SB 523: RELATING TO AGRICULTURAL BIOSECURITY.

A BILL FOR AN ACT

RELATING TO AGRICULTURAL BIOSECURITY.

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

     SECTION 1.  The legislature finds that the spread of invasive species, such as axis deer and feral pigs, poses significant threats to Hawaii's agricultural viability, biosecurity, and ecosystems.  Local livestock and crop farms are particularly vulnerable to predation, crop damage, and disease transmission facilitated by these invasive species. 

     Accordingly, the purpose of this Act is to require the department of agriculture to establish and administer a biosecurity fencing cost-sharing program to assist agricultural operations in constructing or upgrading fencing infrastructure to enhance biosecurity, mitigate invasive species impacts, and support agricultural production, while incentivizing the adoption of soil and water conservation district-approved conservation plans.

     SECTION 2.  Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§141-    Biosecurity fencing cost-sharing program; reimbursement rates; eligibility; reporting; rules.  (a)  The department shall establish and administer a biosecurity fencing cost-sharing program to provide financial assistance to eligible applicants for the installation, construction, repair, or improvement of agricultural fencing to enhance biosecurity, mitigate invasive species impacts, and protect agricultural productivity.  The program shall also incentivize the adoption of approved conservation plans.

     (b)  The program shall reimburse eligible applicants for:

     (1)  Not less than fifty per cent of eligible expenses; or

     (2)  Up to       per cent of eligible expenses; provided that the applicant submits an approved conservation plan pursuant to subsection (d)(2).

     (c)  The total amount of reimbursements for eligible expenses disbursed to an eligible applicant shall not exceed $           in any fiscal year.

     (d)  To qualify for reimbursement of eligible expenses pursuant to this section, applicants shall:

     (1)  Demonstrate active agricultural operations involving livestock or crops;

     (2)  Submit an application with supporting documentation, as required by the department, including:

          (A)  Proof of agricultural activity, such as a tax map key designation or farm revenue records; and

          (B)  An approved conservation plan; provided that the applicant is seeking the higher reimbursement rate under subsection (b)(2); and

     (3)  Agree to submit a report that details the type and length of any agricultural fencing installed, constructed, repaired, or improved within thirty days after the date of completion of the project.

     (e)  The department shall:

     (1)  Maintain records of all eligible applicants, including the type and length of any agricultural fencing installed, constructed, repaired, or improved; and

     (2)  Submit to the legislature no later than twenty days prior to the convening of each regular session an annual report containing:

          (A)  The total expenditures of the program;

          (B)  The total number of miles of agricultural fencing installed, constructed, repaired, or improved; and

          (C)  The impact of the program on invasive species management and agricultural biosecurity in the State.

The department shall not provide technical assistance in the preparation of an application under subsection (d)(2) or execution of a project described under subsection (d)(3).

     (f)  To market the biosecurity fencing cost-sharing program, the department shall:

     (1)  Develop and implement a public awareness campaign to inform farmers of the program's availability; and

     (2)  Distribute relevant information through online platforms, print materials, and agricultural organizations.

     (g)  The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

     (h)  For the purposes of this section:

     "Agricultural fencing" means physical barriers, including but not limited to fencing infrastructure made of any combination of barbed wire, smooth wire, wooden posts, or electrically charged fence wire, and other exclusionary barriers for livestock or crop farms, that are designed to mitigate the movement of invasive species and protect agricultural activity.  "Agricultural fencing" also includes stone fences, traditional Hawaiian dry-set masonry also known as uhau humu pohaku, and other culturally appropriate fencing methods for livestock or crops.

     "Approved conservation plan" means a conservation plan approved by an applicable soil and water conservation district.

     "Conservation plan" has the same meaning as defined in section 180C-1.

     "Department" means the department of agriculture.

     "Eligible applicant" means any farmer or farm entity that meets the eligibility criteria adopted by the department pursuant to this section.

     "Eligible expenses" includes the purchase of materials, labor costs, and other costs deemed eligible by the department for:

     (1)  The installation, construction, repair, or improvement of agricultural fencing; and

     (2)  Projects designed to mitigate the movement of invasive species and protect agricultural activity.

     "Soil and water conservation district" has the same meaning as defined in section 180-1."

     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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the biosecurity fencing cost-sharing program pursuant to section 141-  , Hawaii Revised Statutes.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

DOA; Biosecurity Fencing Cost-Sharing Program; Agricultural Fencing Costs; Reimbursements; Appropriations

Description:

Requires the Department of Agriculture to establish and administer a Biosecurity Fencing Cost-Sharing Program.  Appropriates funds.  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 agricultural biosecurity.

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

     SECTION 1.  The legislature finds that the spread of invasive species, such as axis deer and feral pigs, poses significant threats to Hawaii's agricultural viability, biosecurity, and ecosystems.  Local livestock and crop farms are particularly vulnerable to predation, crop damage, and disease transmission facilitated by these invasive species. 

     Accordingly, the purpose of this Act is to require the department of agriculture to establish and administer a biosecurity fencing cost-sharing program to assist agricultural operations in constructing or upgrading fencing infrastructure to enhance biosecurity, mitigate invasive species impacts, and support agricultural production, while incentivizing the adoption of soil and water conservation district-approved conservation plans.

