Hearings

Senate Standing Committee on Agriculture and Environment

February 18, 2026
  • Mike Gabbard

    Legislator

    We have a rowdy bunch here.

  • Glenn Wakai

    Legislator

    Yeah you should have been here in the last hearing.

  • Mike Gabbard

    Legislator

    I don't know. Okay. Good afternoon. Mahalo for joining today. Good afternoon.

  • Mike Gabbard

    Legislator

    Mahalo for joining today's AEN, WLA, and EIG triple joint hearing. It's Wednesday, February 18, and we'll convene 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 this hearing is cut short, the committee will reconvene to discuss any outstanding business on Friday, February 20 at 3PM during AEN's time slot here in Room 224, and a public notice will be posted on the legislature's website.

  • Mike Gabbard

    Legislator

    Because of our ninety minute time limit for hearings, there'll be a one minute time limit for all testifiers. And so we have, one item on the 3pm agenda.

  • Mike Gabbard

    Legislator

    It is SB 2371, requiring a landowner leasing ag subparcels on property used for ag agrivoltaics to prioritize lease offers for beginning farmers. Requires a landowner leasing ag subparcels on property used for ag agrivoltaics to submit an annual agrivoltaics compliance report to DAB, authorizes DAB to penalize any landowner that fails to meet agrivoltaics requirements, and authorizes the development of solar energy facilities on ag lands with productivity ratings of b, c, or d under certain conditions. First up, we have dad.

  • Cedric Gates

    Person

    Thank you, Chair. DAB stands on its written testimony offering comments on this issue.

  • Mike Gabbard

    Legislator

    Thank you, Cedric. Next is the Hawaii State Energy Office on Zoom.

  • Monique Zanfes

    Person

    Hi. Good afternoon, Chair, Vice Chair, Monique Zanfes with Hawaii State Energy Office. Sorry I couldn't be there in person. We stand on our written comments, and I am available for questions. Thank you.

  • Mike Gabbard

    Legislator

    Thank you. Next is Mary Alice Evans with the OPSD.

  • Danielle Bass

    Person

    Aloha, chairs, vice chairs, members of the committee. My name is Danielle Bass from the Office of Planning and Sustainable Development. We strongly support the intent of agrivoltaics within the agricultural district.

  • Danielle Bass

    Person

    We do offer amendments. Specifically, we have some concerns regarding the prevailing regional agricultural lease rate language. We believe that this could potentially make things higher than the existing requirement of the 50% below fair market value, weakening the incentives for beginning and commercial farmers. We offer some or multiple amendments to codify agrivoltaics in the state land use law. We also provide some amendments to make sure that 30% agricultural area be leased at the current 50% below fair market value to maintain affordability for farmers ensuring that the lease appraisal is based solely on the agricultural portion of the site.

  • Danielle Bass

    Person

    And we also, suggest strengthening the agricultural activities language to meet the state's local food production goals. I'm available for questions. Mahalo.

  • Mike Gabbard

    Legislator

    Thank you, Danielle. Next is Johnny Tamura from Public Utilities Commission.

  • Abby Raup

    Person

    Aloha Chair, Vice Chair and members of the committee, I'm Abby Raup with PUC, PUC stands on its testimony and is available for comments,

  • Mike Gabbard

    Legislator

    Okay with comments, Brian Miyamoto, Hawaii Farm Bureau.

  • Brian Miyamoto

    Person

    Thank you, Chair. The Hawaii Farm Bureau was, it's written testimony in support of the intent.

  • Mike Gabbard

    Legislator

    Thank you. Anyone else wishing to testify on this measure? Come forward. Seeing none, members, are there any questions?

  • Lynn DeCoite

    Legislator

    Question for DAB.

  • Mike Gabbard

    Legislator

    DAB?

  • Lynn DeCoite

    Legislator

    So, as I said, what steps have you guys taken to encourage the development of solar farms on Ag lands?

  • Lynn DeCoite

    Legislator

    Yeah.

  • Unidentified Speaker

    Encourage?

  • Lynn DeCoite

    Legislator

    Any encouragement to do solar farms on Ag lands? Have you guys taken any steps at all?

  • Unidentified Speaker

    "garbled"

  • Unidentified Speaker

    Encourage solar uses, If you're speaking of the 166 of our ag park and non agriculture park land.

  • Lynn DeCoite

    Legislator

    No, no I'm speaking in regards to this bill with the agrivoltaics, like, so in this case, have you guys taken any steps to encourage solar farms on your guys' ag lands?

  • Unidentified Speaker

    No.

  • Lynn DeCoite

    Legislator

    What is the level of interest and demand for solar farm development in Hawaii?

  • Unidentified Speaker

    Solar farm development just in general ...?

  • Lynn DeCoite

    Legislator

    In general, because, you know, people are moving into ag, solar farms, and so forth.

  • Unidentified Speaker

    I don't know what the...

  • Lynn DeCoite

    Legislator

    None whatsoever. Wow. K. Thank you.

  • Cedric Gates

    Person

    And, Senator, I'll get back to you with that question.

  • Lynn DeCoite

    Legislator

    So you believe there's many beginning farmers gonna take advantage of farming on these lands with agrivoltaics?

  • Unidentified Speaker

    It'd be pretty hard for a beginning farmer not knowing what the conditions are. They don't have to be kind of perfect information given to the beginning farmer. Yeah.

  • Lynn DeCoite

    Legislator

    I would think so. Yeah.

  • Unidentified Speaker

    Yeah. There will be limitations on operations and, you know, time of the day and dust and all that kind of stuff that, you know, he or she may not be fully aware of.

  • Lynn DeCoite

    Legislator

    Thank you. Thank you Chair.

  • Mike Gabbard

    Legislator

    Thank you, Senator.

  • Mike Gabbard

    Legislator

    I have a question.

  • Unidentified Speaker

    Chair, go ahead.

  • Mike Gabbard

    Legislator

    So are there, do you guys at DAB anticipate any increased enforcement workload for the counties?

  • Cedric Gates

    Person

    Workload? For solar, with respect to solar...

  • Unidentified Speaker

    ...No, not really, if the approval process, the special permit process, all those the conditions of approval are pretty much taken care of...

  • Mike Gabbard

    Legislator

    As far as enforcement of it, enforcement, it still passes.

  • Mike Gabbard

    Legislator

    Okay. Alright. Senator Fevella?

  • Kurt Fevella

    Legislator

    The question I have, did you guys visit any of them? That he's doing "farming" and...?

  • Unidentified Speaker

    The only one that I personally visited is the one was that Clearway along in the southern part of Mililani, south of Mililani town. There's a like a peninsula. One side is... the other side the solar energy facility where they have, they've been undertaking, I guess every voltaic experiments testing with along with Hawaii Agricultural Research Center. Yes So I've visited that.

  • Kurt Fevella

    Legislator

    So, by having one template like that going forward with what Senator DeCoite said, I'm thinking that should have some kind of, I'd say, incentive because we're talking about 50% lower on the rent. You need an incentive to grow the farming and then, of course, the energy situation. I was always against all those solo farms until I visit that farm, and they were supposed to expand to Kunia.

  • Kurt Fevella

    Legislator

    So I don't know if they did because of financial situation, but I think that's something that not just you guys, but even us guys here should encourage more because I see it really, really works well. They used to also have sheep. And the best part about the sheep is that they eat all the junk stuff like that underneath so they don't need to go clean them underneath, you know, underneath the area.

  • Kurt Fevella

    Legislator

    So, I seen the excuse of them growing not only vegetables and stuff that we eat, but even, like, Maili, which is, you know, hard to get Maili. Right?

  • Kurt Fevella

    Legislator

    They had an area that was cool enough that was actually growing in Maili, you know, so those ideas for moving forward. I mean, to me, I think that was like a template. So, it's something that I guess, not only you guys, but even us should encourage more of that even like what Senator Gabbard said with us with the food or early farmers.

  • Kurt Fevella

    Legislator

    Even though they don't know the condition, they can't probably visit there, and they have multiple conditions that they talk about that is challenging what is working or, the crops they can plant. And they have a area that they're doing that so that they know what's gonna grow and they move their production elsewhere.

  • Kurt Fevella

    Legislator

    So, there's something just to consider. I mean, not mandatory, but just to consider to it... Yeah. Thank you, Chair.

  • Mike Gabbard

    Legislator

    Thank you, Senator. Anyone else?

  • Lynn DeCoite

    Legislator

    I have a question for Farm Bureau.

  • Mike Gabbard

    Legislator

    Okay.

  • Lynn DeCoite

    Legislator

    Brian, so, you know, I know you guys have a lot of members under Farm Bureau. How many of your members do solar as well as crops on property? Because I noticed that this bill is for beginning farmers.

  • Brian Miyamoto

    Person

    Thank you, Senator. Brian Miyamoto, Hawaii Farm Bureau. I don't know the exact number of how many of the farms are taking advantage of this, of solar primarily. Our concern or one of the concerns I think that we had in our testimony is the, the beginning farmer provision that they get priority. We do we'd like to see all farmers.

