STAND. COM. REP. NO.  1107-14


Honolulu, Hawaii

                , 2014


RE:   S.B. No. 2775

      S.D. 1

      H.D. 1





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii




     Your Committee on Agriculture, to which was referred S.B. No. 2775, S.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to protect agricultural lands with a productivity rating of class A and at the same time permit a solar energy facility thereon by permitting the facility only if:


(1)    The solar energy facility is on a paved or unpaved road that has been in existence as of December 31, 2013; and


(2)    Vehicular traffic can still use the road.


     The Hawaii Agriculture Research Center; Hawaii Farm Bureau Federation; Hawaii Cattlemen's Council, Inc.; and a concerned individual supported the bill.  The Department of Agriculture supported the intent of this measure.  The Department of Business, Economic Development, and Tourism, Land Use Commission, and Office of Planning commented on the bill.


     Your Committee has amended this measure by:


(1)    Requiring the following additional conditions to permit a solar energy facility on class A agricultural lands:


(A)    A special use permit granted by the Land Use Commission; and


(B)    The parcel of land upon which the paved or unpaved road is located has a valid county agriculture tax dedication status or valid agricultural conservation easement;


(2)    Repealing the permissible use on June 30, 2019, and providing for the continued operation of the facility after June 30, 2019, and conditions for the facility's removal at the end of the facility's operable life; and


(3)    Making technical, nonsubstantive amendments were also made for style, consistency, and clarity.


     As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2775, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2775, S.D. 1, H.D. 1, and be referred to the Committees on Energy & Environmental Protection and Water & Land.


Respectfully submitted on behalf of the members of the Committee on Agriculture,