Senate Standing Committee on Agriculture and Environment

Hello, Mai Kakou, and good afternoon. Mahalo for joining today's AEN hearing. It's Friday, March 14th, 2025, and we're convened here in Room 224, and video conferencing, which includes the audio and video of remote participants that's being streamed live on YouTube.

In the unlikely event that the hearing is cut short, then the Committee will reconvene to discuss any outstanding business on Monday, March 17 at 1:01pm during AEN's time slot and a public notice will be posted.

And because of our 90-minute time limit for the hearing, there'll be a one-minute time limit on your testifying, and we'll have a virtual countdown timer on the Zoom screen. And I also want to mention up front that a five member Committee, I need three for quorum. I don't expect them to be showing up.

There's something else going on and they inform me then. So, decision making will be on Monday at 1:01 PM, March 17th in 224. I didn't want some of you sitting around waiting, you know, for decision making and that it doesn't happen. So, it's not going to happen today. Just I thought let you know up front. 1:02. Sorry.

Okay. So, 1:02 PM on Monday, March 17th is when we'll have decision making for this hearing. Starting off, first, HB 48, HD 2, relating to coffee labeling, clarifies the labeling and advertising requirements for coffee that is grown and processed in the state. Defines regional origin. First up is Department of Ag.

Good afternoon, Chair. Greg Kakashima, Pesticides Program Manager representing the Department of Agriculture. The Department stands on its written testimony in support.

Thank you, Greg. And anyone else wishing to testify on this measure? We have Rebecca Villegas in support, Brian Miyamoto, from the Farm Bureau, in support. And also, James Falconer from the Hawaii Coffee Growers, also in support. Anyone else, either online or in person? Moving on.

Moving on, HB 782 HD1 establishes within the Department of Ag a working group to review and make recommendations on amending or repealing unnecessary or obsolete laws pertaining to agriculture. First up, Department of Agriculture.

Good afternoon Chair, Department of Agriculture. Standing on our written testimony offering comments.

Okay, thank you. Robbie Melton from the Hawaii Agricultural Research Center.

Hi, Chair, Robbie Melton of HARC. We stand on our written testimony in support.

Thank you, Robbie. Brian Miyamoto is not here. He's in support with Farm Bureau. Nicole Galase on Zoom.

Thank you, Chair Gabbard. Nicole Galase on behalf of the Hawaii Cattlemen's Council. Will stand on our written testimony in support. Thank you.

Thank you, Nicole. Anyone else wishing to testify on this measure? There were 11 in support and 0 opposed. One comment. Previous measure, HB48. There were 4 in support. 0 opposed. 0 comments.

Moving on to the next measure, HB 980, HD 1, relating to animals. Amends the law authorizing the killing of mongoose by clarifying the circumstances under which mongoose may be killed and authorizing feral chickens to be killed under certain circumstances. First up, Department of Ag.

Good afternoon, Chair. The Department stands on its written testimony with comments.

Comments. Thank you, Greg. Inga Gibson with Pono Advocacy on Zoom.

Hello. Hi, Chair Gabbard. Thank you so much for the opportunity. In strong opposition. It's unfortunate Senator Dr. Richards isn't there with you because this is really the worst time of any time to be introducing legislation to allow people to take the killing and potential disposal of birds into their own hands.

As you all well know, we're facing H5N1 Avian Influenza. The CDC and our own Department of Health have strict protocols regarding potential disease spread, biosecurity, disinfection, contamination. This Bill essentially puts this into the hands of anyone wanting to kill chickens. It is a really bad measure for public health, for animal welfare.

Even the amendments in the last Committee saying that, you know, this needs to be done within ABMA guidelines. Most individuals do not know American Veterinary Medical Association guidelines, and those guidelines would not allow any person to use the methods that are recommended. So, strong opposition if the Committee feels compelled to pass something out.

Happy to work with amendments, but we strongly urge you defer this Bill. It undermines our foundational animal cruelty statute. Mahalo, Chair.

Thank you very much. Next up is Stephanie Kendrick with the Hawaiian Humane Society, on Zoom. Hey, Steph. Aloha.