  • Brian Miyamoto

    Person

    Again, we wanna encourage new and beginning farmers, but for something like this as I I think has been previously discussed, doing agrivoltaics is challenging. If it wasn't, we'd have a lot more. The parcel that's been referenced is actually a pilot, and it's a pilot because we're investigating whether or not it's possible. The one in Mililani. The agriculture that we currently see majority with solar is sheep.

  • Brian Miyamoto

    Person

    And, again, it's more of, rotational sheep grazing versus, what we believe is true agriculture. We don't see that sheep really in, commercial production or, right, where it's it's

  • Lynn DeCoite

    Legislator

    Could we also utilize the sheep...

  • Brian Miyamoto

    Person

    We're being ... that. It's something that, in discussions with, the solar industry is something that we'd like to see. We support renewable energy, we support agrivoltaics.

  • Lynn DeCoite

    Legislator

    How long will the pilot program last if you're gonna reference Mililani?

  • Brian Miyamoto

    Person

    I think, Senator, I think it's been going on for several years, we visited several times, we take people, our data, it is promising, it's something that we'd love to see, utilizing the ag land for food production and the ag production and for renewable energy. Again, it is difficult. I think if it wasn't, we'd probably see it in larger scale. And so I think, you know, working with HARC, I think working with the university, and working with...Clearway, trying to see if it is practical for a larger scale. That is the goal that we'd all like to see.

  • Brian Miyamoto

    Person

    We'd love to see dual uses on our ag land. Right now, it is, our understanding, still in a pilot phase because it is very challenging. They're competing for the same resources.

  • Lynn DeCoite

    Legislator

    So my question was, how long does a pilot usually last?

  • Brian Miyamoto

    Person

    I don't know if I can answer that correctly. The pilot is, I believe, designed for a short period of time or time certain to see if something is practical or not.

  • Lynn DeCoite

    Legislator

    Thank you. Thank you, Chair.

  • Mike Gabbard

    Legislator

    Senator Richards?

  • Tim Richards

    Legislator

    Yeah. Stay where you are Brian. I've puzzled on this for a while for agriculture and agrivoltaics. Reason being is because the photovoltaic is competing for sunshine, which is what agriculture is also competing. I completely agree with the sheep grazing and taking care of underbrush and helps fire control and all that.

  • Tim Richards

    Legislator

    It works out fine. Has the Farm Bureau looked at this from a national perspective and evaluated, because we're gonna have to reduce some production because we're robbing Peter to pay Paul, meaning we're using the the sun for energy instead of agriculture. Have we looked at that? Because I've wondered about the the metrics that we're talking about here for leases. Do you know of any work that's been done to evaluate reduction in agriculture productivity because of that?

  • Brian Miyamoto

    Person

    Thank you, Senator, for the question. And I that's what I meant by competing for the same resources. Not just the land, but the solar energy and even water. People don't know, but solar does take a little bit of water, not a lot of water. And, again, that's why agricultural land is so desirable because it has the features that the solar energy industry wants.

  • Brian Miyamoto

    Person

    Right? Mostly flat access to some infrastructure, basic infrastructure, including water. To answer the question, I I think there are others probably better suited, Senator. As I referenced, Hawaii Agriculture Research Center is partnering, and they may have done some of that research or have some of that data for you. I can, follow-up with your office or with the Chair's office on that question, Senator.

  • Tim Richards

    Legislator

    Yeah. I appreciate that. And, yeah, if we could get ... because this will be a recurring question as we go forward. Thank you, Chair.

  • Mike Gabbard

    Legislator

    Thank you. Okay.

  • Lorraine Inouye

    Legislator

    I I have a question for OPSD, please. Thank you for being here and offering comments. Land use commission, Does any of this particular land areas go to the Land Use Commission?

  • Danielle Bass

    Person

    Thank you for the question. Unfortunately, the LUC did not testify in this measure. We did coordinate with them. And, yes, this is codified in the state land use commissions law where these proposals, proposals for solar energy facilities on ag lands for lands that are on b or c go before the state land use commission with the special use permit process for the counties to review.

  • Danielle Bass

    Person

    And so what this bill does in, I believe, page 16 is it does open that up to d lands as well, which is it actually doesn't go through the Land Use Commission process since there's no special permit required.

  • Lorraine Inouye

    Legislator

    Again, can you repeat that?

  • Danielle Bass

    Person

    So for B and C lands, it does go, through the Land Use Commission process.

  • Lorraine Inouye

    Legislator

    I've always known that.

  • Danielle Bass

    Person

    But now that with this bill's language opening it up to d lands, that does not go to the Land Use Commission.

  • Lorraine Inouye

    Legislator

    And no matter how many acres?

  • Danielle Bass

    Person

    So That is my understanding after consulting with the staff there yesterday. Yes. So this provision will now open up d to go to the Land Use Commission with the special permit review.

  • Lorraine Inouye

    Legislator

    It does or it doesn't?

  • Danielle Bass

    Person

    It will. This provision in the bill.

  • Lorraine Inouye

    Legislator

    Oh, okay. On the d lands?

  • Danielle Bass

    Person

    Yes.

  • Danielle Bass

    Person

    Thank you.

  • Lorraine Inouye

    Legislator

    Okay. Thanks.

  • Mike Gabbard

    Legislator

    Okay. Thank you. Cheers for the decision.

  • Lorraine Inouye

    Legislator

    Okay.

  • Mike Gabbard

    Legislator

    Okay. We're gonna go right into decision making on this measure.

  • Lorraine Inouye

    Legislator

    Oh, wait. Excuse me. Excuse me. They need me to go vote. There's a vote being done now, so I'll be right down to public safety.

  • Mike Gabbard

    Legislator

    So the Chair's recommendation would be to pass, this measure with DAB's suggested amendments that protect agricultural integrity and also with OPSD suggested amendments to clarify implementation. Any discussion?

  • Lynn DeCoite

    Legislator

    You know, I agree with that, but what I would like to see that it be open up to all, all farmers, not just beginning farmers, Chair.

  • Mike Gabbard

    Legislator

    Okay. So, with that, AEN, Chair votes aye, Vice Chair.

  • Unidentified Speaker

    On Senate Bill 2371, passing with amendments, Chair votes aye, Vice Chair votes aye. Senator DeCoite?

  • Lynn DeCoite

    Legislator

    Aye.

  • Karl Rhoads

    Legislator

    Aye.

  • Unidentified Speaker

    Senator Rhodes?

  • Unidentified Speaker

    Senator Awa. Senator Awa is excused. Chair you have four in favor. Motion is adopted.

  • Mike Gabbard

    Legislator

    Thank you, members ..., water, land. Same recommendation.

  • Mike Gabbard

    Legislator

    There's no discussion. Vice Chair for the vote.

  • Lorraine Inouye

    Legislator

    With amendments.

  • Mike Gabbard

    Legislator

    Let's put amendments in there right?

  • Committee Secretary

    For the Committee on Water,Land, Culture, and the Arts, it's recommendation on SB 2371 is to pass, with amendments. Chair Lee?

  • Chris Lee

    Legislator

    Aye.

  • Committee Secretary

    Vice chair goes aye. Senator Chang?

  • Stanley Chang

    Legislator

    Aye.

  • Committee Secretary

    Senator Lamosao? She's not here. I can't see. Senator DeCorte? Measure is adopted, Mister Chair.

  • Mike Gabbard

    Legislator

    Thank you. For members of EIG, seeing recommendation. Any discussion? If not, Senator Chang, I vote yes.

  • Committee Secretary

    Chair's recommendation for Senate Bill 2371 is to pass with amendments. Chair votes yes, Vice Chair votes aye. Senator DeCoite?

  • Committee Secretary

    Senator Richards?

  • Tim Richards

    Legislator

    Aye.

  • Lynn DeCoite

    Legislator

    Aye.

  • Committee Secretary

    Recommendation is adopted.

  • Committee Secretary

    Senator Fevella?

  • Kurt Fevella

    Legislator

    Aye.

  • Mike Gabbard

    Legislator

    Thank you, members. That concludes the 03:00 agenda.- dialogue stops.

  • Mike Gabbard

    Legislator

    First up is DLNR.

  • Lorraine Inouye

    Legislator

    Good afternoon. The department stands on its written testimonies in support of the bill.

  • Mike Gabbard

    Legislator

    Thank you. Next is DAB.

  • Unidentified Speaker

    Thank you, chair. DAB stands on its written testimony in support of this measure.

  • Mike Gabbard

    Legislator

    Thank you. Wendy Gady from ADC.

  • Wendy Gady

    Person

    Thank you, chair. ADC stands on their written testimony in strong support.

  • Mike Gabbard

    Legislator

    Thank you. Brian Miyamoto, Hawaii Farm Bureau.

  • Brian Miyamoto

    Person

    Thank you, chair. The Hawaii Farm Bureau stands on its written testimony in support.

  • Mike Gabbard

    Legislator

    Thank you.

  • Mike Gabbard

    Legislator

    We also have Larry Jeffs from Larry Jeffs Farm, Johnny May Perry, Michael Jobbert, Daniel Nells, Veronica Moore, all in support. That's nine in support, none opposed. No com anyone else wishing to testify on this measure? Are there any questions, ma'am?

