SB 2350: DAB; ADC; Aquaculture and Livestock Support Services Branch; Agricultural Enterprises; Transfer

A BILL FOR AN ACT

RELATING TO AGRICULTURE.

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

     SECTION 1.  Except as provided in section 5 of this Act, all rights, powers, functions, and duties of the aquaculture and livestock support services branch of the department of agriculture and biosecurity that relate to agricultural enterprises, as that term is defined in section 141D-2, Hawaii Revised Statutes, are transferred to the agribusiness development corporation.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 2.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of agriculture and biosecurity relating to the functions transferred to the agribusiness development corporation shall be transferred with the functions to which they relate.

     SECTION 3.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of agriculture and biosecurity to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the agribusiness development corporation by this Act shall remain in full force and effect until amended or repealed by the agribusiness development corporation pursuant to chapter 91, Hawaii Revised Statutes.

     In the interim, every reference to the department of agriculture and biosecurity in those rules, policies, procedures, guidelines, and other material is amended to refer to the agribusiness development corporation, as appropriate.

     SECTION 4.  All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of agriculture and biosecurity, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the agribusiness development corporation by this Act shall remain in full force and effect.  Upon the effective date of this Act, every reference to the department of agriculture and biosecurity or the chairperson of the board agriculture and biosecurity therein shall be construed as a reference to the agribusiness development corporation or the executive director of the agribusiness development corporation, as appropriate.

     SECTION 5.  Notwithstanding any provision of this Act to the contrary, all regulatory functions and authority of the aquaculture and livestock support services branch of the department of agriculture and biosecurity shall remain with the department of agriculture and biosecurity and shall not be transferred to the agribusiness development corporation pursuant to this Act.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

DAB; ADC; Aquaculture and Livestock Support Services Branch; Agricultural Enterprises; Transfer

Description:

Transfers the rights, powers, functions, and duties of the Aquaculture and Livestock Support Services Branch of the Department of Agriculture and Biosecurity that relate to agricultural enterprises to the Agribusiness Development Corporation.  Requires that the regulatory functions of the Aquaculture and Livestock Support Services Branch remain within the Department of Agriculture and Biosecurity.  Effective 7/1/2050.  (SD2)

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.  All rights, powers, functions, and duties of the aquaculture and livestock support services branch of the department of agriculture and biosecurity are transferred to the agribusiness development corporation.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 2.  All rights, powers, functions, and duties of the agricultural development division of the department of agriculture and biosecurity are transferred to the agribusiness development corporation.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 3.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of agriculture and biosecurity relating to the functions transferred to the agribusiness development corporation shall be transferred with the functions to which they relate.

     SECTION 4.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of agriculture and biosecurity to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the agribusiness development corporation by this Act shall remain in full force and effect until amended or repealed by the agribusiness development corporation pursuant to chapter 91, Hawaii Revised Statutes.

     In the interim, every reference to the department of agriculture and biosecurity in those rules, policies, procedures, guidelines, and other material is amended to refer to the agribusiness development corporation, as appropriate.

     SECTION 5.  All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of agriculture and biosecurity, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the agribusiness development corporation by this Act shall remain in full force and effect.  Upon the effective date of this Act, every reference to the department of agriculture and biosecurity or the chairperson of the board agriculture and biosecurity therein shall be construed as a reference to the agribusiness development corporation or the executive director of the agribusiness development corporation, as appropriate.

     SECTION 6.  Notwithstanding any provision of this Act to the contrary, all regulatory functions and authority related to animal health, biosecurity enforcement, inspections, and permitting compliance under the jurisdiction of the aquaculture and livestock support services branch and agricultural development division of the department of agriculture and biosecurity shall remain with the department of agriculture and biosecurity and shall not be transferred to the agribusiness development corporation pursuant to this Act.

     SECTION 7.  This Act shall take effect on July 1, 2050.

Report Title:

DAB; ADC; Aquaculture and Livestock Support Services Branch; Agricultural Development Division; Transfer

Description:

Transfers oversight of the Aquaculture and Livestock Support Services Branch of the Department of Agriculture and Biosecurity to the Agribusiness Development Corporation.  Transfers the Agricultural Development Division of DAB to the ADC.  Requires that certain regulatory functions related to animal health, biosecurity enforcement, inspections, and permitting compliance remain within DAB.  Effective 7/1/2050.  (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.  All rights, powers, functions, and duties of the aquaculture and livestock support services branch of the department of agriculture and biosecurity are transferred to the agribusiness development corporation.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 2.  All rights, powers, functions, and duties of the agricultural development division of the department of agriculture and biosecurity are transferred to the agribusiness development corporation.

     All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

     No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

     An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

     If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

     SECTION 3.  All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the department of agriculture and biosecurity relating to the functions transferred to the agribusiness development corporation shall be transferred with the functions to which they relate.

     SECTION 4.  All rules, policies, procedures, guidelines, and other material adopted or developed by the department of agriculture and biosecurity to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the agribusiness development corporation by this Act shall remain in full force and effect until amended or repealed by the agribusiness development corporation pursuant to chapter 91, Hawaii Revised Statutes.

     In the interim, every reference to the department of agriculture and biosecurity in those rules, policies, procedures, guidelines, and other material is amended to refer to the agribusiness development corporation, as appropriate.

