STAND. COM. REP. NO. 36-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2338

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred H.B. No. 2338 entitled:

"A BILL FOR AN ACT RELATING TO THE EXEMPTION OF LEASES AND UTILITY AND ACCESS EASEMENTS,"

begs leave to report as follows:

The purpose of this bill is to exempt leases, utility easements, and access easements from the prohibition of private restrictions on agricultural uses and activities within agricultural lands to ensure that:

(1) Landowners will use lease conditions to encourage uses and practices that are compatible with their other leases on adjoining properties, such as by restricting the types of activities and crops produced on their lands;

(2) Agricultural uses do not result in a disruption of utility services; and

(3) Access easements are kept clear of obstructions to allow safe ingress and egress.

Hawaiian Electric Company, Verizon Hawaii, and Hawaii Farm Bureau Federation submitted testimony in support of this measure. The Land Use Research Foundation of Hawaii and the Board of Agriculture submitted testimony in support of this measure with amendments. Chun, Kerr, Dodd, Beaman & Wong offered comments on this measure.

As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2338 and recommends that it pass Second Reading and be referred to the Committee on Water, Land Use, and Hawaiian Affairs.

 

Respectfully submitted on behalf of the members of the Committee on Agriculture,

 

____________________________

FELIPE P. ABINSAY, JR., Chair