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Committee advances bill expanding Agribusiness Development Corporation powers amid opposition from OHA and environmental groups
Summary
The House Judiciary and Hawaiian Affairs Committee moved SB2169 (SD1 HD1) forward after testimony from the Office of Hawaiian Affairs and Earthjustice differed sharply: OHA endorsed exemptions for public‑trust lands, while Earthjustice urged deferral citing ADC’s past land and water mismanagement and opposition to eminent‑domain-like powers.
Chair David Tarnas opened the hearing on Senate Bill 2169, SD1, HD1, relating to the Agribusiness Development Corporation and moved the measure forward for decision-making.
An Office of Hawaiian Affairs representative told the committee OHA supports measures that strengthen agricultural productivity and local food security but emphasized a core duty to protect the public‑trust land corpus. OHA urged preserving an exemption for public‑trust lands as defined in HRS 171‑2 from any proposed condemnation powers.
Elena Bryant of Earthjustice testified in strong opposition. She said ADC has a history of mismanaging public lands and water systems and cited lease practices that she said led to pesticide contamination of agricultural land and groundwater, a federal court order related to the Clean Water Act that ADC had not fully complied with, and delays in restoring stream flows required by a state water commission order. She warned that granting ADC broader acquisition and condemnation authority, paired with protections that would prevent repurposing of acquired lands without ADC consent, would magnify those failures and risk further harm to communities such as West Kauai.
During decision‑making, Chair Tarnas acknowledged ADC’s troubled track record but said he would give the measure a chance; Representative Shimizu said she would vote no because safeguards were unclear and ADC had not testified. The committee adopted the recommendation to move SB2169 forward; members recorded a mix of affirmative votes and reservations and two members were noted as excused.
The committee record shows OHA’s requested exemption traces to HRS 171‑2, which OHA asked remain intact to protect the public‑trust corpus. Earthjustice asked the committee to defer the bill rather than advance it.
The committee’s next procedural step is to transmit the house draft to conference or further committees as determined by legislative procedure.