  • Lynn DeCoite

    Legislator

    Question, senator. DAB. Hey. Thanks for being here. So, based on the bill, the bill goes into funds to be funds to to the Department of Ag, Biosecurity, Department of Land Natural Resources, and Agribusiness Development Corporation.

  • Lynn DeCoite

    Legislator

    Based on your irrigation systems and the repairs and everything going forward, do you guys have any concerns about how much of the fund will be needed to do repairs and maintenance on your systems throughout the state? And are you guys agreeing that it'd be divvied up for the four ways of the different agencies or how's this hierarchy working in this bill?

  • Lynn DeCoite

    Legislator

    Was this a toss-up of we're just divvying these funds up for different ways between the departments because I'm well aware of the deterioration of all your water systems that helps farms and which way we're pulling what. As you guys know, ADC also controls water systems. So I'm torn between this bill and how we're giving this thing up to help the farmers have adequate water.

  • Lynn DeCoite

    Legislator

    As you know, water cutbacks within your systems and everybody else's goes into effect and impacts farms across the state of Hawaii.

  • Unidentified Speaker

    Each each of the agencies that are mentioned in the bill have you know, I I don't I wanna I don't wanna speak for it, like, BDC or.

  • Lynn DeCoite

    Legislator

    Speak on okay. Then do me a favor. Speak on you, and tell me what damages and repairs is needed on your irrigation systems.

  • Unidentified Speaker

    So we do have a whole big need of things that need repairs. We need, for instance, Molokai irrigation systems. I think we've identified about 7 and a half million dollars worth of repairs on that system. That's rather rather important. We have some additional repairs for our Kahuku system.

  • Unidentified Speaker

    It needs new motor controls of the pump house and pump house repairs, possibly, I think, tank, maybe a larger one. We always run out of water on that one.

  • Lynn DeCoite

    Legislator

    And Paauilo.

  • Unidentified Speaker

    Yeah. Paauilo. Big Island has a whole list of things also. So we definitely have a backlog of of irrigation projects that we could definitely use the money for.

  • Lynn DeCoite

    Legislator

    So so, Brian, as you read the bill, how would you prioritize the use of these funds? Because I know with ADC and some of the transfers, I just trying to figure out, is these funds adequate to be sufficient so that we continue to grow food and double food production across The US and do our farm to schools and so forth. Does this bill does it put more of a heavier burden on how we divvy up with DAB, ADC, and and the different DLNR?

  • Lynn DeCoite

    Legislator

    I mean, how do how do how do we break don't break out.

  • Lynn DeCoite

    Legislator

    We can prioritize food. We can prioritize ranching. We can prioritize conservation lands on on the water system, watersheds. I I just.

  • Unidentified Speaker

    Well we don't from a CIP perspective, we're not we don't prioritize any of our development things. For the appropriated amount listed in the bill,

  • Lynn DeCoite

    Legislator

    That would probably only be enough to cover the systems you gotta repay and the maintenance on.

  • Unidentified Speaker

    It yeah.

  • Lynn DeCoite

    Legislator

    Okay. Thank you, Brian. I know we're running out of time, but thank you. That's all I needed to know because I'm trying to figure out what we're gonna need for the rest. Sorry, chair. I'm just trying to get on better understanding.

  • Tim Richards

    Legislator

    Yeah. Just a real quick question. It's gonna be for everybody. Department of Ag, ADC, and DLNR. You guys are up first.

  • Tim Richards

    Legislator

    What Senator DeCoite talking about? What number do you need for DAB to fix your irrigation systems? Give me a round number right now. I'm looking at you, Brian.

  • Unidentified Speaker

    Let's see. We're in our testimony here, we're looking at an additional, I think, 13 million on top of that for certain projects. In addition to that, it's probably, I would guess, probably closer to 65 million or so.

  • Tim Richards

    Legislator

    Okay. 65 for DAB. ADC and DLNR, I need a number. Thank you.

  • Lorraine Inouye

    Legislator

    Can can I add chair to that as well? I noticed that, on page two on section.

  • Tim Richards

    Legislator

    Hang on a second, Senator. Let me finish my question.

  • Lorraine Inouye

    Legislator

    There's also the funds separated.

  • Sandra Richards

    Person

    This is Sandra Richards. DLNR, we don't have an exact number, but the 14 million is gonna be enough to at least get us, you know, all.

  • Tim Richards

    Legislator

    That's not what I asked. I asked what to fix.

  • Sandra Richards

    Person

    I understand what you're asking. I'm gonna have to get back to you with the number because, again, right, we have a couple things up in the air, so I need to redo the numbers actually right now.

  • Tim Richards

    Legislator

    Okay. But to fix stuff, not just put band aids, fix it. One time pow.

  • Sandra Richards

    Person

    We're actually in the process of transferring our stuff, which is why I don't have that answer for you.

  • Tim Richards

    Legislator

    So if you can get that and get it back to the chairs, please. Okay.

  • Sandra Richards

    Person

    Thank you. Yes.

  • Tim Richards

    Legislator

    And then finally, ADC.

  • Wendy Gady

    Person

    Good afternoon, chairs, vice chairs, members of the committee. We're in the process of five different acquisitions right now. So I would like to get back to you with an estimate based on adding those to our inventory.

  • Tim Richards

    Legislator

    Okay. Great. But we would like that in a very short timeline.

  • Wendy Gady

    Person

    You got it.

  • Tim Richards

    Legislator

    Okay. Thank you. Thank you, Chair.

  • Lynn DeCoite

    Legislator

    Chair, sorry. Wendy, without the acquisition in regards to Senator Richard's question, what you have now, what does it take? What is the price tag? Don't I don't want you to count the acquisition right now.

  • Wendy Gady

    Person

    Based on the water systems that we have, which would be the Waiahole water system here on Oahu, it would be the Kekaha and Kaukei systems that are on Kauai. That would be in the neighborhood of about $35 million just for those three. And the biggest portion would be actually putting pipe into the Kekaha system.

  • Lynn DeCoite

    Legislator

    Thank you. Thank you, Chair.

  • Mike Gabbard

    Legislator

    Okay.

  • Lorraine Inouye

    Legislator

    DLNR. Yes. This bill on page two with the appropriation amounts that's identified in the measure, that for your agency, you have $14 million. Now, does this do you know what the cost would be for the Waipahu, the acquisition. Are you folks already managing the irrigation system we talked about in Waipahu or Waipahu on the dual lands?

  • Sandra Richards

    Person

    No. We're in the process of that right now.

  • Lorraine Inouye

    Legislator

    Okay. So we haven't done anything. Do you know that's gonna be under your Kuleana. Yeah?

  • Sandra Richards

    Person

    Yeah. So we are going to acquire the Lake Wilson parcels for that. Our current irrigation systems on the other islands, right, again, we're in the process of transferring some of those already to ADC. So we haven't accounted for those in terms of cost for fixing because we're gonna turn them over as is. This money would help us with the.

  • Lorraine Inouye

    Legislator

    The 14 mil? Okay. What? What are you transferring to other agencies on the islands?

  • Sandra Richards

    Person

    So we have the East Hawaii irrigation system on Hawaii that's currently in the works. I'm trying to get to the ADC.

  • Lorraine Inouye

    Legislator

    That's going to ADC. Correct.

  • Sandra Richards

    Person

    Correct. We have Lower Kapahi, which we're actually doing an e I we're finishing the design to breach that particular one.

  • Lorraine Inouye

    Legislator

    Okay.

  • Sandra Richards

    Person

    And that one is also most of our dams are on Kauai.

  • Lorraine Inouye

    Legislator

    Oh, okay. Yeah. Nothing on the Big Island there, right?

  • Sandra Richards

    Person

    We have two on the Big Island, but one is actually a flood control project by the county. And the other one is a it's belongs it belongs to us, but it's under our Olson Trust. They are the only ones who can actually access the the reservoir. Okay.

  • Lorraine Inouye

    Legislator

    So it seems like DLNR is the only agency you'll be you you'll be comfortable with your section three with your 14 million for now. Nonetheless, the ones who are shortfall would be ADC and DOE then, according to what we were hearing today. Thanks so thanks so much for being here. Thank you, chairs.

  • Mike Gabbard

    Legislator

    Okay. Okay. We're gonna move into decision making now on this measure.

  • Mike Gabbard

    Legislator

    Chairs having conferred the we're gonna pass this with amendments to defer the date to 07/01/2050 and blank the appropriation amounts in the bill and insert them into the committee report for consideration. We wanna further note that DABs requested appropriation of 43,800,000 for the acquisition, maintenance, and repair of irrigation systems, and ADC's requested appropriation of 2.5 million for the acquisition, maintenance, and repair of irrigation systems in the state, both of which will be included in the committee report or consideration. Okay? So for AN.

  • Lynn DeCoite

    Legislator

    Chair. Chair, good discussion?

  • Mike Gabbard

    Legislator

    Yes.

  • Lynn DeCoite

    Legislator

    So chair, based on the line of questioning today, I would like the committee report to reflect DOA 65 million on repair and maintenance, as well as DLNR's 14 million and ADC's 35 million in that report. Please.

  • Mike Gabbard

    Legislator

    Okay. So based on that, chair for AEN, chair votes aye, vice chair.

