HB 1616: Agricultural Parks; Disposition; Commercial Activity; Swine; Swine Products

A BILL FOR AN ACT

RELATING TO AGRICULTURE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 166-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "agricultural activities" to read:

     ""Agricultural [activities"] purposes" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees, including tree farms."

     2.  By amending the definition of "aquacultural activities" to read:

     ""Aquacultural [activities"] purposes" means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that such farm or ranch is on or directly adjacent to land."

     SECTION 2.  Section 166-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§166-3.5[]]  Commercial activity.  The department may allow, in each of its existing and future agricultural parks, the disposition of no more than two lots within an agricultural park for the processing, marketing, and displaying of agricultural crops or commodities, which shall include any product created through value-added processes as defined by rules adopted by the board.  The department may allow the disposition of lots for commercial activity pursuant to this section after the initial development of an agricultural park and regardless of whether the legislative body of the county in which the agricultural park is situated approved plans and specifications for the future disposition of lots for commercial activity pursuant to this section, unless the final plans and specifications for the agricultural park contained prohibitions or conditions on future dispositions of lots for commercial activity; provided that the department shall provide notice to, and consult with, the applicable county before approving new commercial activities within an agricultural park, including an opportunity for county comment, to ensure local input.

     The department shall allow agricultural-based commercial venture operations that may sell to the general public; provided that any [such] lots shall be leased and operated by an agricultural park lessee in good standing with the department."

     SECTION 3.  Section 166-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any provision of this chapter to the contrary notwithstanding, the board may by negotiation, drawing of lot, or public auction, directly dispose of public lands and related facilities set aside and designated for use as agricultural parks, and any other lands and facilities under the jurisdiction of the department pursuant to section 166-3 and notwithstanding chapter 171.  Except as provided by subsection (c), dispositions may be by lease and shall be subject to the requirements set forth in rules adopted by the board in conformity with section 166-9, and subject also to the following limitations:

     (1)  The property shall be disposed of for agricultural or aquacultural purposes only; except that in any agricultural park that has more than fifty lots and is located in a county with a population of more than two hundred thousand but less than three hundred thousand, the property may also be disposed of for the care and production of swine and swine products only using Korean natural farming;

     (2)  The lessee shall derive the major portion of the lessee's total annual income from the lessee's activities on the premises; provided that this restriction shall not apply if failure to meet the restriction results from mental or physical disability or the loss of a spouse, or if the premises are fully utilized in the production of crops or products for which the disposition was granted;

     (3)  The lessee shall comply with all federal and state laws regarding environmental quality control;

     (4)  The board shall determine the specific uses for which the disposition is intended; parcel the land into minimum size economic units sufficient for the intended uses; make, or require the lessee to make improvements as are required to achieve the intended uses; set the upset price or lease rent based upon an appraised evaluation of the property value adjustable as provided in rules adopted in accordance with chapter 91 to the specified use of the lot; set the term of the lease, which shall be not less than fifteen years nor more than fifty-five years, including any extension granted for mortgage lending or guarantee purposes; and establish other terms and conditions as it may deem necessary, including but not limited to restrictions against alienation and provisions for withdrawal by the board;

     (5)  No lease shall be made to any person who is in arrears in the payment of taxes, rents, or other obligations owing the State or any county; and

     (6)  Any transferee, assignee, or sublessee of an agricultural park lease shall first qualify as an applicant under this chapter.  For the purpose of this paragraph, any transfer, assignment, sale, or other disposition of any interest, excluding a security interest, of any legal entity which holds an agricultural park lease shall be treated as a transfer of the agricultural park lease and shall be subject to the approval of the board [of agriculture and biosecurity] upon reasonable terms and conditions, not inconsistent with this chapter or rules of the board, which the board may deem necessary.  No transfer shall be approved by the board if the disposition of the stock, or assets or other interest of the legal entity would result in the failure of the entity to qualify for an agricultural park lease.

