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HB1616
HOUSE OF REPRESENTATIVES
H.B. NO.
1616
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to agriculture
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 166-2, Hawaii Revised Statutes, is
amended as follows:
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1.
�
By amending the definition of
"agricultural activities" to read:
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""Agricultural
[
activities"
]
purposes"
means the care and production
of livestock, livestock products, poultry, or poultry products, or apiary,
horticultural, or floricultural products, or the planting, cultivating, and
harvesting of crops or trees, including tree farms."
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2.
�
By amending the definition of
"aquacultural activities" to read:
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""Aquacultural
[
activities"
]
purposes"
means the farming or ranching
of any plant or animal species in a controlled salt, brackish, or freshwater
environment; provided that such farm or ranch is on or directly adjacent to
land."
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SECTION
2
.
�
Section 166-3.5, Hawaii Revised Statutes, is
amended to read as follows:
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"
[
[
]�166-3.5[
]
]
�
Commercial activity.
�
The department may allow, in each of its
existing and future agricultural parks, the disposition of no more than two
lots within an agricultural park for the processing, marketing, and displaying
of agricultural crops or commodities, which shall include any product created
through value-added processes as defined by rules adopted by the board.
�
The department may allow the disposition
of lots for commercial activity pursuant to this section after the initial
development of an agricultural park and regardless of whether the legislative
body of the county in which the agricultural park is situated approved plans
and specifications for the future disposition of lots for commercial activity
pursuant to this section, unless the final plans and specifications for the
agricultural park contained prohibitions or conditions on such future
dispositions of lots for commercial activity.
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The
department shall allow agricultural-based commercial venture operations that
may sell to the general public; provided that any such lots shall be leased and
operated by an agricultural park lessee in good standing with the department."
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SECTION
3
.
�
Section 166-6, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
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"(a)
�
Any provision of this chapter to the contrary
notwithstanding, the board may by negotiation, drawing of lot, or public
auction, directly dispose of public lands and related facilities set aside and
designated for use as agricultural parks, and any other lands and facilities
under the jurisdiction of the department pursuant to section 166-3 and
notwithstanding chapter 171.
�
Except as
provided by subsection (c), dispositions may be by lease and shall be subject
to the requirements set forth in rules adopted by the board in conformity with
section 166-9, and subject also to the following limitations:
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(1)
�
The property shall be disposed of for
agricultural or aquacultural purposes only;
except that in any agricultural
park that has more than fifty lots and is located in a county with a population
of more than 200,000 but less than 300,000, the property may also be disposed
of for the care and production of swine and swine products only using Korean
natural farming;
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(2)
�
The lessee shall derive the major portion of
the lessee's total annual income from the lessee's activities on the premises;
provided that this restriction shall not apply if failure to meet the
restriction results from mental or physical disability or the loss of a spouse,
or if the premises are fully utilized in the production of crops or products
for which the disposition was granted;
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(3)
�
The lessee shall comply with all federal and
state laws regarding environmental quality control;
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(4)
�
The board shall determine the specific uses
for which the disposition is intended; parcel the land into minimum size
economic units sufficient for the intended uses; make, or require the lessee to
make improvements as are required to achieve the intended uses; set the upset
price or lease rent based upon an appraised evaluation of the property value
adjustable as provided in rules adopted in accordance with chapter 91 to the
specified use of the lot; set the term of the lease, which shall be not less than
fifteen years nor more than fifty-five years, including any extension granted
for mortgage lending or guarantee purposes; and establish other terms and
conditions as it may deem necessary, including but not limited to restrictions
against alienation and provisions for withdrawal by the board;
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(5)
�
No lease shall be made to any person who is in
arrears in the payment of taxes, rents, or other obligations owing the State or
any county; and
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(6)
�
Any transferee, assignee, or sublessee of an
agricultural park lease shall first qualify as an applicant under this
chapter.
�
For the purpose of this
paragraph, any transfer, assignment, sale, or other disposition of any
interest, excluding a security interest, of any legal entity which holds an
agricultural park lease shall be treated as a transfer of the agricultural park
lease and shall be subject to the approval of the board [
of agriculture and
biosecurity
] upon reasonable terms and conditions, not inconsistent with
this chapter or rules of the board, which the board may deem necessary.
�
No transfer shall be approved by the board if
the disposition of the stock, or assets or other interest of the legal entity
would result in the failure of the entity to qualify for an agricultural park
lease.
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For the
purposes of this subsection, "Korean natural farming" means a self-sufficient
farming system that involves the culturing of indigenous microorganisms in
place of inorganic fertilizers to produce fertile soil.
"
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SECTION 4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
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SECTION 5.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Agricultural
Parks; Disposition; Commercial Activity; Swine; Swine Products
Description:
Clarifies
that the disposition of agricultural park lots for commercial activity may
occur after the initial development of the agricultural park and regardless of
whether the applicable county council approved plans and specifications
for
the future disposition of lots for commercial activity, with certain exceptions
.
�
Authorizes the care and production of swine and swine products within certain
agricultural parks and under certain conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.