SB 2: RELATING TO TREES.

A BILL FOR AN ACT

RELATING TO TREES.

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

     SECTION 1.  (a)  There shall be established a fruit tree harvest pilot program within the districts outlined in section 4‑1(4)(D) and (E), Hawaii Revised Statutes, to plant fruit trees on new and newly renovated state landscaping projects for public harvest. 

     (b)  When a state agency creates plans, designs, or specifications for new or renovated landscaping within the districts described in subsection (a) that integrate the planting of trees as part of any building, complex of buildings, facility, complex of facilities, housing, public highway, or other landscaping that includes trees, the state agency, to the extent practicable, shall plant trees that bear edible fruit.

     (c)  Any person may harvest fruit from a fruit tree planted pursuant to this pilot program and the State shall not require any permit or license to harvest fruit from trees planted pursuant to this pilot program; provided that this pilot program shall not be construed to bar the State from prohibiting any person from trespassing on state lands or otherwise exercising its authority as a property owner pursuant to any other law or rule.

     (d)  The State and its political subdivisions, agencies, officials, and employees shall not be liable for any civil damages or criminal penalties resulting from any injuries or illnesses arising from the harvesting or ingesting of fruit under this pilot program, including injuries or illnesses resulting from food-borne illnesses.

     (e)  The fruit tree harvest pilot program shall cease to exist on July 30, 2027.

     SECTION 2.  All state agencies that plant fruit trees pursuant to the fruit tree harvest pilot program shall collaborate to submit a report of their findings and recommendations on the pilot program, including any proposed legislation and whether the program should be extended or expanded statewide, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

     SECTION 3.  This Act shall take effect January 1, 2491.

Report Title:

Fruit Tree Harvest Pilot Program; Landscaping; Fruit Trees; Harvest; Indemnification; Report

Description:

Establishes a two-year Fruit Tree Harvest Pilot Program.  Requires state agencies, to the extent practicable, to plant fruit trees in new or renovated landscaping that includes trees within the boundaries of the program.  Authorizes persons to harvest fruit from those fruit trees.  Provides that the State is not liable for any injuries or illnesses resulting from the harvesting or ingesting of fruit, including food-borne illness.  Requires a report to the Legislature.  Effective 1/1/2491.  (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 TREES.

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

     SECTION 1.  Chapter 27, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§27-     Fruit trees; preference in state landscaping.  (a)  When the State creates plans, designs, or specifications for new or renovated landscaping that integrates the planting of trees as part of any building, complex of buildings, facility, complex of facilities, housing, public highway, or other landscaping that includes trees, the State, to the extent practicable, shall plant trees that bear edible fruit.

     (b)  Any person may harvest fruit from a fruit tree planted pursuant to this section and the State shall not require any permit or license to harvest fruit from trees planted pursuant to this section; provided that this subsection shall not be construed to bar the State from prohibiting any person from trespassing on state lands or otherwise exercising its authority as a property owner pursuant to any other law or rule.

     (c)  The State and its political subdivisions, agencies, officials, and employees shall not be liable for any civil damages or criminal penalties resulting from any injuries or illnesses arising from the harvesting or ingesting of fruit under this section, including injuries or illnesses resulting from food-borne illnesses."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Landscaping; Fruit Trees; Harvest; Indemnification

Description:

Requires the State, to the extent practicable, to plant fruit trees in new or renovated landscaping that includes trees.  Authorizes persons to harvest fruit from those fruit trees.  Provides that the State is not liable for any injuries or illnesses resulting from the harvesting or ingesting of fruit, including food-borne illness.

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. 409

Honolulu, Hawaii

RE:    S.B. No. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Government Operations, to which was referred S.B. No. 2 entitled:

"A BILL FOR AN ACT RELATING TO TREES,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the State, to the extent practicable, to plant fruit trees in new or renovated landscaping including trees;

     (2)  Authorize persons to harvest fruit from those trees; and

     (3)  Indemnify the State from injuries and illnesses resulting from harvesting or ingesting the fruit.

     Your Committee received testimony in support of this measure from the Hawaiʻi Farmers Union United and three individuals.

     Your Committee received comments on this measure from the Department of Accounting and General Services and Department of Land and Natural Resources.

     Your Committee finds that green spaces and planting functional urban trees can be a successful approach to sustainable agriculture to address food insecurity.  The incorporation of fruit-bearing trees into state-managed land development projects can provide fresh, nutritious produce free of commercial supply chains, thus reducing food miles and bolstering our local economy.  The measure will expand green spaces, promote community-based food sourcing, enrich soil, and support biodiversity throughout the State.

     Your Committee notes the concerns raised by the Department of Accounting and General Services regarding the significant cost of implementing this statewide program.  According to the Department, the cost of planting ten fruit trees on an established site is approximately $310,000, with an additional annual cost of $90,512 for required upkeep and maintenance, including irrigation maintenance, retention of arborists and tree trimming services, and staffing.  Your Committee also notes that certain areas on the island of Oahu have already been planting fruit trees on state lands.  Therefore, your Committee believes that establishing a pilot program in that area will provide that State a much needed opportunity to assess the program's merits and costs.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting its contents and inserting language that establishes a two-year Fruit Tree Harvest Pilot Program that requires state agencies that create plans, designs, or specifications for new or renovated landscaping that integrate the planting of trees within a certain area on the island of Oahu to plant fruit trees for public harvest, to the extent practicable;

     (2)  Requiring state agencies that plant fruit trees pursuant to the Fruit Tree Harvest Pilot Program to collaborate to submit a report to the Legislature; and

     (3)  Inserting an effective date of January 1, 2491, to encourage further discussion.

     Your Committee notes that, based on the cost estimate provided by the Department of Accounting and General Services for a statewide program, the cost to implement the Fruit Tree Harvest Pilot Program may still be significant.  Your Committee finds that this issue merits further consideration and respectfully requests that subsequent Committees to which this measure is referred examine the potential costs of the pilot program.

     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2, S.D. 1, and be referred to your Committees on Ways and Means and Judiciary.

Respectfully submitted on behalf of the members of the Committee on Government Operations,