     For the purposes of this subsection, "Korean natural farming" means a self-sufficient farming system that involves the culturing of indigenous microorganisms in place of inorganic fertilizers to produce fertile soil."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Agricultural Parks; Disposition; Commercial Activity; Swine; Swine Products

Description:

Clarifies that the disposition of agricultural park lots for commercial activity may occur after the initial development of the agricultural park and regardless of whether the applicable county council approved plans and specifications for the future disposition of lots for commercial activity, with certain exceptions.  Authorizes the care and production of swine and swine products within certain agricultural parks and under certain conditions.  Effective 7/1/3000.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO AGRICULTURE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 166-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "agricultural activities" to read:

     ""Agricultural [activities"] purposes" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees, including tree farms."

     2.  By amending the definition of "aquacultural activities" to read:

     ""Aquacultural [activities"] purposes" means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that such farm or ranch is on or directly adjacent to land."

     SECTION 2.  Section 166-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§166-3.5[]]  Commercial activity.  The department may allow, in each of its existing and future agricultural parks, the disposition of no more than two lots within an agricultural park for the processing, marketing, and displaying of agricultural crops or commodities, which shall include any product created through value-added processes as defined by rules adopted by the board.  The department may allow the disposition of lots for commercial activity pursuant to this section after the initial development of an agricultural park and regardless of whether the legislative body of the county in which the agricultural park is situated approved plans and specifications for the future disposition of lots for commercial activity pursuant to this section, unless the final plans and specifications for the agricultural park contained prohibitions or conditions on such future dispositions of lots for commercial activity.

     The department shall allow agricultural-based commercial venture operations that may sell to the general public; provided that any such lots shall be leased and operated by an agricultural park lessee in good standing with the department."

     SECTION 3.  Section 166-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any provision of this chapter to the contrary notwithstanding, the board may by negotiation, drawing of lot, or public auction, directly dispose of public lands and related facilities set aside and designated for use as agricultural parks, and any other lands and facilities under the jurisdiction of the department pursuant to section 166-3 and notwithstanding chapter 171.  Except as provided by subsection (c), dispositions may be by lease and shall be subject to the requirements set forth in rules adopted by the board in conformity with section 166-9, and subject also to the following limitations:

     (1)  The property shall be disposed of for agricultural or aquacultural purposes only; except that in any agricultural park that has more than fifty lots and is located in a county with a population of more than 200,000 but less than 300,000, the property may also be disposed of for the care and production of swine and swine products only using Korean natural farming;

     (2)  The lessee shall derive the major portion of the lessee's total annual income from the lessee's activities on the premises; provided that this restriction shall not apply if failure to meet the restriction results from mental or physical disability or the loss of a spouse, or if the premises are fully utilized in the production of crops or products for which the disposition was granted;

     (3)  The lessee shall comply with all federal and state laws regarding environmental quality control;

     (4)  The board shall determine the specific uses for which the disposition is intended; parcel the land into minimum size economic units sufficient for the intended uses; make, or require the lessee to make improvements as are required to achieve the intended uses; set the upset price or lease rent based upon an appraised evaluation of the property value adjustable as provided in rules adopted in accordance with chapter 91 to the specified use of the lot; set the term of the lease, which shall be not less than fifteen years nor more than fifty-five years, including any extension granted for mortgage lending or guarantee purposes; and establish other terms and conditions as it may deem necessary, including but not limited to restrictions against alienation and provisions for withdrawal by the board;

     (5)  No lease shall be made to any person who is in arrears in the payment of taxes, rents, or other obligations owing the State or any county; and

     (6)  Any transferee, assignee, or sublessee of an agricultural park lease shall first qualify as an applicant under this chapter.  For the purpose of this paragraph, any transfer, assignment, sale, or other disposition of any interest, excluding a security interest, of any legal entity which holds an agricultural park lease shall be treated as a transfer of the agricultural park lease and shall be subject to the approval of the board [of agriculture and biosecurity] upon reasonable terms and conditions, not inconsistent with this chapter or rules of the board, which the board may deem necessary.  No transfer shall be approved by the board if the disposition of the stock, or assets or other interest of the legal entity would result in the failure of the entity to qualify for an agricultural park lease.

