Hawaii House Bill HCR161

Hawaii 2024 Regular Session

• Introduced: 3/8/24
• Refer: 3/14/24
• Report Pass: 3/25/24
• Report Pass: 4/4/24
• Refer: 3/25/24
• Refer: 4/5/24
• Engrossed: 4/4/24
• Report Pass: 4/19/24
• Passed: 4/22/24

Caption

Requesting The Department Of Agriculture To Convene A Working Group To Review The Effectiveness Of The Relevant State Laws Governing Agricultural-based Commercial Operations.

Impact

By requesting a working group, HCR161 aims to investigate both the effectiveness of Act 113 and the adequacy of existing regulations that govern agricultural operations. The resolution highlights that the lack of a requirement for products sold to be sourced from the specific property has resulted in several contested use permits that challenge the original intent of the act. This could allow non-agricultural businesses to leverage agricultural zoning for profit, complicating the regulatory landscape.

Summary

House Concurrent Resolution 161 (HCR161) requests that the Department of Agriculture convene a working group to review the effectiveness of state laws governing agricultural-based commercial operations. The resolution acknowledges that Act 113, implemented in 2012, allowed for a broader range of activities within agricultural districts, including sales of agricultural products and value-added goods. However, it has come to light that the current statutes do not require these operations to sell products produced on the premises, leading to potential abuses of the law.

Contention

A point of contention regarding HCR161 is the need for clarified regulations that tie commercial agricultural activities directly to the land on which they operate. Examples cited in the resolution demonstrate concerns where conditional use permits have been utilized to start businesses unrelated to agriculture. Advocates for stricter regulations argue that this could lead to significant market exploitation, while opponents may feel it imposes unnecessary constraints on legitimate agricultural ventures.

Next_steps

The working group, as recommended in HCR161, is expected to include various stakeholders such as county planning departments, the Land Use Commission, and local farmers. They will be tasked with reviewing the current state of agricultural laws and proposing any necessary legislative changes to ensure that agricultural operations remain true to their intended purpose. A report detailing findings and recommendations will need to be submitted to the legislature by early 2025.