Aloha, Chair Gabbard. Stephanie Kendrick with the Hawaiian Humane Society. We share Pono Advocacy's concerns about this measure and also stand opposed. We did recommend, minimally, that the Bill be amended to require AVMA folks disposing of chickens to meet AVMA standards, rather than simply allowing it, as the measure does, as written.

But to Inga's point, the measure still presents animal cruelty and public health issues. Most of the AVMA techniques that do not require specialized equipment or controlled substances do require very close contact with animals.

And when we're dealing with an H5N1 outbreak, that seems extremely ill advised, as does allowing people to dispose of what might be sick birds without alerting anyone in public authority. So, I would strongly recommend the Committee defer this measure.

And if we do need some other protocols for managing our feral chicken population, we can probably do that without compromising the animal cruelty statute. Thank you, sir.

Thank you, Steph. Anyone else wishing to testify on this measure? Okay. There were four in support, seven opposed, and two with comments. We'll move on to HB 1237 HD1 relating to biosecurity appropriates funds to the Department of Ag for agricultural biosecurity and the prevention, detection, and control of invasive species in Maui County. First up, Department of Ag. Thank you. Christy Martin from CGAPS.

Aloha Chair, Christy Martin, Coordinating Group on Alien Pest Species, CGAPS. Mahalo for the opportunity. CGAPS is in support of this measure. The Maui Invasive Species Committee has provided those services when they're able to do that, fly over, and assist. We do have a couple of comments and a request.

One of them is that the language is not clear that if a Lanai Invasive Species Committee were to be created that they can work on things other than coqui frog. So we propose some language amendment to widen that that.

We also wanted to also suggest that there could be cost savings if funding were to go to Maui Invasive Species Committee through the University of Hawaii instead of the Department of Agriculture taking an overhead. Mahalo for the opportunity.

Thank you, Christy. Next is Teya Penniman from the Maui Invasive Species Committee. Hi Teya. Aloha.

Aloha Chair. Teya Penniman, Maui Invasive Species Committee. We stand in support of our written testimony and offer the following comments. MISC greatly appreciates the intent to provide more funding for invasive species work in Maui County. We suggest that language in section 2 be brought into invasive species or pests as proposed by the Department of Agriculture.

In order to ensure that the proposed additional biosecurity capacity for Molokai and Lanai is not limited to work on coconut rhinoceros beetles. We respectfully request that the language in section 3 be amended to support work by the Maui Invasive Species Committee on little fire ants in addition to work on coqui frogs. Since 2016, nearly all post border work on little fire ants has been led by and staffed by MISC.

We're concerned that if there is dedicated funding for work on little fire ants in Maui County that the model established this year of using private pest control operators is not a good fit for Maui due to the nature of infestations and that it will not adequately advance the goal of eradication.

Understanding why that is is important to understand the nature of the little fire ant infestations on Maui which are not limited to urban houses which would be better suited for private pest control.

Your time's up, thank you very much.

Okay, thank you.

Lori Buchanan from MoMISC, on Zoom. You there, Lori?

No, she's not available on Zoom Chair.

Okay, anyone else wishing to testify on this measure? Okay, on this one we had 28.

Oh, I'm coming in. Here I am. Aloha Chair Gabbard, Chelsea Arnott on behalf of the Hawaiian Invasive Species Council. We submitted our testimony in support, but also reflecting the the comments made by the Maui Invasive Species Committee and the Coordinating Group on Alien Pest Species. Available for any questions. Mahalo.

Thank you, Chelsea. Let's see. 28 in support, 0 opposed, and comments 1.

Aloha Chair Gabbard, Chelsea Arnott on behalf of the Hawaiian Invasive Species Council. We submitted our testimony in support, but also reflecting.

Wait a minute. I don't think that counts.

Available for any questions. Mahalo. Thank you.

Okay, I see Lori Buchanan there. Lori, that was weird. That was the first. Sorry, Chelsea. It only counts as one testimony. Okay, Lori. Aloha. Turn your sound on. There you go.

