RELATING TO THE RIGHT TO FARM.

HB193

HOUSE OF REPRESENTATIVES

H.B. NO.

193

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to THE right to farm
.

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

����
SECTION
1
.
�
The legislature
finds that while the Hawaii Right to Farm Act was established to protect
legitimate farming operations from undue nuisance lawsuits, there is a need to
ensure that these protections are appropriately balanced with the rights of
residents and the preservation of community standards.
�
The legislature further finds that it is
imperative to refine the Hawaii Right to Farm Act to prevent misuse and empower
local communities to determine acceptable agricultural practices.

����
Accordingly, the purpose of this Act
is to amend the Hawaii Right to Farm Act by:

����
(1)
�
Amending the
definition of "farming operation" to include customary and traditional
subsistence farming conducted by native Hawaiian cultural practitioners and
exclude concentrated animal feeding operations and business entities with
unclear or non-transparent ownership or beneficiary structures;

����
(2)
�
Establishing
additional criteria for farming operations to meet in order to be protected
against nuisance claims; and

����
(3)
�
Clarifying the purpose and intent of the
Hawaii Right to Farm Act.

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SECTION
2
.
�
Section 165-2,
Hawaii Revised Statutes, is amended as follows:

����
1.
�
By adding a new definition to be
appropriately inserted and to read:

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"
"Concentrated
animal feeding operation" has the same meaning as in title 40 Code of
Federal Regulations section 122.23.
"

����
2.
�
By amending the definition of "farming
operation" to read:

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""Farming operation"
means a commercial agricultural, silvicultural, or aquacultural facility or
pursuit conducted, in whole or in part, including the care and production of
livestock and livestock products, poultry and poultry products, apiary
products, and plant and animal production for nonfood uses; the planting,
cultivating, harvesting, and processing of crops; and the farming or ranching
of any plant or animal species in a controlled salt, brackish, or freshwater
environment.
�
"Farming operation"
includes but shall not be limited to:

����
(1)
�
Agricultural-based
commercial operations as described in section [
[
]205-2(d)(15)[
]
];

����
(2)
�
Noises, odors,
dust, and fumes emanating from a commercial agricultural or an aquacultural
facility or pursuit;

����
(3)
�
Operation of
machinery and irrigation pumps;

����
(4)
�
Ground and aerial
seeding and spraying;

����
(5)
�
The application of
chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; [
and
]

����
(6)
�
The employment and
use of labor[
.
]
; and

����
(7)
�
Customary and
traditional
subsistence farming conducted by native Hawaiian cultural practitioners.

"Farming
operation" does not include concentrated animal feeding operations and business
entities with unclear or non-transparent ownership or beneficiary structures.
�
A farming operation that conducts processing
operations or salt, brackish, or freshwater aquaculture operations on land that
is zoned for industrial, commercial, or other nonagricultural use shall not, by
reason of that zoning, fall beyond the scope of this definition; provided that
those processing operations form an integral part of operations that otherwise
meet the requirements of this definition."

����
SECTION
3
.
�
Section 165-4, Hawaii Revised Statutes, is
amended to read as follows:

����
"
�165-4
�
Right to farm.
�

(a)
�
No court, official,
public servant, or public employee shall declare any farming operation a
nuisance for any reason if the farming operation [
has
]
:

����
(1)
�
Was established before the commencement of
surrounding non-agricultural activities;

����
(2)
�
Has
been conducted in a manner
consistent with generally accepted agricultural and management practices[
.
]
,
as defined by the county in which the farming operation is located; and

����
(3)
�
Does not cause significant environmental
harm or public health concern.

There
shall be a rebuttable presumption that a farming operation does not constitute
a nuisance.

����
(b)
�

County ordinances governing agricultural practices shall supersede the
provisions of this chapter.

����
(c)
�

No court, official, public servant, or public employee shall grant the
protections under this chapter unless a farming operation has publicly disclosed
its ownership and beneficiary structures, including the existence of any parent
companies.
"

����
SECTION
4
.
�
Section 165-6,
Hawaii Revised Statutes, is amended to read as follows:

����
"
[
[
]�165-6[
]
]
�
Liberal construction.
�
This chapter [
is remedial in nature and
]
shall be liberally construed to effectuate its purposes[
.
]
, with due
consideration given to:

����
(1)
�
Safeguarding
the rights of local communities to determine acceptable agricultural practices
that align with their environmental, health, and cultural priorities;

����
(2)
�
Protecting the
public's right to clean air, clean water, and the preservation of the
environment;

����
(3)
�
Ensuring
transparency and accountability in the ownership and operation of farming operations;

����
(4)
�
Preventing the
misuse of farming protections by large-scale industrial agricultural
operations, including concentrated animal feeding operations, that are
inconsistent with sustainable and community-oriented agricultural practices;
and

����
(5)
�
Empowering counties
to adopt and enforce ordinances that protect the well-being of residents and
the environment.
"

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SECTION 5.
�
If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

����
SECTION 6.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION 7.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Hawaii Right to Farm Act; Farming Operations; Customary
and Traditional Subsistence Farming; Animal Feeding Operations; Ownership and
Beneficiary Structure; Nuisance Claims

Description:

Amends
the definition of "farming operation" by including customary and
traditional subsistence farming conducted by native Hawaiian cultural
practitioners and excluding concentrated animal feeding operations and business
entities with unclear or non-transparent ownership or beneficiary
structures.
�
Establishes additional criteria
for farming operations to meet in order to be protected against nuisance claims.
�
Clarifies the purpose and intent of the
Hawaii Right to Farm Act.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.