Honolulu, Hawaii


RE: S.B. No. 941

S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




Your Committees on Agriculture and Environment and Water and Land, to which was referred S.B. No. 941 entitled:




beg leave to report as follows:


The purpose and intent of this measure is to require an owner or occupier of agricultural land to notify the Land Use Commission of the agricultural uses for which the land was subdivided, sold, or leased and to grant the Commission enforcement authority over conditions, restrictions, uses, and subdivision of agricultural lands, including the right to enter and inspect lands, issue orders, and impose fines or liens for violations.


Your Committees received testimony in support of this measure from the Office of Planning, Oahu County Committee on Legislative Priorities of the Democratic Party of Hawaii, and Farm Maui LLC. Your Committees received comments on this measure from the Land Use Commission and the Department of Agriculture.


Your Committees find that the abuse of agricultural lands is a significant problem in the State. Your Committees further find that this measure provides the Land Use Commission with the authority to monitor and cite violators of improper agricultural land uses and activities and requires owners and occupants of agricultural land to submit to the Land Use Commission the planned use for the specific parcel whenever the land parcel is subdivided, sold, or leased.


Your Committees additionally find that the Land Use Commission would require funding to fulfill its enforcement duties pursuant to this measure.


Your Committees have amended this measure accordingly by:


(1) Inserting an appropriation of $150,000 for fiscal years 2019-2020 and 2020-2021 for the Land Use Commission to perform enforcement duties; and


(2) 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 Agriculture and Environment and Water and Land that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 941, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 941, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.


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