  • Tim Richards

    Legislator

    On Senate Bill 2800, passing with amendments, chair votes aye, vice chair votes aye.

  • Tim Richards

    Legislator

    [Roll Call]

  • Tim Richards

    Legislator

    Chair, your form in favor motion adopted.

  • Mike Gabbard

    Legislator

    Thank you, members. And for Waterland. Committee on Waterland, same recommendation.

  • Lorraine Inouye

    Legislator

    Okay. Chair's recommendation for the Committee on Waterland Culture and the Arts on SB 2800 is to pass with amendments with, let's see. We've got three members. Oh, okay. Roll call.

  • Lorraine Inouye

    Legislator

    [Roll Call]

  • Lorraine Inouye

    Legislator

    Motion is adopted, mister chair.

  • Mike Gabbard

    Legislator

    Thank you.

  • Lynn DeCoite

    Legislator

    Committee on economic development tourism, same recommendation. Vice chair Kai for the vote, chair goes aye.

  • Glenn Wakai

    Legislator

    I vote yes. Senator Fukunaga? Excuse Senator Kim. Excuse Senator Fevella.

  • Glenn Wakai

    Legislator

    Chair, your recommendation is adopted. Thank you.

  • Mike Gabbard

    Legislator

    Thank you, members. And that adjourns.

  • Mike Gabbard

    Legislator

    Calling to order the 3:02 agenda for AEN and GVO. Here in Room 224, we have one item on the agenda. SB 2718 relating to the food hub pilot program beginning 01/01/2028.

  • Mike Gabbard

    Legislator

    DOE, DOH, Department of Corrections and Rehab, Department of Defense, and to ensure that 30% of the produce purchased by that department consists of fresh local ag products or local value added processed ag or food products. Requires the Department of Ag and Biosecurity to develop a nutrition and based program for integration into public school curriculum and requires DAB to partner with a regional aggregator to support the aggregation and processing of native Hawaiian staple crops, facilitate procurement pipelines, and expand access to native Hawaiian crops. Okay.

  • Mike Gabbard

    Legislator

    So first up on 2718 is DAG.

  • Cedric Gates

    Person

    Thank you, chair. DAG stands on this with your testimony in support of this measure.

  • Mike Gabbard

    Legislator

    Thank you, sir. Thank you, Senator. Next is Department of Health.

  • Frank Young

    Person

    Department of Health will stand on this testimony offering comments.

  • Mike Gabbard

    Legislator

    Comments? Okay. Tommy Johnson from Department of Corrections and Rehab.

  • Frank Young

    Person

    Frank Young standing in for Dorothy Johnson, Department of Corrections Rehabilitation. We stand on our written testimony in opposition of the bill.

  • Mike Gabbard

    Legislator

    Thank you. Keith Hayashi from DOE on Zoom.

  • Committee Secretary

    Not on Zoom, chair.

  • Mike Gabbard

    Legislator

    Thank you. Offers, comments, Brian Miyamoto, Hawaii Farm Bureau.

  • Brian Miyamoto

    Person

    Thank you, chair, the Hawaii Farm Bureau's stand on written testimony supporting the intent.

  • Mike Gabbard

    Legislator

    K. Carlin McFadden from the Hawaii Food Plus Policy, Purple Maia Foundation. Support

  • Mike Gabbard

    Legislator

    Anne Frederick from Hapa, Hawaii Alliance for Progressive Actions in support. Kalani Nui Wilson in support. So we have a total of 11 in support, one opposed, and three have comments. Anyone else wishing to testify on this measure? Members, any questions?

  • Tim Richards

    Legislator

    Yes. Corrections.

  • Frank Young

    Person

    Good afternoon.

  • Tim Richards

    Legislator

    State your name into the microphone

  • Frank Young

    Person

    Frank Young, Department of Corrections and Rehabilitation.

  • Tim Richards

    Legislator

    Okay. You you came out opposed to this. Can you walk me through why you're opposed?

  • Frank Young

    Person

    Well, based on our testimony, we're struggling to meet the current percentage, I believe, at 10%. Alpin up to 30 in in a couple of years, I just see a a steeper path for us to comply with that.

  • Tim Richards

    Legislator

    And for you, what what is the obstruction? Where are barriers to get this in?

  • Frank Young

    Person

    Primarily, it's the procurement process, and then the quantities of the types of foods we're currently using in our meals, things like potatoes, carrots, celery, those kind of things, those items.

  • Tim Richards

    Legislator

    So and I don't wanna put words in your mouth, that's why I'm asking you to explain it. It's the availability and the procurement process to get the product. If it was readily available, did you have any issue with that?

  • Frank Young

    Person

    Oh, not at all. We would support local.

  • Tim Richards

    Legislator

    Okay. So it's not about local. It's about being able to get through the paperwork and the availability.

  • Frank Young

    Person

    The quantities, yes, that we we use on a daily basis.

  • Tim Richards

    Legislator

    Okay. Alright. Thank you. Thank you, chair.

  • Angus McKelvey

    Legislator

    Question, chair. Okay. How does the procurement process itself prevent you from doing this? You seem to say the process keeps us from doing this. Well, how is this process of procurement, which every agency uses, keeping you from doing this?

  • Frank Young

    Person

    There's basically the lowest cost vendors that we need to procure with and the fact that I think some of the more local smaller farms just don't have the quantities.

  • Angus McKelvey

    Legislator

    But that's not a procurement process issue. They that the farmers not having the quantities isn't the but see what I'm saying?

  • Frank Young

    Person

    Yep.

  • Angus McKelvey

    Legislator

    We're trying to track down the real roadblocks if we keep saying it's this code, this process is causing it. But it's not. It's just the fact that we have a supply problem. Right? We have a farmer supply issue.

  • Frank Young

    Person

    Yes.

  • Angus McKelvey

    Legislator

    Okay. Thanks. Appreciate it.

  • Lynn DeCoite

    Legislator

    So, Has food safety in any way hindered some of these farmers that you're not able to purchase funding to meet that?

  • Frank Young

    Person

    Oh, I'm not aware of that.

  • Lynn DeCoite

    Legislator

    Oh, so you guys don't have to deal with the food safety stocks?

  • Frank Young

    Person

    Not not that I'm aware of. No.

  • Lynn DeCoite

    Legislator

    Really? Wow. Okay. K. Dag, please.

  • Mike Gabbard

    Legislator

    K. Thank you.

  • Lynn DeCoite

    Legislator

    Thank you. Cedric, you as of today, do you guys have enough local suppliers to meet the requirement that 30% of the produce purchased by the five departments consist of fresh local egg products or local value added processed egg by 01/01/2020?

  • Cedric Gates

    Person

    Chair. I don't have that answer on me, unfortunately. But I know someone who might I

  • Lynn DeCoite

    Legislator

    Brian.

  • Lynn DeCoite

    Legislator

    think so.

  • Cedric Gates

    Person

    It's Brian.

  • Cedric Gates

    Person

    Who wants to come save the day?

  • Lynn DeCoite

    Legislator

    Brian, same question.

  • Brian Miyamoto

    Person

    Brian Miyamoto, Hawaii Farm Bureau. I think it's very difficult to answer the question, Senator, without knowing exact purchasing for each of these departments. But, I think anecdotally, with more programs which we're supporting, there's more competition for the limited supply of local that we have. And And that's why the Farm Bureau along with Dag and other partners come to you folks for positive agriculture policies in order to increase scale. That's something that we're working on.

  • Brian Miyamoto

    Person

    I believe right now, DOE is only at 6.4%. So we we do agree with with public safety. We support the intent. I think our concern is moving up that benchmark from 2030 to 2028 at 30%. DOE is already at 30%, 30 by 30 is is their goal.

  • Brian Miyamoto

    Person

    So, I think we're gonna have to change even another statute if this bill is going to pass because we're trying to align all the goals. Moving up two years may not offer us the opportunity that that the the industry is working on with the legislature to increase scale so that we can meet the demand of these programs farm to school. This one, I believe, is we refer to as farm to state.

  • Brian Miyamoto

    Person

    So, again, not knowing what each department is purchasing, but even understanding what 30% of their purchasing would look like, it's hard to determine. But, from a production standpoint, Senator, we do know that we need more land.

  • Brian Miyamoto

    Person

    We need more water to produce more because the the farmers that are producing now, they already have their markets. And we we're unsure if they're gonna be willing to move their markets, be it to to restaurants, hotels, supermarkets, farmers' markets to these different programs. So what we're trying to do is increase scale, have small farms become medium sized farmers, medium sized farms from large farmers. Large farms become

  • Lynn DeCoite

    Legislator

    So Brian

  • Brian Miyamoto

    Person

    bigger farmers and new farmers.

  • Lynn DeCoite

    Legislator

    So I get that, you know, you know, most of these guys either have their markets already Which some are under contract that they have to supply. So the add on of trying to supply the different departments. So I'll throw the question to you. Is it most of these departments before they can accept that food have to be food safety certified?

  • Lynn DeCoite

    Legislator

    And is it a challenge for the smaller farmers to still meet food safety certification to then do business via one hub or a cooperative that would be on pass through to get more product to meet that 30% demand?

