STAND. COM. REP. NO.1307

Honolulu, Hawaii

, 2001

RE: S.B. No. 45

S.D. 1

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 45, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FARMING,"

begs leave to report as follows:

The purpose of this bill is to support the agricultural industry in Hawaii by:

(1) Limiting the circumstances under which a commercial silvicultural facility and all plant and animal production for nonfood uses may be deemed a nuisance;

(2) Providing that a farming operation is not a nuisance if it complies with generally accepted agricultural and management practices; and

(3) Establishing a rebuttable presumption that a farming operation does not constitute a nuisance.

The Department of Agriculture, the Hawaii Farm Bureau, Hawaii's Thousand Friends, Hawaiian Fresh Egg Farm LLC, Maui County Farm Bureau, Pineapple Growers Association of Hawaii, Ulupalakua Ranch, Inc., Hawaii Egg Producers Cooperative, and the Hawaii Agriculture Research Center testified in support of this measure.

Your Committee finds that the continued expansion of urban development into areas previously used for agricultural purposes has caused increased pressure on Hawaii's farmers. By reducing the economic risks and legal liabilities imposed upon farmers, this bill will strengthen the viability of Hawaii's agricultural industry.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 45, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

ERIC G. HAMAKAWA, Chair