of Agriculture; Department of Business, Economic Development, and Tourism; and one individual.

 

     Your Committees find that Act 217, Session Laws of Hawaii 2011, allowed solar energy facilities on class B and C agricultural land.  However, the subdivision exemption only applies to class D and E agricultural lands.  The amendments proposed by this measure will bring the subdivision exemption statute in line by allowing subdivision exemptions for solar energy facilities on class B and C agricultural lands.

 

     Your Committees understand that the Department of Agriculture would like for agriculture to remain the primary activity on agricultural land.  Your Committees understand this concern but are interested in striking a balance that will preserve agriculture activity and also permit appropriate renewable energy development on agricultural land.

 

     Your Committees have amended this measure by:

 

     (1)  Adding language that will limit a proposed subdivision to no more than two easements per legal lot on state agricultural land with class B or C soils;

 

     (2)  Amending language in section 201N-14(d)(3)(A), Hawaii Revised Statutes, to provide consistency with the allowances in section 205-2(d)(6), Hawaii Revised Statutes;

 

     (3)  Inserting language conditioning the use of solar energy facilities on state agricultural land with class B, C, or D soils by adding a provision that requires ongoing activity on agricultural land, unless a non-utility generator application for a project was submitted to an electric utility, or a proposed project was submitted to the Public Utilities Commission prior to the effective date of this measure; and

 

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

 

     As affirmed by the records of votes of the members of your Committees on Energy and Environment and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2197, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2197, S.D. 1, and be referred to the Committee on Water, Land, and Housing.

 

Respectfully submitted on behalf of the members of the Committees on Energy and Environment and Agriculture,

 

____________________________

CLARENCE K. NISHIHARA, Chair

 

____________________________

MIKE GABBARD, Chair