  • Brian Miyamoto

    Person

    Your the first question, Senator, as far as our food safety certification, I understand working with state agencies that normal that's their normal practice to prevent or to minimize the risk. So a lot of times they'll be working with distributors who have food safety certification or and also may require it from the farmers or the food hubs or the aggregators. And that's why you yourself, Senator, has pushed forward legislation to help the small farmers because it is a challenge to to achieve certain food safety certification levels.

  • Brian Miyamoto

    Person

    And your second question I'm sorry, Senator.

  • Lynn DeCoite

    Legislator

    So my second question was on receiving of the, so now there's all these small farms. Would would those small farms put together be able to help attain the goal of 30%?

  • Brian Miyamoto

    Person

    Yes, Senator. We believe so. And and that's why we are supportive of the food hub programs because they act as aggregators mostly for small farms. So they'll help the small farms as far as with aggregation, with food safety certifications, with distribution, and allow the small farms to kind of focus on the farm side. So we believe they can contribute to helping achieve some of these these these, agriculture goals that we have.

  • Lynn DeCoite

    Legislator

    Because I noticed it also, allows for the value added, yeah, which would help to get to that 30% goal.

  • Brian Miyamoto

    Person

    Absolutely. And that's why we're encouraged with value added, being included in these percentage goals.

  • Lynn DeCoite

    Legislator

    Okay. Thank you. Thank you, Chair.

  • Mike Gabbard

    Legislator

    Okay. Sure. We got a brief recess.

  • Mike Gabbard

    Legislator

    Okay. Reconvening the 03:02 PM. On joint with AEM and GVO. Chairs having conferred, the decision will be to pass with amendments that are incorporating the Hawaii Alliance for progressive actions. I'll start again. Pass with amendments incorporating the Hawaii Alliance for Progressive Action suggested amendments to streamline the measure, remove barriers, and provide flexible support for food hubs.

  • Mike Gabbard

    Legislator

    We'll also make some technical amendments including deferring the date to 07/01/2050. I'm gonna blank the appropriation amount and insert it in the committee report for consideration. Any discussion with the AEN? Chair votes aye, vice chair.

  • Tim Richards

    Legislator

    On Senate Bill 2718 passing with amendments, [Roll Call] Chair, you have four in favor, motion adopted.

  • Mike Gabbard

    Legislator

    Thank you, members.

  • Angus McKelvey

    Legislator

    Okay. Committee, number of operations, same recommendations. Senate draft one, I vote yes.

  • Mike Gabbard

    Legislator

    On SB 2718, for GVO, chair votes yes. Vice chair votes aye. Senator Hashimoto? Aye. Senator Moriwaki is excused.

  • Mike Gabbard

    Legislator

    Senator Awa is excused. The measure is adopted. Thank you. That concludes the

  • Mike Gabbard

    Legislator

    Okay. We are gaveling in the 3:05 AEN, deferred agenda.

  • Mike Gabbard

    Legislator

    First up is Senate Bill 2374, establishing a blue economy working group to study how to develop and support marine based economic activities that align with the state's decarbonization and restorative food production goals.

  • Mike Gabbard

    Legislator

    So on this one here, it's just decision making on 2374. Let's see here.

  • Mike Gabbard

    Legislator

    The chair's recommendation will be to pass with an amendment to defer the date to 07/01/2050. So we're going on to WAM. EET will be making their they're having their hearing tomorrow on this first. Any questions? Chair votes aye, vice chair.

  • Tim Richards

    Legislator

    On 2374, passing with amendments, Chair votes aye, vice chair votes aye.

  • Tim Richards

    Legislator

    [Roll Call]

  • Tim Richards

    Legislator

    Chair, a floor in favor. Motion is adopted.

  • Lynn DeCoite

    Legislator

    And then. Committee on economic development tourism will be deferring decision making to 02/18/2026 at 03:05PM in Room 229.

  • Mike Gabbard

    Legislator

    Thank you, chair. Moving on to SB 2760. Relating to invasive species, clarifying the implementation of any item or material infested or infected within insect or other animal disease or pest is prohibited.

  • Lynn DeCoite

    Legislator

    Sorry, sorry, I gotta go back. Yeah, it's February, not 18. What is tomorrow? 19. Sorry.

  • Lynn DeCoite

    Legislator

    Back to Senate Bill 237 for deferring to February 19 at 3:05. No, not 3:05. 1:05. Sorry. Deferring to 1:05 on February 19 room 229.

  • Lynn DeCoite

    Legislator

    Like 02/19/2026. EDT. Thank you.

  • Mike Gabbard

    Legislator

    Thank you for the clarification.

  • Mike Gabbard

    Legislator

    And so on, SB 2760. The chair's recommendation would be to insert the language under Section 6 in the bill to add, and I quote, notwithstanding any provision of the Hawaii administrative rules relating to clean air. Such rules are suspended to the extent necessary to permit biosecurity quarantine treatments, unquote. As well as make technical amendments, including defecting the date of 07/01/2050. Any discussion? Chair votes aye. Vice chair?

  • Tim Richards

    Legislator

    On Senate Bill 2760, passing with amendments. Chair votes aye. Vice chair votes aye. Senator DeCoite?

  • Lynn DeCoite

    Legislator

    Aye.

  • Tim Richards

    Legislator

    Senator Rhoads?

  • Karl Rhoads

    Legislator

    All resolutions.

  • Tim Richards

    Legislator

    And, Senator Awa is excused. Chair, you have four in favor.

  • Mike Gabbard

    Legislator

    Thank you, members. And then moving on to SB 2741, phasing in exemptions of locally produced produced food from the general excise tax. So the chair's recommendation on this one, it looks like the GET exemption is limited to locally produced food raise it raises constitutional concerns with the commerce clause.

  • Mike Gabbard

    Legislator

    So we'd like to amend the measure to delete the existing general excise tax exemption for locally produced produced food and instead establish a general excise tax exemption for agricultural inputs used in commercial ag production to address tax permitting and improve the competitiveness of Hawaii farmers. We'd also like to make technical amendments as well as defer the date to 07/01/2050.

  • Mike Gabbard

    Legislator

    Any discussion?

  • Tim Richards

    Legislator

    Chair, real quick. I appreciate the work that chair has done on this to move this forward. We're talking about cost of living and any way we can start whittling away at cutting down the cost of living. So I agree rather than deferring the bill, we just figure out how we can make it work and that'll help the community going forward. So, thank you, chair.

  • Mike Gabbard

    Legislator

    Excuse me. So, chair votes aye, vice chair.

  • Tim Richards

    Legislator

    On SB 2741 passing with amendments, Chair votes aye. Vice chair votes aye. Senator DeCoite?

  • Tim Richards

    Legislator

    Senator Rhoads?

  • Lynn DeCoite

    Legislator

    Aye.

  • Karl Rhoads

    Legislator

    Aye.

  • Tim Richards

    Legislator

    Senator Awa was excused. Chair, you have four in favor. Motion is adopted.

  • Mike Gabbard

    Legislator

    Okay. And that concludes the 3:05 agenda.

  • Mike Gabbard

    Legislator

    Okay. Calling into order the 3:15 agenda for an AEN. Let's see.

  • Mike Gabbard

    Legislator

    Starting off with SB 2941 relating to disposable body boards. Prohibits the sale, rental, or distribution of disposable body boards in the state and establishes penalties. First, we have three in support, zero opposed. Anyone here wishing to testify on this measure or online? Okay.

  • Mike Gabbard

    Legislator

    Okay. Let's move on to the next measure. SB 2712, relating to hemp; establishing the Hawaii Hemp Fiber Special Fund, establishing the Hemp Paper Packaging Pilot Program, and establishing the industrial hemp license surcharge. Excuse me. Okay. First up, is Attorney General on Zoom.

  • Committee Secretary

    Not on Zoom, Chair.

  • Mike Gabbard

    Legislator

    In person. Oh. Boy.

  • Travis Moon

    Person

    Good afternoon. Deputy Attorney General Travis Moon. We submitted our testimony with our written comments. I'm here if you have any questions. Thank you.

  • Mike Gabbard

    Legislator

    Thank you, Travis. Next is DAB.

  • June Surio

    Person

    Afternoon, Chair, Vice Chair, and members of the committee. I'm June Surio. DAB supports the intent of this measure, but we offer comments and we stand by our testimony. Thank you.

  • Mike Gabbard

    Legislator

    Thank you very much, June. Brian Miyamoto, Hawaii Farm Bureau.

  • Brian Miyamoto

    Person

    Thank you, Chair. Hawaii Farm Bureau will stand on its written testimony in support.

  • Mike Gabbard

    Legislator

    Thank you. Robert Bence on Zoom.

  • Robert Bence

    Person

    Good afternoon, Chair, members of the committee. Robert Bence, member of the Hemp Task Force. I have submitted written testimony with amendments. Unfortunately, this bill adds fees and regulations that would make it impossible and is narrowly focused on a economically unfeasible method. Expanding it to all industrial hemp grant priority to hemp farmers who have grown in the state successfully, completed at least one prior to 2025, and the big part of that in get the grant to the Ag Department, not in June's department. June is not capable of following this program. Big problems with June. Mahalo.

