2022 Legislation

I’m pleased to report that out of the 9 bills I personally introduced that passed the House and Senate, 8 were signed into law. (SB2989 re: Healthy Soils was vetoed by the Governor. More detail below.) Overall, these bills seek to reduce climate change, increase local food production, improve soil health*, and sequester greenhouse gases through regenerative agriculture.

The last two years have taught us a lot about the threat of shortages in the food supply chain and water supplies and just how critical food security is to our island paradise. Incentivizing actions that promote climate mitigation efforts and that reward and support the role farmers play in achieving them is critical. To that end, some of my priority bills that passed this session are:

Carbon Sequestration Pilot Program - SB3325 (Act 185)

This bill establishes the Hawaii Carbon Smart Land Management Assistance Pilot Program to provide incentives for farmers and foresters to manage their lands in ways that help to sequester carbon emissions. This program would allow small farmers, ranchers, foresters, landowners, and lessees to be compensated for taking measures to help Hawai‘i reach its climate readiness goals.

Compost Reimbursement Program - SB3004 (Act 302)

According to the US Department of Agriculture, an estimated 30-40% of the food supply in the US ends up as food waste. This estimate corresponded to approximately 133 billion pounds and $161 million worth of food in 2010! Most of us know that one way to reduce food waste is to compost it. A three-year compost reimbursement pilot program was established within our state DOA pursuant to Act 89, Session Laws of Hawaii 2018, to provide cost reimbursements to farming operations in the State. The pilot program ended on December 31, 2021. The purpose of this bill is to permanently establish a compost reimbursement program within the DOA. It appropriates $945,000 for the program and $55,000 for one full-time permanent manager position and requires an annual progress report to the Legislature prior to each regular session.

Cover Crop Reimbursement Program - SB2990 (Act 312)

The use of cover crops, green manure, and compost increases agricultural productivity and aligns with the State's integrated sustainability goals. Plants used for this purpose, including grasses and legumes, add nutrients to the soil, act as windbreaks, assist with water retention, provide habitats for beneficial insects, and help prevent soil erosion. This bill appropriates $300,000 to establish a three-year cover crop reimbursement pilot program which would provide up to 75% cost reimbursement to farming operations in the State for the acquisition of cover crop seeds, green manure, or compost. It requires the convening of a review panel to screen and rate applicants on the quality of their cover crops and appropriates $50,000 per year for a program manager position within the DOA to administer the program.

Deposit Beverage Container Program - SB2998 (Act 012)

This bill requires the Department of Health to implement the Auditor's recommendations for the Deposit Beverage Container Program, including developing a risk-based selection process to select reports submitted by certain distributors and redemption centers for audit.

Farmer Apprentice Mentoring - SB3197 (Act 304)

The average age of our farmers in Hawai‘i is 61. In all my talks to young people, I encourage them to consider farming as a noble profession, no less noble than being a doctor, lawyer, or business person. We need to do all we can to support young farmers. I’ve been working with the Hawai‘i Farmers Union United (HFUU) to get this program passed into law for the past three years, so I’m stoked it finally passed. The bill appropriates less than what we requested but does provide $300,000 in funding to establish and implement a farmer apprentice mentoring program within the DOA.

FSMA Certification & Training - SB2960 (Act 136)

This is another bill I’ve been trying to pass for the last few years... It requires the DOA to partner with Hawai‘i's agricultural community to establish and implement a food safety certification training program to help small-to-medium-sized farms comply with complicated and expensive federal food safety certification mandates.

The need for food safety education and compliance is critical to keep Hawaii's 1,400,000 residents and nearly nine million annual visitors safe from foodborne illnesses. The bill appropriates $265,000 to establish and implement a training program.

Hemp Producers - SB2986 (Act 137)

I introduced SB 2986 in working with hemp farmers to lessen some of the regulations and make it easier for them to do business. In the end, because of concerns from agencies like the Attorney General and DOA, we weren't able to get final agreement on those changes in Conference Committee. I've already heard from hemp farmers who say they're closing up shop because of the version of SB 2986 that we passed. (It extends the sunset date of Act 14, Session Laws of Hawaii 2020, which established the state hemp processors and commercial hemp production laws by three years to 2025.) On the one hand, it's good that the USDA hemp program can continue to 2025, but it's very unfortunate we couldn't improve the program. Hopefully, the three-year extension will allow us the time we need to get more help for the hemp farmers to ensure a thriving hemp industry in Hawai‘i.

