STAND. COM. REP. NO. 1673
RE: S.B. No. 186
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 186, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO RESTRICTIONS ON AGRICULTURAL USES AND ACTIVITIES,"
begs leave to report as follows:
The purpose of this measure is to prohibit the enforcement of a re-recorded homeowners' association restriction if the restriction prohibits bona fide agricultural uses and activities on agricultural lands.
Your Committee received testimony in support of this measure from the Office of Planning, Hawai‘i Farm Bureau, Wootens Produce of Kauai, and one individual. Your Committee received comments on this measure from the Department of Agriculture.
Your Committee finds that restrictive covenants that limit agricultural uses and activities on agricultural lands undermine the State's interest in protecting and preserving agricultural resources and promoting agricultural self-sufficiency. This measure clarifies that renewed covenants restricting agricultural uses and activities within the State Land Use Agricultural District are considered new contracts and therefore voidable, subject to special restrictions.
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. 186, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,
AARON LING JOHANSON, Chair