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Memorandum Re: Bill 80 May 17, 2005 Page 2 House Bill 109, as adopted, does prohibit golf courses on ag lands prospectively after July I, 2005. However, it does not adopt the other restrictive standards now proposed by Bill 80. It has not yet been signed into law by Governor Lingle. [ts guidance, however, should be respected. We should follow its lead. We should not create new standards not otherwise found in state law. Four years ago, the state Land Use Commission rejected a petition to adopt restrictive standards by yule such as those proposed by Bill 80. We should also follow the direction of the LUC in this matter. Bill 80 may place the County of Hawaii at risk for costly and divisive litigation. A number of ag subdivisions within our county contain golf courses, large houses, and "resort-like features." [s it the intent of Bill 80 to dismantle such existing subdivisions, or features within subdivisions? It was precisely this concern that prompted Mayor Kim to go to Honolulu to testify before the legislature on House Bill 109. Mayor Kim asked the legislature to protect homes within the ag district that have already received subdivision approval, as well as projects already containing golf courses and club facilities. "County government made commitments that have to be honored," he said. Bill 80 says that it shall apply prospectively to subdivisions that have not received final subdivision plat approval. We should seek a Corporation Counsel opinion regarding the possibility of litigation that might stem from this proposed ordinance. The County already is facing potentially staggering damages due to a lawsuit that may soon be filed by Hokuli a lot owners. We should be careful not to add to the County's liability, or its taxpayers. For these reasons, I recommend that we file Bill 80. Instead, we should become fully familiar with House Bill 109 and House Bill 1640, relating to important agricultural lands. These bills task the counties to propose lands for reclassification into the rural district, and to support a process for the designation of important ag lands. These are the real tasks before us: to protect and refine our historically rural character, and to protect important ag lands with genuine incentives for real working farmers. Neither the legislature nor the Land Use Commission has adopted the restrictions proposed by Bill 80. Nor should we. Let's follow the lead of state law closely in these matters. Thank you.