  • Mike Gabbard

    Legislator

    Robert, your time's up. Thank you very much, Robert. Anyone else wishing to testify on this measure? Members, any questions? Okay. On this measure, we have six in support, zero opposed, and two with comments. Okay. Moving on to 2576. Prohibits persons being per-- excuse me.

  • Mike Gabbard

    Legislator

    Prohibits persons being prosecuted for or convicted of the crime of criminal trespass on Ag land from owning, possessing, or controlling a firearm or ammunition. Let's see. First up is Haley Chang from the Office of the Public Defender. They are opposed. On Zoom, Godfrey Akaka from the Native Hawaiian Gathering Rights Association.

  • Godfrey Akaka

    Person

    Aloha. We support this bill. There's been a lot of misunderstanding about native gathering rights, and in my written testimony, I kind of explained how we need to be respectful of boundaries. Just the other week, we had in our homestead hunter poaching and shooting towards our uncle then right next to us, and they almost got shot because the poachers were shooting deer into somebody else's farm. So it's a issue all over. Currently, my partner and I, we're also outfitting leasing properties. We're getting major issues. We were getting shot at.

  • Godfrey Akaka

    Person

    My wife, my grandkids, we're getting shot at from poachers. We had three arrests already. They got convicted. The problem is, right now, the conviction was they're supposed to owe $3,500 to us. The prosecutor told us that it's out of his hand-- it's out of his hands, so we cannot-- there's no--

  • Mike Gabbard

    Legislator

    Godfrey. Your time's up, Godfrey. Thank you very much for your testimony. Thank you.

  • Godfrey Akaka

    Person

    I'm available for questions.

  • Mike Gabbard

    Legislator

    Okay. Thanks. Next is Nicole Galase from the Hawaii Cattlemen's Council on Zoom.

  • Nicole Galase

    Person

    Thank you, Chair Gabbard, Vice Chair Richards. The Hawaii Cattlemen's Council submitted testimony in support of this measure because stronger measures are needed to deter trespassers and poachers. Many might think it's not an issue on big parcels of land, but put yourself in the boots of ranchers and farmers who are out there every day, often solo and running into armed poachers. This continues to be a danger for our members, both men, women, young and old. So we're asking for help in deterring disrespectful trespassers who put the food producers at risk of harm. Mahalo.

  • Mike Gabbard

    Legislator

    Thank you, Nicole. Next is Jerry Yuen with the Pu'uloa Rifle and Pistol Club on Zoom.

  • Committee Secretary

    Not on Zoom, Chair.

  • Mike Gabbard

    Legislator

    Page in opposition. Andrew Namiki Roberts from the Hawaii Firearms Coalition on Zoom.

  • Committee Secretary

    Also not on Zoom, Chair.

  • Mike Gabbard

    Legislator

    Also opposed. Jason Wolford on Zoom.

  • Committee Secretary

    Also not on Zoom, Chair.

  • Mike Gabbard

    Legislator

    Opposed. Michael Rice on Zoom.

  • Michael Rice

    Person

    Aloha, Senator. Michael Rice, speaking in opposition to this bill. There seems to be a misunderstanding about this is that this is-- this would criminalize the misdemeanor level of this trespassing bill, which would be, like, on-- or it would-- if you simply went on a farmer's property, this is what it would fall under. If you have a gun already or if you're illegally hunting with a dangerous implement, that's already a felony under the current law.

  • Michael Rice

    Person

    So I'm not sure what that miscommunication is, but this would mean, like, if a hiker unarmed went on to somebody's property, they could-- they would now be essentially charged with a felony even though it's a misdemeanor. They'd be prevented from purchasing a firearm or even possessing such. Like, I can understand a lot of the concerns. Cranston Pia is down the road from me, but that doesn't change that the man who killed him, if I can use that word correctly, would not have applied to this law. He was armed illegally.

  • Mike Gabbard

    Legislator

    Mike, your time's up. Thank you.

  • Michael Rice

    Person

    All right. Thank you very much.

  • Mike Gabbard

    Legislator

    Thank you very much. Klayton Kubo on Zoom.

  • Committee Secretary

    Not on Zoom, Chair.

  • Mike Gabbard

    Legislator

    In support. Let's see. Brian Miyamoto, Hawaii Farm Bureau.

  • Brian Miyamoto

    Person

    Thank you, Chair. The Hawaii Farm Bureau will stand on its written testimony in support.

  • Mike Gabbard

    Legislator

    Okay. Anyone else wishing to testify on this measure? There are 81 opposed, 12 in support, zero comments. Members, are there any questions?

  • Lynn DeCoite

    Legislator

    Question for-- with the-- no police department. Or if not, nobody from the police? That's okay, Chair.

  • Mike Gabbard

    Legislator

    Okay.

  • Lynn DeCoite

    Legislator

    Yep. No police department.

  • Mike Gabbard

    Legislator

    Alright. Moving on to SB 2112. Beginning January 27, bans the manufacturer sale, offer of sale, or distribution in the state of any food that contains petroleum based synthetic food dyes and synthetic chemical additives. Okay.

  • Mike Gabbard

    Legislator

    First up is Department of Health.

  • Mike Gabbard

    Legislator

    Thank you. And Jennifer Gardner on Zoom, National Confectioners Association.

  • Jennifer Gardner

    Person

    Thank you, mister chair, committee members. Jennifer Gardner on behalf of the National Confectioners Association. NCA supports a strong food safety system, but we respectfully oppose Senate Bill 2112 as it would contribute to an unworkable patchwork of state ingredient restrictions. It's critical for confectioners to be able to rely on a unified federal standard administered by FDA.

  • Jennifer Gardner

    Person

    With with Hawaii importing between 85 and 90% of its food, differing state restrictions would impact thousands of products, disrupt supply chains, and increase costs for consumers who already pay roughly 33% more for groceries than the national average.

  • Jennifer Gardner

    Person

    FDA has accelerated its review of food and color additives, and manufacturers are already reformulating products. New state specific restrictions during this process would only complicate and impede these efforts. Additional information is in our written testimony. Thank you.

  • Mike Gabbard

    Legislator

    Thank you, Jennifer. Next is Lauren Zirbel from Hawaii Food Industry Association.

  • Committee Secretary

    Not on Zoom, chair.

  • Lauren Zirbel

    Person

    Thank you, chair. Actually, in person. Good to see you guys. We submitted testimony in opposition primarily due to the fact that we would suggest using the federal regulatory agency to handle this type of thing. Having a patchwork of different regulations across each state, especially for our state, which is remote and rather small, creates a lot of implementation issues for retailers, distributors, and can create issues with even getting certain types of products.

  • Lauren Zirbel

    Person

    There is a lot of movement at the federal level right now. We included in our testimony a link to several of these that are currently being banned at the federal level. So, we don't think it is necessary for the state to pursue separate action. Also, it is extremely costly to do the testing, necessary to implement this. Thank you very much for the opportunity to testify.

  • Mike Gabbard

    Legislator

    Thank you, Lauren. Anyone else wishing to testify on this measure? Members, any questions? Okay. Hearing none, we shall go into decision making.

  • Karl Rhoads

    Legislator

    Chair?

  • Mike Gabbard

    Legislator

    Yes.

  • Karl Rhoads

    Legislator

    Before we do, can we, have a little discussion about the, the relating to trespass bill? The gun bill?

  • Mike Gabbard

    Legislator

    Yes.

  • Karl Rhoads

    Legislator

    So is the I understand that there's some concerns about whether the person is armed or not if they come onto the property. It doesn't seem like it would be a stretch to say if someone is criminally trespass sorry, is conviction of criminal trespassing well bearing a firearm that would hold up better in terms of the legalities of it if you wanted to move something ahead. I don't know if you don't want to, but you don't want to. It's your it's your okay.

  • Karl Rhoads

    Legislator

    But I think that would stand a better chance than having just somebody trespassing who's, you know, just walk using a walking stick or something.

  • Karl Rhoads

    Legislator

    For what it's worth. Okay.

  • Lynn DeCoite

    Legislator

    You know, see, I have the same issue. You know, we've dealt with many trespassing. And, basically, it's asking that, you know, you abide by the law. You ask before you go, but you are arriving there in a trespassing capacity, knowingly that you do not have the permission to enter into a property to try and avoid it. And, you know, at this point, we don't have those the the departments to ask these questions to at this time, which makes it really difficult.

  • Lynn DeCoite

    Legislator

    I would hope that you would entertain the idea of at least trying to move it and have better discussion with these departments that is looking at, basically, we're not addressing the situation at hand. I don't this is not an anti gun bill. It's about doing what is right.

  • Lynn DeCoite

    Legislator

    And those of us that have supported ag, the fear between farms and ranches is that now an admirable profession of growing food in the state of Hawaii has now become protecting yourself and arming yourself from people shooting shots via ranches without having the consideration and respect of asking these landowners that maybe because there's employees that could possibly be shot in the process of working these farms and ranches are now being put in the forefront of now trying to protect yourself while you're trying to produce food.

  • Lynn DeCoite

    Legislator

    And this will be in regards to whether you're on small farm or big farm.

