Senate AEN advances green amendment and several agriculture bills; key measures deferred

Honolulu — The Senate Committee on Agriculture and Environment on Jan. 27 advanced a package of measures aimed at environmental protections and agricultural support while deferring several complex funding and land-ownership bills for additional review.

The committee voted to pass a proposed constitutional amendment to recognize a right to clean air, clean water and a healthful climate (SB 559), and approved bills to establish a healthy soils program (SB 552), continue food-hub pilot funding (SB 693), add grant specialist positions at the Department of Agriculture (SB 688), create a neighbor-island inspection process funding path for service animals (SB 387), a tax credit for converting dairy to hog operations (SB 328), and to clarify beekeeper registration and liability protections (SB 765). Several measures were deferred for later decision — including a proposed agricultural development and food security special fund (SB 678), a bill to define "bona fide farmer" (SB 496), limits on ownership of agricultural land (SB 245), water-reuse and pollution limits (SB 329), and repeal of a general excise tax exemption for genetically engineered agricultural products (SB 681).

Why it matters: The measures collectively address long‑running priorities for Hawaii agriculture — improving distribution and market access for local producers, strengthening biosecurity and grant capacity, and adding environmental protections. Committee members repeatedly pressed agencies for details on implementation, costs and staffing, indicating additional committee work before some proposals become law.

Major debate and testimony

SB 559 (constitutional amendment to protect clean air, water and a healthful climate) drew sustained public testimony and questions from senators and the deputy attorney general. Deputy Attorney General Lyle Leonard told the committee the attorney general—s office submitted written comments expressing concerns about how broadly worded constitutional protections could affect future legislatures and enforcement agencies, and said he would need to review a recent settlement cited by a senator before answering whether the amendment would change litigation risk.

Supporters included Leah Laramie of the Hawaii State Climate Change Mitigation and Adaptation Commission, Ted Bolen of Climate Protectors Hawaii and advocacy groups including 350 Hawaii and Greenpeace Hawaii. Ted Bolen said the measure would let voters decide to "include something about the healthful climate" in the constitution. Sherry Pollock of 350 Hawaii disagreed with the attorney general—s concerns and testified the amendment would encourage agencies to consider environmental impacts when issuing permits, arguing it could have prevented past decisions she described as harmful to groundwater.

Leonard warned the amendment—s language is "very broad" and could invite novel judicial interpretation; he said its interaction with existing constitutional language that defines a healthy environment in relation to environmental-quality laws is uncertain.

SB 552 (Healthy Soils program) and SB 693 (Foodhub pilot program) drew wide support from agricultural stakeholders. The Department of Agriculture (DOA) testified it could administer the healthy soils program but asked the committee to consider whether existing entities and pilots, including the Hawaii Carbon Smart Land Management pilot and the Greenhouse Gas Sequestration Task Force, duplicate elements of the proposal. Hunter Hevlin of the Hawaii Farmers Union urged consolidating related programs under a single program to make services easier for producers to find. On the food-hub pilot, DOA reported prior funding (Act 313) produced measurable sales gains for one hub and that 21 unfunded proposals remain from the last round.

SB 678 (agriculture development/food security special fund) prompted detailed budget questioning. DOA said the bill aligns with department priorities but cautioned that the proposed deposit of up to 3% of the state budget would amount to roughly $250 million — a level the department has not previously managed. Budget and Finance staff and senators questioned the practical ability to spend such sums quickly; DOA said it could encumber funds and suggested longer appropriation windows to allow phased spending.

SB 688 (grant specialist positions) received bipartisan support; DOA and stakeholders argued dedicated, permanent grant staff would expand the state—s ability to secure and administer federal and private funds. DOA noted one 89-day grant writer has already applied for a $500,000 federal grant and said specialists would help both secure and manage awards through to closeout.

SB 496 (defining bona fide farmer) and SB 245 (limits on nonfarm ownership of agricultural land) prompted long discussion about how to craft definitions and exemptions that would not inadvertently exclude subsistence or culturally based production. DOA suggested using the federal revenue threshold as a starting point but acknowledged the challenge of spot-checking thousands of small farms.

