STAND. COM. REP. NO.
Honolulu, Hawaii
APR 1 9 2024
RE: H.C.R. No. 161
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Second State Legislature
Regular Session of 2024
State of Hawaii
Sir:
Your Committees on Agriculture and Environment and Commerce
and Consumer Protection, to which was referred H.C.R. No. 161
entitled:
"HOUSE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF
AGRICULTURE TO CONVENE A WORKING GROUP TO REVIEW THE
EFFECTIVENESS OF THE RELEVANT STATE LAWS GOVERNING
AGRICULTURAL-BASED COMMERCIAL OPERATIONS,"
beg leave to report as follows:
The purpose and intent of this measure is to request the
Department of Agriculture to:
(1) Convene a working group to review the effectiveness of
the relevant state laws governing agricultural-based
commercial operations; and
(2) Submit a report of the working group's findings and
recommendations to the Legislature before the Regular
Session of 2025.
Your Committees received testimony in support of this measure
from Keep the North Shore Country, Hui o Kamamanui, Hawaii's
Thousand Friends, and one individual .
Your Committees received comments on this measure from the
Department of Agriculture.
2024-2659 HCR SSCR SMA.docx
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STAND. COM. REP. NO.
Page 2
Your Committees find that there are a number of contested
cases alleging the abuse of the intent of Act 113, Session Laws of
Hawaii 2012, (Act 113) by agricultural-based commercial operations
on agricultural lands that do not necessarily support the
agricultural production of those land. According to testimony
received by your Committees, these commercial operations sidestep
county planning considerations, defy statewide efforts to protect
agricultural land for agricultural production, and ultimately harm
farmers by competing for precious land. Your Committees note that
the purpose of this measure is to request more information on the
issue while acknowledging that the Department of Agriculture does
not have the regulatory authority within agricultural districts to
enforce or make changes that the working group may recommend. The
review of relevant state laws governing agricultural-based
commercial operations requested by this measure ensures the intent
of Act 113 to enable bona fide agricultural producers to continue
to farm in the State and remain profitable.
As affirmed by the records of votes of the members of your
Committees on Agriculture and Environment and Commerce and
Consumer Protection that are attached to this report, your
Committees concur with the intent and purpose of H.C.R. No. 161,
and recommend its adoption.
Respectfully submitted on
behalf of the members of the
Committees on Agriculture and
2024-2659 HCR SSCR SMA.docx
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The Senate
Thirty-Second Legislature
State of Hawai‘i
Record of Votes
Committee on Agriculture and Environment
AEN
Bill / Resolution No.:* Committee Referral: Date:
^T/v/c?^)
IrlcR VtA WEt 04/
The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to:___________________________________
The Recommendation is:
Pass, unamended Pass, with amendments __ Hold __ Recommit
2312 2311 2310 2313
Members Aye Aye (WR) Nay Excused
GABBARD, Mike (C)
RICHARDS, III, Herbert M. “Tim" (VC)
DECOITE, Lynn <*^^**^
RHOADS, Karl
AWA, Brenton
.3
TOTAL
0
Recommendation:
Adopted __ Not Adopted
Chair’s or Designeejs Signature: „ /7 ,
Distribution: Original Yellow Pink \ Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 12/27/23
The Senate
Thirty-Second Legislature
State of Hawaii
Record of Votes
Committee on Commerce and Consumer Protection
CPN
Bill / Resolution No.;* Committee Referral: Date: .
ft CN /6Pf^
The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to: ___________________________________
The Recommendation is;
Pass, unamended Pass, with amendments __ Hold __ Recommit
2312 2311 2310 2313
Members Aye Aye (WR) Nay Excused
KEOHOKALOLE, Jarrett (C)
FUKUNAGA, Carol (VC)
MCKELVEY, Angus L.K.
RICHARDS, ill, Herbert M. “Tim”
AWA, Brenton
TOTAL f
Recommendation: _ .
tn Adopted __ Not Adopted
Chair’s or Designee’s Signature:
Distribution: Original Yellow Pink Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 12/27/23