     For the purposes of this subsection, "Korean natural farming" means a self-sufficient farming system that involves the culturing of indigenous microorganisms in place of inorganic fertilizers to produce fertile soil."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Agricultural Parks; Disposition; Commercial Activity; Swine; Swine Products

Description:

Clarifies that the disposition of agricultural park lots for commercial activity may occur after the initial development of the agricultural park and regardless of whether the applicable county council approved plans and specifications for the future disposition of lots for commercial activity, with certain exceptions.  Authorizes the care and production of swine and swine products within certain agricultural parks and under certain conditions.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to agriculture.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 166-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "agricultural activities" to read:

     ""Agricultural [activities"] purposes" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops or trees, including tree farms."

     2.  By amending the definition of "aquacultural activities" to read:

     ""Aquacultural [activities"] purposes" means the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment; provided that such farm or ranch is on or directly adjacent to land."

     SECTION 2.  Section 166-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§166-3.5[]]  Commercial activity.  The department may allow, in each of its existing and future agricultural parks, the disposition of no more than two lots within an agricultural park for the processing, marketing, and displaying of agricultural crops or commodities, which shall include any product created through value-added processes as defined by rules adopted by the board.  The department may allow the disposition of lots for commercial activity pursuant to this section after the initial development of an agricultural park and regardless of whether the legislative body of the county in which the agricultural park is situated approved plans and specifications for the future disposition of lots for commercial activity pursuant to this section, unless the final plans and specifications for the agricultural park contained prohibitions or conditions on such future dispositions of lots for commercial activity.

     The department shall allow agricultural-based commercial venture operations that may sell to the general public; provided that any such lots shall be leased and operated by an agricultural park lessee in good standing with the department."

     SECTION 3.  Section 166-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any provision of this chapter to the contrary notwithstanding, the board may by negotiation, drawing of lot, or public auction, directly dispose of public lands and related facilities set aside and designated for use as agricultural parks, and any other lands and facilities under the jurisdiction of the department pursuant to section 166-3 and notwithstanding chapter 171.  Except as provided by subsection (c), dispositions may be by lease and shall be subject to the requirements set forth in rules adopted by the board in conformity with section 166-9, and subject also to the following limitations:

     (1)  The property shall be disposed of for agricultural or aquacultural purposes only; except that in any agricultural park that has more than fifty lots and is located in a county with a population of more than 200,000 but less than 300,000, the property may also be disposed of for the care and production of swine and swine products only using Korean natural farming;

     (2)  The lessee shall derive the major portion of the lessee's total annual income from the lessee's activities on the premises; provided that this restriction shall not apply if failure to meet the restriction results from mental or physical disability or the loss of a spouse, or if the premises are fully utilized in the production of crops or products for which the disposition was granted;

     (3)  The lessee shall comply with all federal and state laws regarding environmental quality control;

     (4)  The board shall determine the specific uses for which the disposition is intended; parcel the land into minimum size economic units sufficient for the intended uses; make, or require the lessee to make improvements as are required to achieve the intended uses; set the upset price or lease rent based upon an appraised evaluation of the property value adjustable as provided in rules adopted in accordance with chapter 91 to the specified use of the lot; set the term of the lease, which shall be not less than fifteen years nor more than fifty-five years, including any extension granted for mortgage lending or guarantee purposes; and establish other terms and conditions as it may deem necessary, including but not limited to restrictions against alienation and provisions for withdrawal by the board;

     (5)  No lease shall be made to any person who is in arrears in the payment of taxes, rents, or other obligations owing the State or any county; and

     (6)  Any transferee, assignee, or sublessee of an agricultural park lease shall first qualify as an applicant under this chapter.  For the purpose of this paragraph, any transfer, assignment, sale, or other disposition of any interest, excluding a security interest, of any legal entity which holds an agricultural park lease shall be treated as a transfer of the agricultural park lease and shall be subject to the approval of the board [of agriculture and biosecurity] upon reasonable terms and conditions, not inconsistent with this chapter or rules of the board, which the board may deem necessary.  No transfer shall be approved by the board if the disposition of the stock, or assets or other interest of the legal entity would result in the failure of the entity to qualify for an agricultural park lease.

