Hawaii agriculture board approves invasive‑species lease amendments and rent‑waiver for Kohoul Agricultural Park lessees

The Hawaii Board of Agriculture and Biosecurity voted to amend leases at Kohoul Agricultural Park to add an invasive‑species control provision, waive the $30 lease‑amendment document fee, and offer eligible lessees in good standing a waiver of up to one year’s rent if they execute the lease amendment and submit acceptable invoices and receipts for CRB control dated July 1, 2025–Dec. 31, 2026.

Why it matters: The board said the package aims to standardize lease language across CAP parcels and to help farmers offset eradication and control costs for coconut rhinoceros beetle, which staff identified in 2025 on parts of CAP. Staff presentation materials said CAP contains 34 actively farmed parcels and that six previously amended leases still lack a clear definition of 'invasive species' and require further amendment.

Staff presentation and conditions: Agricultural Resource Management Division property manager Brandy Aayo told the board that the proposed provision would add both operative language and a definition section to the lease form. ARM proposed that the waiver equals one year’s rent or the total value of acceptable invoices and receipts, whichever is less. Staff emphasized that the waiver is conditional: participating lessees must (1) agree in writing to execute the lease amendment adding the invasive‑species provision and (2) submit invoices dated within July 1, 2025–Dec. 31, 2026 demonstrating expenditures specifically related to CRB eradication or control on CAP parcels. Staff also recommended waiving the $30 administrative fee for amendment documents processed under the action.

Board concerns and clarifications: Board members sought details on follow‑up and enforcement. Members asked how staff will verify compliance after the invoice window ends, whether the amendment would be mandatory or voluntary, and whether the invasive‑species list was administratively defined. ARM said annual property inspections can be used to follow up, that the waiver is an offer (lessees may elect to execute the amendment), and that the department maintains an official list of pests under existing HRS chapters and administrative rules (4‑68 and 4‑69). Staff also said the department can take corrective action under lease terms and recover costs from a lessee if the lessee refuses to perform required mitigation.

Board action and vote: After extended discussion about the long‑term burdens the clause could impose on producers and whether the department should pair requirements with cooperative cost‑sharing, the board approved the amendment package. The chair called the vote; the motion passed without recorded objections and several members noted their votes were cast “with reservations.”

Next steps and transparency requests: Board members asked staff to (a) provide an itemization or summary of the plant inventory that informed recent lease consideration amounts; (b) clarify inspection and enforcement protocols for post‑amendment compliance; and (c) circulate sample amendment language and a clear explanation of which pests or administrative rules will trigger enforcement. Staff said those materials will be provided at a future meeting or in packet materials.

The board’s action applies only to the Kohoul Agricultural Park leases identified in staff Exhibit A and does not automatically amend other state leases unless those lessees elect the amendment under the conditions described above.