  • Lynn DeCoite

    Legislator

    And these people are really afraid that one day they're gonna have to go to the family and say, by the way, your husband was shot due to a stray bullet because people decided to come in there and trespass. So I am asking for your consideration that we have continued a discussion so that we can have a better conversation at the end of the day. This bill will come back to you in a conference committee, I'm sure. And that's my request. Thank you.

  • Mike Gabbard

    Legislator

    K. Thank you.

  • Tim Richards

    Legislator

    Chair. I'll weigh in on this a little bit. I, reading the bill, I completely understand why it was written again safety in the workplace, specific in agriculture. That being said, I do understand the concern of just trespassing without a firearm. And Senator Rhoads brought up an interesting question about if it is with a firearm and you're illegal already, there may be some merit there.

  • Tim Richards

    Legislator

    I do agree with the the concerns of doing something if they just accidentally trespass, and so I completely support that that reasoning on that. But more importantly, the fact that this is triggering the conversation because people in agriculture are concerned for their safety. I can recount story after story after story about illegal trespassing with firearms, and that is a big concern. So, I do not support this bill the way it is, and I'm but I'm open for conversation.

  • Tim Richards

    Legislator

    So I appreciate that, Senator Rhoads, for what you proposed, and I would have fully support the direction we're headed right now. Thank you Chair.

  • Tim Richards

    Legislator

    Thank you, Chair.

  • Mike Gabbard

    Legislator

    Thank you. Okay. So we'll go-- okay. On SB 2941, we'll go right into decision-making here now. The-- prohibiting the sale and rental distribution of disposable body boards. I was made aware that the County of Kauai has already passed-- they're already banning disposable body boards as of December of last year, and I would like to recommend that we follow suit and pass this measure as is. Any discussion? Senator Richards. Chair votes aye. Vice Chair.

  • Tim Richards

    Legislator

    On Senate Bill 2941, passing unamended, Chair votes aye. Vice Chair votes aye. [Roll call]. Chair, you have four in favor. Motion is adopted.

  • Mike Gabbard

    Legislator

    Thank you, members. And then moving on to SB 2712. The chair's recommendation will be to pass with amendments incorporating the AG's office suggested amendments that establishes required grant standards and correct technical drafting issues as well as the Hawaii sustainable farms suggested amendments to expand eligible hemp uses, prioritize USDA compliant growers, and remove surcharges and additional regulatory burdens. We'll also make technical amendments and include deferring the date to 07/01/2050, blank the appropriation amount and insert into the committee report for consideration. Any discussion?

  • Mike Gabbard

    Legislator

    Chair votes aye.

  • Tim Richards

    Legislator

    On Senate bill 2712 passing with amendments of the members in attendance, anybody voting with reservations? Any no votes? Chair, you have four in favor motion adopted.

  • Mike Gabbard

    Legislator

    Hip hip hooray. Thank you, members. SB 2576 relating to trespass. So while I hear what you're saying, Senator DeCoite, and appreciate the input of the committee members, the fact is as you well know, we are out of time. I would like to so I would like to in terms of this session yeah.

  • Mike Gabbard

    Legislator

    We're gonna be deferring this bill indefinitely. So we'll have to pick up that conversation next session. And then on SB 2112, it's related to petroleum based food dyes. I'd like to pass this in with amendments incorporating the Animal Health Institute suggested amendments to clarify that the measure applies only to food for human consumption. And we'll also note in the committee report the Department of Health's funding and position appropriation request for consideration.

  • Mike Gabbard

    Legislator

    Any discussion?

  • Tim Richards

    Legislator

    Chair.

  • Mike Gabbard

    Legislator

    Yes.

  • Tim Richards

    Legislator

    Though I fully appreciate the direction we're headed with our nutrition, I cannot ignore the industry's concerns as we're transitioning over. So, I'll support it, but I'm really supporting with reservations.

  • Mike Gabbard

    Legislator

    Okay. So, with that chair votes aye, vice chair.

  • Tim Richards

    Legislator

    Of the members in attendance, anybody voting with reservations? Reservations. Reservations. Reservations. Reservations for Senator Rhoads and Senator DeCoite and Senator Richards.

  • Tim Richards

    Legislator

    Chair, you have four in favor motion is adopted.

  • Mike Gabbard

    Legislator

    Okay. Thank you, members. And that concludes the 03:15 agenda.

  • Mike Gabbard

    Legislator

    Aloha, and welcome to the 4:15 hearing, a joint AEN and EDU. Two measures on the agenda. First up is SB 2706, relating to workforce development; establishes a five-year Ag advisory workforce development pilot program within DAB in collaboration with UH's Community College and Department of Human Resources Development. So, first up is DAB.

  • Jonathan Ho

    Person

    Chair, Vice Chair, members of the committee, John Ho. We stand on our written testimony in support.

  • Mike Gabbard

    Legislator

    Thank you, John. Brenna Hashimoto from Department of Human Resources. No? They offer comments. On Zoom, Kahele Dukelow. UH on Zoom?

  • Committee Secretary

    Not on Zoom, Chair.

  • Mike Gabbard

    Legislator

    Okay. And then Brian Miyamoto from Hawaii Farm Bureau.

  • Brian Miyamoto

    Person

    Thank you, Chair. The Hawaii Farm Bureau will stand on its written testimony in support.

  • Mike Gabbard

    Legislator

    Okay. Anyone else wishing to testify on this measure? Seeing none. Members, any questions?

  • Tim Richards

    Legislator

    Quick one for DAB. For the record, identify yourself.

  • Jonathan Ho

    Person

    Oh. Jonathan Ho. I'm Quarantine Branch Manager.

  • Tim Richards

    Legislator

    Okay. Thanks. There's been so many different things trying to get you guys more people coming through the pipeline. There's been talk about reducing qualifications and all that. How do you see this benefiting you?

  • Jonathan Ho

    Person

    Yes. So the goal is to have, I think, like, an intermediary workforce to the extent of-- so the biosecurity inspectors are all bachelor of science four-year degree positions. So there's a lot of work that can be done at, like, the community level, so we're trying to create as another series within-- in conjunction with this to have a higher paying series because the series that we have right now, it like-- it caps at, like, a 13.

  • Jonathan Ho

    Person

    So it's not really a livable wage, unfortunately. So it's really hard to get folks in-- in the job-- into the work and staying. So then the goal is for this--right--you have this pipeline that you can use as we get a lot of vacancies and then have folks that are well trained, high qualified, they know what the work is and what the expectations are, and then we get them right into the workforce to do the work.

  • Tim Richards

    Legislator

    So they can become career as opposed to--

  • Jonathan Ho

    Person

    Yes. Exactly.

  • Tim Richards

    Legislator

    Okay.

  • Jonathan Ho

    Person

    Yes.

  • Tim Richards

    Legislator

    All right. Thank you. Thank you, Chair.

  • Mike Gabbard

    Legislator

    Okay. Chair, turn it over to you.

  • Donna Kim

    Legislator

    Okay. We are on Senate Bill 2,320 relating to agriculture, establishes the Kuleana Ag Tech Pathways Pilot Program to create career pipelines in the fields of agriculture and agricultural technology. It requires University of Hawaii to collaborate with Department of Education on ag and biosecurity, agri development business. We have a number of members testifying. First of all, Kitayashi in education e d DOE. Okay.

  • Donna Kim

    Legislator

    He was in our hearing earlier. Wendy Grady or Gady. Not here. That's for Agribusiness in support. Hawaii Department of Agriculture and Biosecurity.

  • Donna Kim

    Legislator

    Okay. And then Brian Miyamoto from

  • Brian Miyamoto

    Person

    Thank you, chair. The whole department will stand on written testimony in support.

  • Donna Kim

    Legislator

    K. Thank you. Anyone else wishing to testify in this measure?

  • Donna Kim

    Legislator

    Please. Please identify yourself.

  • Donna Kim

    Legislator

    Aloha.

  • Carlin McFadden

    Person

    Aloha, chairs, vice chairs, and the committees. My name is Carlin McFadden. I'm testifying on behalf of Hawaii Food Plus policy. I actually was the author of the Kuleana AgTech Pathways proposal, that I sent to you, Mike Gabbard. So thank you so much for hearing this proposal.

  • Carlin McFadden

    Person

    And I just want to testify in strong support of this bill on behalf again for Hawaii Food Plus policy. I'll briefly highlight why this bill matters. Hawaii's armies are aging. Our food system is shrinking, and we still import most of the food that we eat. At the same time, many young people want to work in agriculture but do not see a clear pathway.

  • Carlin McFadden

    Person

    SB 2320 helps us to close this gap. This bill brings high demand skills like GIS, drone technology, climate smart farming, and agricultural data into high school and UH programs. It creates real internships and dual credit pathways that connect students directly to farms and local businesses with regional ag tech hubs tailored to each county. This bill would support workforce development, food security, and prep the next generation to steward the Aina with both cultural knowledge and modern technology.

  • Carlin McFadden

    Person

    Therefore, Hawaii Food Plus policy respectfully urges your support for SB 2320.

  • Donna Kim

    Legislator

    K. Thank you so much. Anyone else?

  • Parwinder Grewal

    Person

    Chair, vice chair, thank you for the opportunity. Sorry that our testimony was a little bit late, but it has been submitted and received. Thank you. I just wanted to

  • Donna Kim

    Legislator

    Identify yourself first.

