Honolulu, Hawaii

, 2021


RE: H.B. No. 96

H.D. 1





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 H.B. No. 96 entitled:




begs leave to report as follows:


The purpose of this measure is to increase the maximum area for each agricultural shade cloth structure, cold frame, or greenhouse not used as a dwelling or lodging unit, that qualifies the structure for exemption from building permit and building code requirements.


Your Committee received testimony in support of this measure from the Department of Agriculture, Office of Planning, College of Tropical Agriculture and Human Resources of the University of Hawaii at Mānoa, Hawaii Farm Bureau, Hawaii Farming LLC, Big Island Produce Asset Holdings LLC, Aloun Farms, Ulupono Initiative, and one individual. Your Committee received comments on this measure from Hydroponics Alternatives LLC.


Your Committee finds that the COVID-19 pandemic has highlighted the need to diversify the State's economy, including the promotion of agricultural production. Your Committee further finds that certain low-risk agricultural structures -- i.e., agricultural shade cloth structures, cold frames, and greenhouses -- are provided a limited exemption from county building permits and building code requirements. By expanding the limited exemption for these specific low-risk agricultural structures, farmers will have the ability to flex their operations for bigger and more cost-effective protective structures to shelter crops from pest infestation, extreme temperature, excessive rains, long droughts, and feral animals. The broadened exemption proposed by this measure will aid in furthering agricultural production and development in the State.


Your Committee has amended this measure by changing its effective date to January 1, 2050, to encourage further discussion.


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 H.B. No. 96, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 96, H.D. 1.



Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,