Gathering Place
Cynthia Thielen
Overriding agriculture veto
will hurt farmersThe Hawaii Constitution requires the state to "conserve and protect agricultural lands." Preservation of these lands for agricultural purposes is of utmost importance to our economy.
Some developments subvert the agricultural designation by creating "gentleman farmer" estates and gated communities. These residential developments on agricultural land then prevent real farmers, through restrictive covenants, from growing certain crops or planting windbreaks. This undermines the true intention of the agricultural classification.
SB 255 was intended to stop the proliferation of these estates and gated projects on agricultural land. However, SB 255 was too broad and actually could have prevented bona fide agricultural operations. Governor Lingle was correct in vetoing the bill.
Lingle supports agriculture, but she was unwilling to sign a flawed bill. I agree with the governor. For example, under SB 255, a landowner who leases farmland could not restrict the lessee's farming operations to organic, even when use of chemicals could debase adjacent organic operations. Under SB 255, an organic farming restriction would be voidable. Similarly, state agricultural parks have contract provisions with farmer lessees, limiting types of farming activities to specific and compatible categories. The state's ability to group specific activities, such as animal farming, could be eliminated under SB 255.
Governor Lingle announced her support of the intent of the bill, but like I do, she believed the bill to be too far-reaching. An obvious solution is available, if the majority members are interested in passing a good bill to protect agricultural land: Amend SB 255 so it will accomplish its goal without harming other agricultural operations; make the bill apply to subdivisions where county ordinances allow dwellings that are obviously residential, rather than farming; and prohibit those gentleman farms and gated communities from using restrictive covenants to prevent agricultural operations.
However, if the intent of the Special Session is to challenge the governor, rather than to enact good legislation, then the majority will not be willing to pass a good bill protecting agricultural land. I believe SB 255 must be amended, in order to allow restrictions that will truly help organic and other farmers.
So what will it be? Real preservation of agricultural land, or politics?
Rep. Cynthia Thielen (R, Kailua/Kaneohe Bay) is assistant minority floor leader of the state House.