STAND. COM. REP. NO. 735

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 1219

       S.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

 

Madam:

 

     Your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Intergovernmental and Military Affairs, to which was referred S.B. No. 1219 entitled:

 

"A BILL FOR AN ACT RELATING TO LAND USE,"

 

beg leave to report as follows:

 

     The purpose of this measure is to protect the State's agricultural lands and ensure the affordability of these lands for future agricultural production by providing a one-time opportunity for the counties to petition the Land Use Commission to reclassify agricultural district lands with preexisting residential uses to allow for these dwellings to be a permissible use.

 

     Testimony in support of this measure was submitted by the Department of Agriculture and the Land Use Research Foundation of Hawaii.  Testimony in opposition to this measure was submitted by the Office of Planning, the Office of Hawaiian Affairs, Hawaii's Thousand Friends, and two individuals.

 

     Under section 205-2, Hawaii Revised Statutes, the Land Use Commission is authorized to classify all land in the State into four major land use districts, which include urban, rural, agricultural, and conservation districts.  Land classified within an agricultural district ensures that the land will be used for agricultural purposes and preserves the longevity of Hawaii's agricultural industry.  Farm dwellings, which are defined as a single-family dwelling located on and used in connection with a farm under section 205-4.5(4), Hawaii Revised Statutes, are considered a permissible use in an agricultural district.

 

     Your Committees find that there are certain dwellings situated on designated agricultural districts that do not meet the definition of a farm dwelling.  Some of these residences are situated on land classified as agricultural districts, but the land no longer has any relation to agriculture.  Reclassifying the land to allow these preexisting dwellings to be considered a permissible use will ensure that these agricultural districts will remain for any future agricultural purposes.

 

     Your Committees have amended this measure by:

 

     (1)  Clarifying that those dwellings, which do not meet the criteria for farm dwellings must be in existence prior to January 1, 2000, for the counties to petition the Land Use Commission for land reclassification;

 

     (2)  Changing the effective date from taking effect upon its approval to January 1, 2009, to allow ample time for the Land Use Commission to implement the provisions and designate important agricultural lands under chapter 205, part III, Hawaii Revised Statutes;

 

     (3)  Changing the sunset date from January 1, 2009, to January 1, 2010, to allow the counties one year to petition the Land Use Commission for land reclassification relating to preexisting residential uses on agricultural districts; and

 

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     Your Committees believe that this measure, as amended, fulfills its intent to protect the State's agricultural lands and ensure the affordability of these lands for future agricultural production.

 

     As affirmed by the records of votes of the members of your Committees on Water, Land, Agriculture, and Hawaiian Affairs and Intergovernmental and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1219, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1219, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committees on Water, Land, Agriculture, and Hawaiian Affairs and Intergovernmental and Military Affairs,

 

____________________________

LORRAINE R. INOUYE, Chair

 

____________________________

RUSSELL S. KOKUBUN, Chair