     SECTION 2.  Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§141-    Biosecurity fencing cost-sharing program; reimbursement rates; eligibility; reporting; rules.  (a)  The department shall establish and administer a biosecurity fencing cost-sharing program to provide financial assistance to eligible applicants for the installation, construction, repair, or improvement of agricultural fencing to enhance biosecurity, mitigate invasive species impacts, and protect agricultural productivity.  The program shall also incentivize the adoption of approved conservation plans.

     (b)  The program shall reimburse eligible applicants for:

     (1)  Not less than fifty per cent of eligible expenses; or

     (2)  Up to       per cent of eligible expenses; provided that the applicant submits an approved conservation plan pursuant to subsection (e)(2).

     (c)  The total amount of reimbursements for eligible expenses disbursed to an eligible applicant shall not exceed $           in any fiscal year.

     (d)  To qualify for reimbursement of eligible expenses pursuant to this section, applicants shall:

     (1)  Demonstrate active agricultural operations involving livestock or crops;

     (2)  Submit an application with supporting documentation, as required by the department, including:

          (A)  Proof of agricultural activity, such as a tax map key designation or farm revenue records; and

          (B)  An approved conservation plan; provided that the applicant is seeking the higher reimbursement rate under subsection (b)(2); and

     (3)  Agree to submit a report that details the type and length of any agricultural fencing installed, constructed, repaired, or improved within thirty days after the date of completion of the project.

     (e)  The department shall:

     (1)  Maintain records of all eligible applicants, including the type and length of any agricultural fencing installed, constructed, repaired, or improved; and

     (2)  Submit to the legislature no later than twenty days prior to the convening of each regular session an annual report containing:

          (A)  The total expenditures of the program;

          (B)  The total number of miles of agricultural fencing installed, constructed, repaired, or improved; and

          (C)  The impact of the program on invasive species management and agricultural biosecurity in the State.

The department shall not provide technical assistance in the preparation of an application under subsection (e)(2) or execution of a project under subsection (d)(2).

     (f)  To market the biosecurity fencing cost-sharing program, the department shall:

     (1)  Develop and implement a public awareness campaign to inform farmers of the program's availability; and

     (2)  Distribute relevant information through online platforms, print materials, and agricultural organizations.

     (g)  The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this section.

     (h)  For the purposes of this section:

     "Agricultural fencing" means physical barriers, including but not limited to fencing infrastructure made of any combination of barbed wire, smooth wire, wooden posts, or electrically charged fence wire, and other exclusionary barriers for livestock or crop farms, that are designed to mitigate the movement of invasive species and protect agricultural activity.  "Agricultural fencing" also includes stone fences, traditional Hawaiian dry-set masonry also known as uhau humu pohaku, and other culturally appropriate fencing methods for livestock or crops.

     "Approved conservation plan" means a conservation plan approved by an applicable soil and water conservation district.

     "Conservation plan" has the same meaning as defined in section 180C-1.

     "Department" means the department of agriculture.

     "Eligible applicant" means any farmer or farm entity that meets the eligibility criteria adopted by the department pursuant to this section.

     "Eligible expenses" includes the purchase of materials, labor costs, and other costs deemed eligible by the department for:

     (1)  The installation, construction, repair, or improvement of agricultural fencing; and

     (2)  Projects designed to mitigate the movement of invasive species and protect agricultural activity.

     "Soil and water conservation district" has the same meaning as defined in section 180-1."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $1,000,000 or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of the biosecurity fencing cost-sharing program pursuant to section 141-  , Hawaii Revised Statutes.

     The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2025.

Report Title:

DOA; Biosecurity Fencing Cost-Sharing Program; Agricultural Fencing Costs; Reimbursements; Appropriations

Description:

Requires the Department of Agriculture to establish and administer a Biosecurity Fencing Cost-Sharing Program.  Appropriates funds.

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. 300

Honolulu, Hawaii

RE:    S.B. No. 523

       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 Agriculture and Environment, to which was referred S.B. No. 523 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Department of Agriculture to establish and administer a Biosecurity Fencing Cost-Sharing Program (Program); and

     (2)  Appropriate funds.

     Your Committee received testimony in support of this measure from the Department of Agriculture; Hawaiʻi Farmers Union United; Hawaiʻi Farm Bureau; Hawaii Cattlemen's Council, Inc.; Kealia Ranch; and two individuals.

     Your Committee finds that the spread of invasive species poses significant threats to Hawaii's agricultural viability, biosecurity, and ecosystems.  Your Committee notes that local livestock and crop farms are particularly vulnerable to predation, crop damage, and disease transmission facilitated by these invasive species.  Your Committee recognizes that although fencing is an effective method of invasive species management and biosecurity for native habitats and agricultural resources, it is expensive to install.  According to testimony received by your Committee, the cost-sharing framework of the Program proposed in this measure allows farmers statewide, regardless of the size of their farms, to safeguard their operations from invasive species and continue providing fresh, locally produced food to the communities of the State.  Your Committee also notes that aligning the adoption of approved conservation plans with the Program's reimbursement rates not only protects farms from invasive species, but also incentivizes conservation practices that prioritize healthy soils, responsible water use, and long-term land stewardship.  This measure addresses a critical barrier to farm viability while promoting meaningful conservation outcomes.

     Your Committee has amended this measure by:

     (1)  Changing the appropriation to an unspecified amount;

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

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

     Your Committee notes that this measure, as amended, contains an unspecified appropriation amount.  Should your Committee on Ways and Means choose to deliberate on this measure, your Committee respectfully requests that it consider inserting an appropriation amount of $1,000,000 for the establishment of the Program.

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 523, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 523, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,