SB 387 (neighbor-island inspection permits for service animals) drew operational questions. DOA and the Animal Industry division warned they lack permanent neighbor‑island staff and that private veterinary contractors perform on‑island inspections; Animal Industry Administrator Isaac Maita estimated neighbor‑island service‑animal inspections could cost roughly $100,000–$400,000 annually depending on contractor fees and volume.

Other measures: SB 681 (repeal of GET exemption for genetically engineered agricultural products) drew divided testimony from industry groups and producers; DOA told the committee it supports revisiting the credit. SB 329 (recycled water and no‑discharge targets) and SB 240 (right‑to‑farm cultural inclusions) were deferred by the committee for later consideration.

Votes at a glance

- SB 559 (constitutional amendment recognizing a right to clean water, air and a healthful climate): committee action '1 adopted (5 yes, 0 no). - SB 552 (healthy soils program): adopted with amendments (chair instructed committee report to blank appropriation amount for later insertion; effective date deferred to July 1, 2050) (5 yes, 0 no). - SB 678 (agricultural development/food security special fund): decision deferred to Jan. 29, 2025 (postponed). - SB 693 (foodhub pilot program continuation): adopted with amendments (blank appropriation inserted into committee report; effective date deferred) (5 yes, 0 no). - SB 496 (require Board of Agriculture to define "bona fide farmer/activity"): decision deferred to Jan. 29, 2025 (postponed). - SB 688 (grant specialist positions at DOA): adopted with amendments (deferred effective date; committee report to include DOA funding request) (5 yes, 0 no). - SB 245 (limits on ownership of agricultural lands): decision deferred to Jan. 29, 2025 (postponed). - SB 387 (neighbor-island inspection permits for service animals): adopted with committee note requesting DOA funding request be considered for permanent annual funding (chair—s record: vice chair voted with reservations) (5 yes, 0 no recorded; committee adopted motion). - SB 328 (income tax credit for conversion of dairy farm to hog farm): adopted as recommended (5 yes, 0 no). - SB 329 (recycled water and no-discharge targets): decision deferred to Jan. 29, 2025 (postponed). - SB 681 (repeal general excise tax exemption for genetically engineered agricultural products): decision deferred to Jan. 29, 2025 (postponed). - SB 765 (beekeeper registration and liability limitation): adopted with Office of Information Practices technical amendments and deferred effective date (5 yes, 0 no). - SB 184 (increase beverage-container deposit from 5¢ to 10¢): adopted by committee (reported vote: 4 yes, 1 no; motion adopted). - SB 240 (right-to-farm cultural inclusions): deferred indefinitely (committee on Hawaiian Affairs previously deferred; AEN agreed to indefinite deferral).

Discussion vs. decision

Committee action separated discussion from formal action. Multiple measures were debated at length or drew detailed questioning of agency capacity and fiscal impacts; in many cases the committee voted to advance bills with committee-report instructions to insert appropriation amounts or to defer decision making pending additional information.

What committees asked for next

- DOA to provide detailed breakout of current program funding, including the portion used for biosecurity and the 55M baseline referenced in testimony. - Follow-up on costs and staffing needed to administer a large special fund if SB 678 were to advance. - More data on the number and revenue of genetically engineered crop producers to inform SB 681. - DOA and Animal Industry to provide cost estimates and staffing plans for neighbor‑island service‑animal inspections.

Quotes

"We submitted testimony with comments... with some concerns about the challenges that the proposed amendment may have for future legislatures as well as departments enforcing environmental laws," Deputy Attorney General Lyle Leonard said during SB 559 testimony.

"This constitutional amendment would enable the voters to decide what they want in their constitution," Ted Bolen of Climate Protectors Hawaii said in support of SB 559.

"We need a green amendment to help our departments remember to consider the environment when making all their important decisions," Sherry Pollock of 350 Hawaii testified.

Ending

The committee concluded the 1 p.m. agenda after completing votes and setting decision deadlines for deferred measures. Several bills will return for decision at the committee—s next meeting on Wednesday, Jan. 29, 2025, at 1:01 p.m. in room 224; committee staff said public notices and amended committee reports would be posted on the Legislature—s website.