  • Parwinder Grewal

    Person

    Parwinder Grewal, dean of CTAHR. I wanted to just highlight a few items that we really appreciate this type of approach where all these agencies come together to develop a program like this. And we have been working closely with DOE. And last year, we launched this summer research institute.

  • Parwinder Grewal

    Person

    It's a program that engages high school students and undergraduate students in research with their faculty. And this year, this program will be expanded to all islands where CTAHR has the stations. And another effort we have is to, we are developing a three year accelerated undergraduate program, that will engage all students in, actual work. And then, all the education would be online so that, students can have access to see our education on all the islands. So we're actually very supportive of this. Thank you.

  • Donna Kim

    Legislator

    Okay. Thank you. Anyone else wishing to testify on this measure? Please.

  • Angela Young

    Person

    Angela, Melody Young cares. I'm in strong support, of the agriculturally, grown products and then, of course, jobs and internships for the students with this program. So one of my students from our church, we all are farmland in Waianae and in Kapolei. So, we did a agricultural contest and my students won. It was from the mayor's office of sustainability and climate change for inspiring the best design for the county's first Oahu Food Systems plan.

  • Angela Young

    Person

    So I think growing sustainable food, having farm to table, farm to school strategies is so inspiring and a valuable lesson to teach future keikis and ohanas. And so, you know, students, when they learn about sustainable land practices, they can be the future policymakers for the state of Hawaii and provide advice. Also for these efforts, so, I'm a fan. Thanks.

  • Donna Kim

    Legislator

    Thank you very much. Anyone else? Hearing none, members, any questions?

  • Lynn DeCoite

    Legislator

    I got a question.

  • Donna Kim

    Legislator

    Okay.

  • Lynn DeCoite

    Legislator

    UH. Yeah.

  • Lynn DeCoite

    Legislator

    I thank you, Dean. So wouldn't, this program fall within the purview of College of Tropical Agriculture and Human Resilience for CTAHR?

  • Parwinder Grewal

    Person

    It, absolutely can. And, we already do quite a bit in this, and we want to do quite a bit in this, and we want to do more. Last year, we had a number of meetings with the Department of Education to more collaboratively launch these opportunities so that they can support the high school students to engage and financially as well. Because from other islands, if the opportunity is on a certain place, they need to actually access it in some way.

  • Lynn DeCoite

    Legislator

    So you guys can already do this already?

  • Parwinder Grewal

    Person

    portions of it. It's not a, you know, big effort, but we are trying to do our part.

  • Lynn DeCoite

    Legislator

    So doesn't doesn't Wahi Wuan does something like this already as part of one of the DOE schools?

  • Parwinder Grewal

    Person

    I am not I don't know. Yeah. That part.

  • Lynn DeCoite

    Legislator

    Okay. Thank you.

  • Donna Kim

    Legislator

    Follow-up question. So you collaborated with DOE in what form and with whom?

  • Parwinder Grewal

    Person

    I have, meetings with, the superintendent and his staff. Okay. And and there is a person there, workforce development as well. Okay. Worked with them.

  • Parwinder Grewal

    Person

    Last year, we were starting our new program for the high school students. That time, everything was not you know, time was not enough. But we still launched the program and engaged many high school students on this island.

  • Donna Kim

    Legislator

    Oh, so the different high schools participate? The schools or the students how how does that work?

  • Parwinder Grewal

    Person

    Pardon?

  • Donna Kim

    Legislator

    How does that work, the students that are participating?

  • Parwinder Grewal

    Person

    Students engage with their faculty in independent research projects. Okay. And two students per faculty member, and they work entire summer, two months, for about twenty five hours per

  • Donna Kim

    Legislator

    And how many students? You said 10?

  • Parwinder Grewal

    Person

    We had 32 students.

  • Donna Kim

    Legislator

    32 students.

  • Parwinder Grewal

    Person

    Yes. Majority of the students were local high schools from any school that they could come to, at Manoa.

  • Donna Kim

    Legislator

    So with these pathways, do you folks, like, go to trips to Korea to see how they're doing their agriculture? Oh, absolutely.

  • Parwinder Grewal

    Person

    If there are opportunities, funding is mostly limited. That's the only issue. All this work that we have done so far, all our internal money moving around, and we actually pay the faculty money to fund the project. Okay.

  • Donna Kim

    Legislator

    So you

  • Parwinder Grewal

    Person

    faculty, but it is to support the project.

  • Donna Kim

    Legislator

    So you've sent faculty to Korea to

  • Parwinder Grewal

    Person

    No. I haven't sent them.

  • Donna Kim

    Legislator

    Okay. So you've not done any faculty or any any students to Korea?

  • Parwinder Grewal

    Person

    Yeah. Our faculty might have their own programs, engagement with other researchers, different places. But this is not a formal arrangement that I have made or we have made. Okay.

  • Donna Kim

    Legislator

    I'm just asking that because I know DOE has sent many, many, many

  • Parwinder Grewal

    Person

    No. We have not

  • Donna Kim

    Legislator

    engaged in faculty to No. To Korea for a number of years. Okay. Thank you. Sure.

  • Lynn DeCoite

    Legislator

    Sure. I've got a follow-up question.

  • Donna Kim

    Legislator

    Yes.

  • Lynn DeCoite

    Legislator

    Did he tell me what what is, climate smart farming? What is that?

  • Parwinder Grewal

    Person

    Which is, taking more resilient approaches. What that means is that, you are doing, applying sustainable approach. That is varieties that can be more resistant to variations in climate, they they they can withstand. And you also apply cultural practices that can help reduce stress on the plant so that it can still be productive when the variations occur.

  • Lynn DeCoite

    Legislator

    So so if I was growing one tomato and probably Wai'anae, help me understand climate change and cultural smart farming.

  • Parwinder Grewal

    Person

    Yeah. I wouldn't know where this location is, yet I'm still trying to learn.

  • Lynn DeCoite

    Legislator

    Westside, Hot Side.

  • Parwinder Grewal

    Person

    Dry dry environment.

  • Lynn DeCoite

    Legislator

    Dry, you know, I'm channeling Yeah.

  • Donna Kim

    Legislator

    Channeling grass this. Right? Backyard.

  • Parwinder Grewal

    Person

    Right. So in in those situations, you want to preserve whatever moisture that you have.

  • Lynn DeCoite

    Legislator

    There's no moisture in that area.

  • Parwinder Grewal

    Person

    Correct. So then you then you have to irrigate. But even under those conditions, if the temperature is so high, then the plant might still wither. So then you create conditions of partial shade enclosed environment, and, yes, you have to water plants gone to without water.

  • Lynn DeCoite

    Legislator

    Water that they no more. Okay. Thank you.

  • Parwinder Grewal

    Person

    I I yeah.

  • Lynn DeCoite

    Legislator

    Just curious. Thank you. Thank you, chair.

  • Donna Kim

    Legislator

    Okay. Any other questions, members? Hearing none. Thank you very much.

  • Tim Richards

    Legislator

    Hang on. Chair. Oh. One question. Dean.

  • Tim Richards

    Legislator

    Appropriations is blank here. Do you have the funding? Or what kind of funding are we looking at to get this done?

  • Parwinder Grewal

    Person

    So I am not aware of, how much funding, who has requested. I'm here because I'm interested in this workforce development. It's not I agree. It's not our bill.

  • Tim Richards

    Legislator

    Okay.

  • Parwinder Grewal

    Person

    But, supportive because whatever we can do, it's our for the honor to do whatever we can do.

  • Tim Richards

    Legislator

    K. Thank you. Thank you, chair.

  • Donna Kim

    Legislator

    Thank you. So, chair, you have a number in mind? No. No? Okay.

  • Donna Kim

    Legislator

    Okay. We are in decision making. You ready? Yeah. Yeah.

  • Donna Kim

    Legislator

    Go ahead. Go first. Yeah.

  • Mike Gabbard

    Legislator

    Okay. In decision making on the first item, SB 2706, establishing a five-year ag and biosecurity workforce development within DAB. The recommendation will be to pass—sorry—pass with technical amendments including deferring the date until 07/01/2050. For AEN discussion, chair votes aye.

  • Mike Gabbard

    Legislator

    Vice chair.

  • Tim Richards

    Legislator

    [Roll Call]

  • Mike Gabbard

    Legislator

    Thank you, members.

  • Donna Kim

    Legislator

    Thank you. For the Committee on Education, same recommendation to pass with amendments. Chair votes aye.

  • Troy Hashimoto

    Legislator

    [Roll Call]

  • Donna Kim

    Legislator

    Thank you. And for Senate Bill 2320, recommendation is to do a Senate draft one with technical and non-substantive amendments. The appropriation is blank on Page five already, and we will set—we will defect the date to 07/01/2050. Any discussion? Hearing none. Chair votes aye.

  • Troy Hashimoto

    Legislator

    [Roll Call]

  • Mike Gabbard

    Legislator

    Thank you. Same recommendation for AEN. Any discussion? Chair votes aye. Vice chair.

  • Tim Richards

    Legislator

    [Roll Call]

  • Mike Gabbard

    Legislator

    Okay and that adjourns the...

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