     SECTION 5.  All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of agriculture and biosecurity, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the agribusiness development corporation by this Act shall remain in full force and effect.  Upon the effective date of this Act, every reference to the department of agriculture and biosecurity or the chairperson of the board agriculture and biosecurity therein shall be construed as a reference to the agribusiness development corporation or the executive director of the agribusiness development corporation, as appropriate.

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

Report Title:

DAB; ADC; Aquaculture and Livestock Support Services Branch; Agricultural Development Division; Transfer

Description:

Transfers oversight of the Aquaculture and Livestock Support Services Branch of the Department of Agriculture and Biosecurity to the Agribusiness Development Corporation.  Transfers the Agricultural Development Division of DAB to the ADC.

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. 2850

Honolulu, Hawaii

RE:     S.B. No. 2350

        S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred S.B. No. 2350, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

begs leave to report as follows:

     The purpose and intent of this measure is to facilitate the growth of the State's agricultural sector.

     Specifically, this measure transfers the rights, powers, and duties of the Aquaculture and Livestock Support Services Branch and Agricultural Development Division of the Department of Agriculture and Biosecurity to the Agribusiness Development Corporation, except for the rights, powers, and duties that relate to animal health, biosecurity enforcement, inspections, and permitting compliance.

     Your Committee received written comments in support of this measure from Marine Genetics LLC and two individuals.

     Your Committee received written comments in opposition to this measure from the Department of Agriculture and Biosecurity, Animal Rights Hawaii, Hawaii Farm Bureau, and Hawaii Cattlemen's Council.

     Your Committee received written comments on this measure from the Department of Land and Natural Resources, Agribusiness Development Corporation, and Department of Research and Development of the County of Hawaii.

     Your Committee finds that the intent of the reorganization presented by this measure is to strategically realign certain industry development functions by placing them within the Agribusiness Development Corporation to improve administrative efficiency and service delivery.  Your Committee further finds that certain regulatory functions should remain within the Department of Agriculture and Biosecurity to maintain stability in aquatic livestock permitting, disease and pest control, and biosecurity oversight.

     Accordingly, your Committee has amended this measure by:

     (1)  Requiring that only the rights, powers, functions, and duties of the Aquaculture and Livestock Support Services Branch of the Department of Agriculture and Biosecurity that relate to agricultural enterprises, as that term is defined in section 141D-2, Hawaii Revised Statutes, shall be transferred to the Agribusiness Development Corporation;

     (2)  Clarifying that the regulatory functions and authority of the Aquaculture and Livestock Support Services Branch of the Department of Agriculture and Biosecurity shall remain with that Department; and

     (3)  Deleting language that would have transferred the rights, powers, functions, and duties of the Agricultural Development Division of the Department of Agriculture and Biosecurity to the Agribusiness Development Corporation.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2350, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2350, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 2479

Honolulu, Hawaii

RE:     S.B. No. 2350

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Agriculture and Environment and Economic Development and Tourism, to which was referred S.B. No. 2350 entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Transfer oversight of the Aquaculture and Livestock Support Services Branch of the Department of Agriculture and Biosecurity to the Agribusiness Development Corporation; and

     (2)  Transfer the Agricultural Development Division of the Department of Agriculture and Biosecurity to the Agribusiness Development Corporation.

     Your Committees received testimony in support of this measure from the Hawaii Aquaculture and Aquaponics Association and HIplan.

     Your Committees received testimony in opposition to this measure from the Department of Agriculture and Biosecurity; Hawaii Farm Bureau; Animal Rights Hawaiʻi; and Hawaii Cattlemen's Council, Inc.

     Your Committees received comments on this measure from the Agribusiness Development Corporation and Department of Research and Development of the County of Hawaiʻi.

     Your Committees find that the Agricultural Development Division is responsible for agricultural marketing and statistics.  Additionally, the Aquaculture and Livestock Support Services Branch provides support for aquaculture and livestock businesses through planning, coordination, counseling, and information.  Your Committees believe that both agencies provide critical services for the agriculture industry in the State.  As the State works to urgently increase local food production, it is increasingly clear that technical and regulatory support alone is not sufficient and depends on clear governance, consistent oversight, and long-term certainty.

     Your Committees further find that producers, particularly in aquaculture and livestock, also require coordinated business development capacity, including market analysis, infrastructure planning, capital formation, and public-private partnership development.  The Agribusiness Development Corporation's statutory mission and operating model are uniquely suited to deliver this integrated approach.  As the Agribusiness Development Corporation already administers certain land and leases for aquaculture operations, this measure will directly support and strengthen the agriculture industry in the State.

     Your Committees acknowledge the concerns raised in the testimony of the Agribusiness Development Corporation regarding the measure's mission of strengthening aquaculture industry development rather than regulatory oversight and enforcement.  Therefore, amendments to this measure are necessary to address this concern.

     Accordingly, your Committees have amended this measure by:

     (1)  Inserting language that requires all regulatory authority related to animal health, biosecurity enforcement, inspections, and permitting compliance currently performed by the Agricultural Development Division and Aquaculture and Livestock Support Services Branch to remain under the jurisdiction of the Department of Agriculture and Biosecurity; and

     (2)  Inserting an effective date of July 1, 2050, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Economic Development and Tourism that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2350, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2350, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Economic Development and Tourism,