     For the purposes of this subsection, "Korean natural farming" means a self-sufficient farming system that involves the culturing of indigenous microorganisms in place of inorganic fertilizers to produce fertile soil."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Agricultural Parks; Disposition; Commercial Activity; Swine; Swine Products

Description:

Clarifies that the disposition of agricultural park lots for commercial activity may occur after the initial development of the agricultural park and regardless of whether the applicable county council approved plans and specifications for the future disposition of lots for commercial activity, with certain exceptions.  Authorizes the care and production of swine and swine products within certain agricultural parks and under certain conditions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  934-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1616

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Finance, to which was referred H.B. No. 1616, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow the disposition of agricultural park lots for commercial activity after the initial development of the agricultural park and regardless of whether the applicable county council approved plans and specifications for the future disposition of lots for commercial activity, with certain exceptions; and

     (2)  Authorize the care and production of swine and swine products within certain agricultural parks and under certain conditions.

     Your Committee received testimony in support of this measure from the Hawaiʻi Farm Bureau and Hawaiʻi Food+ Policy.  Your Committee received comments on this measure from the Department of Agriculture and Biosecurity.

     As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1616, H.D. 1, and recommends that it pass Third Reading.

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

STAND. COM. REP. NO.  540-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1616

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Water & Land, to which was referred H.B. No. 1616, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Allow the disposition of agricultural park lots for commercial activity after the initial development of the agricultural park and regardless of whether the applicable county council approved plans and specifications for the future disposition of lots for commercial activity, with certain exceptions; and

     (2)  Authorize the care and production of swine and swine products within certain agricultural parks and under certain conditions.

     Your Committee received testimony in support of this measure from Malama O Puna; Hawaiʻi Food+ Policy; and two individuals.  Your Committee received comments on this measure from the Department of Agriculture and Biosecurity and Hawaiʻi Farm Bureau.

     Your Committee finds that this measure addresses practical challenges that have emerged in agricultural parks over the course of time.  Although existing law allows limited commercial uses within agricultural parks, such as processing, marketing, displaying agricultural products, and value-added agricultural activities, those uses were often required to have been identified during the initial park development process.  In practice, these requirements have restricted flexibility as agricultural parks evolve and as farmers' operational needs change.

     As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1616, H.D. 1, and recommends that it be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

STAND. COM. REP. NO.  5-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1616

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Agriculture & Food Systems, to which was referred H.B. No. 1616 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify that the disposition of agricultural park lots for commercial activity may occur after the initial development of the agricultural park and regardless of whether the applicable county council approved plans and specifications for the future disposition of lots for commercial activity, with certain exceptions; and

     (2)  Authorize the care and production of swine and swine products within certain agricultural parks and under certain conditions.

     Your Committee received testimony in support of this measure from the Hawaiʻi Farm Bureau and Hawaiʻi Food+ Policy.  Your Committee received comments on this measure from the Department of Agriculture and Biosecurity.

     Your Committee finds that allowing for the disposition of agricultural park lots for commercial activity after the initial development of the agricultural park without regard to certain county council approvals, unless such activity is expressly prohibited by the park's final plans, will support farm viability without converting agricultural parks into commercial zones.

     Your Committee further finds that increasing local hog production will support the State's goal of doubling local food production and strengthen the food supply for state food programs, including the Farm to School Program and the Department of Education's regional kitchens.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1616, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1616, H.D. 1, and be referred to your Committee on Water & Land.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,