I am here, Honorable Senator Gabbard. It's so nice to see you. I am in support, strong support of the bill. I do support testimony from Teya and the Maui Invasive Species Committee. And I wanted to thank you and your committee for reviewing it and helping us out over here. We really appreciate it. Thank you so much.

Okay, thank you, Laurie. All right, next we'll move into some resos that we have, SCR 88 and SR 71, which is requesting the Department of Ag to establish and administer a microbial algae soil products pilot program. And first up is Department of Ag.

Department of Agriculture stands on its written testimony offering comments.

Okay, thank you. And then, okay. Anyone else wishing to testify on this measure? Moving on. SCR 91 and SR 74. So, for those of you who are not familiar, SCR stands for Senate Concurrent Resolution. It includes the House and the Bill that's right with it is Senate resolution.

So, in case the House does not agree, the Senate Resolution has a chance to pass.

So, this one here urging the Legislature to advance legislation and support policies that send safeguard individuals in the agricultural community, their families, their livestock, and other property and other individuals under their employment or care by amending the state's self-defense laws to deprioritize the duty to retreat in certain circumstances. First up is Department of Ag.

Good afternoon. The Department stands on its testimony in support.

Thank you. Nicole Galase, Hawaii Cattlemen's Council.

Thank you, Chair Gabbard. Nicole Galase, on behalf of the Hawaii Cattlemen's Council. We stand on our testimony in support because I know too many cases of our ranchers being faced with illegal trespassers and poachers who have weapons on them. They're in rural areas.

They have no idea how that armed person is going to react, but their first thought is, what are the consequences if I try to defend myself? And that's a valid question, because right now, it seems that trespassers have more rights than landowners or lease owners.

And our ranchers, who face this, they're mothers, they're fathers, they're responsible members of the community who are just trying to keep their ranch in operation. We need to protect our farmers and ranchers in these rural areas and deter illegal trespassers on ag lands. Thank you so much.

Thank you, Nicole. Master Shelby Pikachu Billionaire, on Zoom.

Yes, they're here on Zoom.

I'm here. Hello, everybody. How's it going? What's up, everybody? I support the Bill as our resolution and you guys—so support everything we already said before, and it was entitled with the 703-304.

So, to help reinforce the Bill, the law is already made in HPD to stand your own ground in case you feel like you're gonna get raped, murdered, your property, and your life, so you can protect your children. And we want to honor Duke, Pia, everyone who passed away. My heart goes out to all of you.

This should never happen to any of your kids, or your property, or your family, anywhere in the presence of time. So, hopefully you guys can pass this so we can help protect our children, our future, and it's already in the books. So, thank you very much and aloha.

Thank you. And Raquel Achu, on Zoom.

She's not available on Zoom, Chair.

Okay, let's see.

Mahalo, honorable Chair Gabbard. I totally support this resolution. We, it's been way too long and overdue, and I'm going to just keep repeating myself. You know, we've been asking, reaching out for years, and it took a life, and we face with unethical hunters. We just had recently kids we know there was under the age of 16.

You know, they have rifles, you know, and by the time you go for call HPD, it's going to take time or the man's shot shot, you know. So, I do support this fully, 100%, because I'm on my property. If I turn my back to retreat the perpetrator in a type of mind, they're going to be in, they're going to shoot me in my back.

No, it's going to be with my grandchildren, me or them. And it's sure not going to be my grandchildren, and it's sure not going to be me. So, I really support.

Okay, thank you. Next is Austin Sauced.

Hello. Honorable Senator Gabbard, appreciate with great appreciation for championing this Bill, Senate Resolution 74. It's long overdue. And I had gone in person on last year's February's brief meeting and seen the testimonies that was provided. And the ultimatum is us ranch owners, land agricultural landowners, we are faced on a daily basis with aggressive, unethical hunters.

I had gone through a study course for hunting safety and this type of measures that. I mean, aggressive hunters, they don't follow these rules, so they haven't gone through these courses. So, what we have is we have knuckleheads that's coming on our, our properties, illegally, neglecting all our posted signage.

And what we are faced with, aggressive hunters that wants to do their hunt. But I tell you what, they come with their dogs, and I'll show you some graphic pictures with these, all videos. Four milking goats in one morning, horrifically killed headshots. And what it shows me is this was an aggressive dogs made to hunt and kill.

