HB 2425: Conservation District; Agricultural Enterprises; Former Sugarcane Lands; Diversified Agriculture; Permit; Exemption

A BILL FOR AN ACT

RELATING TO AGRICULTURE.

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

     SECTION 1.  The legislature finds that article XI, section 3, of the Hawaii State Constitution requires the legislature to "provide standards and criteria" to conserve and protect agricultural lands and promote diversified agriculture.  The legislature further finds that the commercial production of sugarcane on former sugarcane lands has altered the landscape in a manner that can best be addressed through ongoing agricultural stewardship.  Former sugarcane lands represent an opportunity for revegetation, invasive weed reduction, and enhanced wildfire resilience, all of which would be advanced by the development of diversified agriculture.  Therefore, the legislature finds that the promotion of diversified agriculture on former sugarcane lands is in the best interest of the State.

     The legislature also finds that the permitting process for land uses in the conservation district may disproportionately burden agricultural enterprises that regularly operate on thin margins.  The permitting process may cause long delays in bringing land into production, further straining the operating budgets of agricultural enterprises.

     Accordingly, the purpose of this Act is to promote the development of diversified agriculture on former sugarcane lands by exempting any agricultural enterprise practicing diversified agriculture on former sugarcane lands in a conservation district from permitting and site approval requirements.

     SECTION 2.  Chapter 183C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§183C-     Former sugarcane lands; permits and site plan approvals; exemption.  Notwithstanding any law to the contrary, any agricultural enterprise practicing diversified agriculture on former sugarcane lands within the conservation district shall be exempt from any requirement for a permit or site plan approval under section 183C-6 for the operations within the conservation district."

     SECTION 3.  Section 183C-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Diversified agriculture" means the production of flowers and nursery products, fruits, vegetables, milk, forage, grains, forest products, coffee, taro, cattle, poultry, swine, or other livestock.  "Diversified agriculture" does not include the production of sugarcane or pineapple or high intensity animal husbandry operations with feed lots or dairy barns with stocking rates that exceed three animal units per acre.

     "Former sugarcane lands" means any land devoted to the commercial production of sugarcane before January 1, 2000."

     SECTION 4.  Section 183C-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  [The] Except as provided in section 183C-   , the department shall regulate land use in the conservation district by the issuance of permits."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 3000.

Report Title:

Conservation District; Agricultural Enterprises; Former Sugarcane Lands; Diversified Agriculture; Permit; Exemption

Description:

Exempts any agricultural enterprise practicing diversified agriculture on lands formerly used for commercial sugarcane production within the conservation district from any permitting and site plan approval requirements established for lands in a conservation district.  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.  Chapter 165, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§165-     Conservation districts; former sugarcane lands; permits and site plan approvals; exemption.  Notwithstanding any law to the contrary, any agricultural enterprise practicing diversified agriculture on former sugarcane lands within the conservation district shall be exempt from any requirement for a permit or site plan approval under section 183C-6 for the operations within the conservation district."

     SECTION 2.  Section 165-1, Hawaii Revised Statutes, is amended to read as follows:

     "§165-1  Findings and purpose.  The legislature finds that [when nonagricultural land uses extend into agricultural areas, farming operations often become the subject of nuisance lawsuits that may result in the premature removal of lands from agricultural use and may discourage future investments in agriculture.  The legislature also finds that] under the Hawaii State Planning Act, it is a declared policy of this State to "foster attitudes and activities conducive to maintaining agriculture as a major sector of Hawaii's economy."

     The legislature further finds that article XI, section 3, of the Hawaii State Constitution requires the legislature to "provide standards and criteria" to conserve and protect agricultural lands and promote diversified agriculture.  The legislature finds that the commercial production of sugarcane on former sugarcane lands has caused significant harm to endemic flora and fauna.  Former sugarcane lands thus represent an opportunity for revegetation, recovery, and enhancement of wildfire resiliency, all of which would be advanced by the development of diversified agriculture.  Therefore, the legislature finds that the promotion of diversified agriculture on former sugarcane lands is in the best interest of the State.  The legislature also finds that the permitting process for land uses in the conservation district may disproportionately burden agricultural enterprises that regularly operate on thin margins. The permitting process may cause long delays in bringing land into production, further straining the operating budgets of agricultural enterprises.

     Accordingly, it is the purpose of this chapter to [reduce]:

     (1)  Reduce the loss to the State of its agricultural resources by limiting the circumstances under which farming operations may be deemed to be a nuisance[.]; and

     (2)  Promote the development of diversified agriculture on former sugarcane lands by exempting any agricultural enterprise practicing diversified agriculture on former sugarcane lands in a conservation district from permitting and site approval requirements."

     SECTION 3.  Section 165-2, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

     ""Diversified agriculture" means the production of flowers and nursery products, fruits, vegetables, milk, forage, grains, forest products, coffee, taro, cattle, poultry, swine, or other livestock.  "Diversified agriculture" does not include the production of sugarcane or pineapple or high intensity animal husbandry operations with feed lots or dairy barns with stocking rates that exceed three animal units per acre.

     "Former sugarcane lands" means any land devoted to the commercial production of sugarcane before January 1, 2000."

     SECTION 4.  Section 183C-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  [The] Except as provided in section 165-   , the department shall regulate land use in the conservation district by the issuance of permits."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

Conservation District; Agricultural Enterprises; Right to Farm; Former Sugarcane Lands; Diversified Agriculture; Permit; Exemption

Description:

Exempts any agricultural enterprise practicing diversified agriculture on lands formerly used for commercial sugarcane production within the conservation district from any permitting and site plan approval requirements established for lands in a conservation district.

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.  42-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2425

      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. 2425 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

begs leave to report as follows:

     The purpose of this measure is to exempt any agricultural enterprise practicing diversified agriculture on lands formerly used for commercial sugarcane production within the conservation district from any permitting and site plan approval requirements established for lands in a conservation district.

     Your Committee received testimony in support of this measure from the Hawaiʻi Farmers Union United; Grassroot Institute of Hawaii; and three individuals.  Your Committee received testimony in opposition to this measure from the Hawaiʻi Food+ Policy and Sierra Club of Hawaiʻi.  Your Committee received comments on this measure from the Department of Agriculture and Biosecurity and Hawaiʻi Farm Bureau.

     Your Committee finds that commercial sugarcane production has caused significant harm to native plants and animals.  Former sugarcane lands offer an opportunity for revegetation, ecological recovery, and improved wildfire resilience, which can be accomplished through the development of diversified agriculture on the lands.

     Your Committee further finds that the permit and site approval process may delay the beneficial reuse and maintenance of former sugarcane lands.  This measure seeks to expedite the use of diversified agriculture on former sugarcane lands within the conservation district by exempting such activity from any permitting and site plan approval requirements established for conservation districts.

     Your Committee has amended this measure by:

     (1)  Establishing the provisions that exempt any agricultural enterprise practicing diversified agriculture on lands formerly used for commercial sugarcane production within the conservation district from any permitting and site plan approval requirements established for lands in a conservation district within chapter 183C, Hawaii Revised Statutes, which relates to conservation districts, rather than within chapter 165, Hawaii Revised Statutes, which establishes the Hawaii Right to Farm Act;

     (2)  Deleting language that would have amended the findings and purpose of the Hawaii Right to Farm Act;

     (3)  Inserting a preamble;

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

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

     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. 2425, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2425, 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,