HB 1831: DAB; Non-Agricultural Park Lands; Compliance; Survey; Appropriation

A BILL FOR AN ACT

relating to agricultural lands.

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

     SECTION 1.  The legislature finds that Act 90, Session Laws of Hawaii 2003, later codified as chapter 166E, Hawaii Revised Statutes, allowed various agricultural lands to be transferred by the department of land and natural resources to what is now the department of agriculture and biosecurity.  Since then, tens of thousands of acres have been transferred and are now administered by the department of agriculture and biosecurity under various leases.

     The legislature further finds that the current lessees of the transferred lands received lands with unresolved survey issues and noncompliant cesspools or other wastewater systems that they did not create.  These legacy conditions have created regulatory uncertainty, limited lessees' access to financing and permits, and constrained agricultural use of otherwise productive lands.  Addressing these barriers will help agricultural lands already in the State's inventory to be fully utilized for food production.

     Accordingly, the purpose of this Act is to provide the department of agriculture and biosecurity with the authority and funds to address long-standing survey deficiencies and wastewater compliance issues on lands transferred pursuant to Act 90, Session Laws of Hawaii 2003.

     SECTION 2.  Chapter 166E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§166E-     Survey; wastewater; infrastructure.  Subject to available funds, the department, in coordination with relevant state agencies, shall identify and, if legally permissible, resolve survey deficiencies and wastewater compliance issues, including unresolved cesspool assessments, unresolved remediation requirements, and any necessary equipment and infrastructure replacement, on non‑agricultural park lands."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2026-2027 for land surveys, wastewater compliance, and other costs to support the agricultural use of non-agricultural park lands.

     The sum appropriated shall be expended by the department of agriculture and biosecurity for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

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

Report Title:

DAB; Non-Agricultural Park Lands; Compliance; Survey; Appropriation

Description:

Authorizes and provides funding for the Department of Agriculture and Biosecurity, in coordination with relevant state agencies, to identify and, if legally permissible, resolve survey deficiencies and wastewater compliance issues on non-agricultural park lands.  Appropriates funds.  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 agricultural lands.

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

     SECTION 1.  The legislature finds that Act 90, Session Laws of Hawaii 2003, later codified as chapter 166E, Hawaii Revised Statutes, allowed various agricultural lands to be transferred by the department of land and natural resources to what is now the department of agriculture and biosecurity.  Since then, tens of thousands of acres have been transferred and are now administered by the department of agriculture and biosecurity under various leases.

     The legislature further finds that the current lessees of the transferred lands received lands with unresolved survey issues and noncompliant cesspools or other wastewater systems that they did not create.  These legacy conditions have created regulatory uncertainty, limited lessees' access to financing and permits, and constrained agricultural use of otherwise productive lands.  Addressing these barriers will help allow agricultural lands already in the State's inventory to be fully utilized for food production.

     Accordingly, the purpose of this Act is to provide the department of agriculture and biosecurity with the authority and moneys to address long-standing survey deficiencies and wastewater compliance issues on lands transferred pursuant to Act 90, Session Laws of Hawaii 2003.

     SECTION 2.  Chapter 166E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§166E-     Survey; wastewater; infrastructure.  Subject to available funds, the department, in coordination with relevant state agencies, shall identify and resolve survey deficiencies and wastewater compliance issues, including unresolved cesspool assessments, unresolved remediation requirements, and any necessary equipment and infrastructure replacement, on non‑agricultural park lands."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $        or so much thereof as may be necessary for fiscal year 2026-2027 for land surveys, wastewater compliance, and other costs to support the agricultural use of non-agricultural park lands.

     The sum appropriated shall be expended by the department of agriculture and biosecurity for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2026.

Report Title:

DAB; Non-Agricultural Park Lands; Compliance; Survey; Appropriation

Description:

Authorizes and provides funding for the Department of Agriculture and Biosecurity, in coordination with relevant state agencies, to identify and resolve survey deficiencies and wastewater compliance issues on non-agricultural park lands.  Appropriates moneys.

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.  786-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1831

      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. 1831, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL LANDS,"

begs leave to report as follows:

     The purpose of this measure is to authorize and appropriate funds for the Department of Agriculture and Biosecurity, in coordination with relevant state agencies, to identify and, if legally permissible, resolve survey deficiencies and wastewater compliance issues on non-agricultural park lands.

     Your Committee received testimony in support of this measure from the Hawaiʻi Farm Bureau; Hawaiʻi Cattlemen's Council; and three individuals.  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. 1831, 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.  167-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 1831

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committees on Agriculture & Food Systems and Energy & Environmental Protection, to which was referred H.B. No. 1831 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURAL LANDS,"

beg leave to report as follows:

     The purpose of this measure is to authorize and appropriate funds for the Department of Agriculture and Biosecurity, in coordination with relevant state agencies, to identify and resolve survey deficiencies and wastewater compliance issues on non-agricultural park lands.

     Your Committees received testimony in support of this measure from the Hawaii Cattlemen's Council, Inc.; Hawaiʻi Farm Bureau; and two individuals.  Your Committees received comments on this measure from the Department of the Attorney General and Department of Agriculture and Biosecurity.

     Your Committees find that Act 90, Session Laws of Hawaii 2003 (Act 90), permits various agricultural lands to be transferred by the Department of Land and Natural Resources to what is now the Department of Agriculture and Biosecurity.  The passage of Act 90 allowed tens of thousands of acres to be transferred and are now administered by the Department of Agriculture and Biosecurity under various leases.

     Your Committees further find that the existing lessees of the transferred lands received lands with unresolved survey issues and noncompliant cesspools or other wastewater systems that they did not create, which have created regulatory uncertainty, limited lessees' access to financing and permits, and constrained agricultural use of otherwise productive lands.  This measure provides the Department of Agriculture and Biosecurity with the authority and funding to address long-standing survey deficiencies and wastewater compliance issues on the transferred lands.

     Your Committees have amended this measure by:

     (1)  Clarifying that the Department of Agriculture and Biosecurity is authorized to survey deficiencies and wastewater compliance issues if such action is legally permissible;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Agriculture & Food Systems and Energy & Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1831, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1831, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Agriculture & Food Systems and Energy & Environmental Protection,