And this mountain that was my property sits on the side slopes of KL Mountains. And there is no hunting dogs at no time throughout the year.

Thank you, Austin. Your time's up. Thank you.

Oh, I'm sorry, and I support the Bill.

Thank you very much.

Resolution. I'm sorry. Okay.

And so, we have—anyone else wishing to testify on this measure? No, actually, you can't. Yeah. So, there's for the SCR 91, there was 11 in support, zero opposed. And for the SR, the Senate Reso, there were 13 in support and zero opposed.

So moving on to SCR 93 and SR 76, urging the Governor and the state to work towards a just climate future by integrating indigenous knowledge into policy and decision making processes related to climate adaptation, climate mitigation and climate resiliency. First up is Baizoum Sharde Freitas. Sharde here. There she is.

Aloha, Chair Gabbard.

Aloha.

Aloha. Ovao Charde Merzberg, Freitasilo. I extend my gratitude to you and the Committee for hearing this resolution and standing my written testimony.

I'd also like to comment that, you know, this resolution is particularly timely and I would be remiss without acknowledging the elephant in the room, that's the ongoing chaos happening with the oligarchical assumption of power happening at the federal, federal level and here in Hawaii.

This type of violent takeover is not new to us as Hawaii was illegally overthrown by an oligarchy of plantation US Businessmen. And mahalo to those who advocated for Hawaiian values. And protection of our natural and cultural resources that is enshrined in our Hawaii state constitution.

This resolution provides an opportunity for our state to stand firm in protecting all that makes Hawaii so beautiful and unique. And while this resolution may seem a small step to some in the right direction, I wanted to share, you know, remind us all of the Hawaiian perspective that we plan for seven generations into the future.

My daughter is one of the youth plaintiffs as part of the Navajine v. State, Hawaii Department of Transportation case. And she provided me this quote. If I could just share this last piece. I know I'm over time.

Go ahead.

Basically, you know, the importance of caring for the land that gives us life and food that nourishes us and without doing so will have a big problem. You know, youth, they see it so clearly for what it is. And so I urge the Committee to adopt this resolution for the opportunity to testify.

Thank you, Sherry. Let's see. Master Shelby Picacho, billionaire.

Aloha Micah, everyone. Yes. I just looked over this resolution. I agree with how it's written. I know we got one year to use it to protect the climate. I agree with how it's written to get the Olala Valley the values inside. Because we know it's pollution, corruption, the smuggling, the porch.

And I, we got my gabbard up there to help with agriculture to tell them the truth of how we aquaponics. We live on islands, we should be self sustainable. And it should make sense logically for everybody here to grow their own food, raise their own plants, they can build their own house.

And with this resolution, hopefully we can move forward together with everybody working in harmony, city, county, state, public private partnerships. Thank you very much for moving forward.

Aloha. Thank you, picachu. Next, SCR 94 and SR 77, Maui Access Deer Control and Venison Initiative. First up, Department of Ag. Okay. Nicole Galase on zoom.

Thank you. Chair Nicole Galase on behalf of the Hawaii Cattlemen's Council, we stand on our written testimony submitted in support. Mahalo.

Okay, thank you. All right. For the two concurrent and the reso, there were four in support of the SCR 94, zero opposed, one comment. And on the senate resolution 77, there were four in support. Zero opposed and one comment. Moving on.

SCR 103 and SR 84 requesting the Governor to convene a temporary working group to investigate the existence and environmental dangers of PFAS, substances and other related chemicals. First up is Department of Ag.

Good afternoon, Chair. The Department stands on its written testimony with comments available for questions.

Thank you. Board of Water Supply.

Good afternoon. Chair Joyce Lin with the Honolulu Border Water Supply. We stand on our written testimony in strong support.

Thank you. Anyone else wishing to testify on these two measures? Okay. So as I said at the beginning of the hearing, because of lack of quorum, we will not have decision making today. That decision making will be for the entire agenda on Monday, March 17th at 1:02 PM here in room 224 during the meeting.

Thank you.