STAND. COM. REP. NO. 332
RE: S.B. No. 340
Honorable Ronald D. Kouchi
President of the Senate
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Your Committees on Agriculture and Environment and Water and Land, to which was referred S.B. No. 340 entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURAL LANDS,"
beg leave to report as follows:
purpose and intent of this measure is to amend certain land subdivision and condominium
property regime laws related to agricultural land, as recommended pursuant to
Act 278, Session Laws of Hawaii 2019, to ensure:
(1) Farm dwellings on agricultural lands are accessories to a farm, or where the agricultural activities provide income of no less than $10,000 per year to the family occupying the dwelling, and verified by general excise tax return filing or agricultural tax dedication;
(2) Structures on subdivided leasehold subdivisions of agricultural land are subject to county enforcement authority; and
(3) Applications for registration of condominium property regimes of agricultural land include county comments regarding the availability of supportive infrastructure, any potential impact on government plans and resources, other requirements pursuant to county ordinances and rule, and the developer's public report pursuant to section 514B-52, Hawaii Revised Statutes.
Your Committees received testimony in support of this measure from the Department of Agriculture, Department of Commerce and Consumer Affairs Real Estate Commission, Office of Planning, one member of the County Council of Maui, City and County of Honolulu Department of Planning and Permitting, Hawai‘i Farm Bureau, Ulupono Initiative LLC, and three individuals.
Your Committees find that
designating land for agricultural uses can increase the long-term
sustainability of local agricultural production. Your Committees further find that to ensure
that agricultural lands are being utilized appropriately, the Legislature
enacted Act 278, Session Laws of Hawaii 2019, which directed the Office of
Planning, in consultation with other agencies, to study land subdivision and
condominium property regime laws relating to agricultural lands. As a result, the Office of Planning submitted
recommendations to the Legislature on how to better enforce requirements that
agricultural lands are used for agricultural purposes.
Your Committees further find that the State
must ensure that agricultural lands are being used for agriculture and improve
its enforcement of requirements that agricultural uses are taking place on
agricultural lands. This measure amends
certain land subdivision and condominium property regime laws related to
agricultural land, as recommended by the Office of Planning in its study of subdivision
and condominium property regimes on agricultural lands on Oahu to ensure
agricultural lands that are organized under a condominium property regime are
used for agricultural purposes. In
addition, this measure allows meaningful county input in the condominium
property regime process involving agricultural lands to ensure availability of
necessary supportive infrastructure and identify and mitigate any potential
negative impacts to environmentally or culturally significant resources.
Your Committees discussed allowing small
scale farmers to retain the right to have small dwellings for farmer or
farmhands live close to their crops, consistent with traditional farming and a
way to reduce crime that happens on farmlands.
Your Committees considered allowing for small dwellings not more than
five hundred square feet, including trailers and campers to be permitted to be
constructed on the leased area. Your
Committees find that this issue raises concerns that merit further
consideration and requests that your Committee on Commerce and Consumer
Protection further examine those issues and concerns raised on this measure.
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. 340 and recommend that it pass Second Reading and be referred to your Committee on Commerce and Consumer Protection.
Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Water and Land,
LORRAINE R. INOUYE, Chair
MIKE GABBARD, Chair