Two of the many things I’ve learned about working in the Square Building are patience and determination. Between now and next session, I'll be working with the hemp farmers to come up with a new bill for 2023. According to DOA, as of December 2021, we have 91 USDA-licensed hemp growers. I just hope they have the patience, determination, and money to stick around until we get this right. I’ve always said that Hawai‘i nei will become the global leader in hemp largely due to Hawai’i branding... whether it’s Honolulu CBD, Hawai’i Hemp Shampoo, or Hanalei Hemp Granola, once we’re at full steam, we’ll blow everyone else out of the water.

One of the other important points is education... The stigma against cannabis continues to linger in our state and that impacts how many in government view this incredible ag product. IMHO, ultimately, we need to legalize the recreational use of cannabis to change that negative perception, so that hemp can someday be viewed as a non-controversial ag crop just like tomatoes or lettuce.

Important Agricultural Land Tax Credit - SB339 (Act 139)

This bill extends the period during which the important agricultural land qualified cost tax credit is available. Applies to taxable years beginning after 12/31/2021.

*Healthy Soils Program - SB2989

I worked closely with the Hawai’i Farmers Union United (HFUU), Department of Agriculture; and  Hawai‘i Farm Bureau to introduce this bill which required the HDOA to establish a Healthy Soils Program. It passed the House and Senate, but unfortunately, was vetoed by the Governor.

Soil health is critical to Hawaii's agricultural industry. Additionally, soil carbon stocks can serve as an important source for carbon sequestration and would’ve helped the State meet its sustainability goals. This bill would have created a statewide soil health assessment with a list of best practices for improving soil health. It would have provided farmers with education and technical assistance to implement farm management practices that contribute to healthy soils. It also appropriated $500,000 to help farmers in implementing these practices by issuing awards and other financial incentives.

See more details as to why the bill was vetoed: Ige Intends To Veto Healthy Soils Program. Advocates Say That's Misguided - Honolulu Civil Beat

2021 Legislation

Agriculture Loans-SB 336 (Act 136)

Currently, agricultural loans of $25,000 or more are subject to the Board of Agriculture meeting process and approval. This bill streamlines the process for smaller agricultural loans by increasing the $25,000 threshold to $50,000 and allows loans up to this amount to be approved by the Director of the Department of Agriculture (HDOA) without Board input. The current law hasn't been updated since the 1980s and HDOA wants to amend the law to meet the needs of 21st-century farmers. It makes sense to give HDOA more flexibility to provide small-scale ag loans to farmers, especially in these hard economic times.

Animal Sex Assault-SB 343 (Act 031)

Bestiality is banned in 46 states, but until now, not in Hawai‘i. A study of more than 44,000 adult male sex offenders concluded that the sexual assault of an animal is the strongest predictor of the sexual assault of a child. Some studies have also drawn connections between the sexual assault of animals and serial homicide. This bill prohibits the sexual assault of an animal and makes it a Class C felony offense. In addition to the Class C felony, if the act is committed in front of a minor, or if a minor was subjected to sexual contact with an animal, the offense will be a Class B felony.

Cruelty-Free Cosmetics-SB 345 (Act 160)

This bill prohibits cosmetic manufacturers from selling in the state any cosmetic product involving new animal testing beginning on January 1, 2022. Non-animal testing methods spare significant numbers of animals from pain, distress, and death. And crucially, non-animal testing methods have higher relevance for humans compared to tests in animals, and thus ensure better protection of human health. This bill makes our state one of just six states (including California, Illinois, Nevada, Virginia, and Maryland) to pass such a law. We also join over 40 countries around the world that have restricted animal testing for cosmetics in recent years.

Aluminum Cans-SB 348 (Act 161)

This bill repeals an antiquated state law that prohibits carbonated soft drink, juice, and beer operations from using the same equipment to can noncarbonated bottled water (We were the only state in the country that had this law in place). This was a problem because it prevented companies like Ball Corporation and Maui Brewing Company from selling bottled water in aluminum cans which would reduce the use of plastic bottles. Unlike plastic bottles, 100% of the aluminum can is recycled. This bill repeals the requirement that noncarbonated bottled water be bottled in or through lines or equipment through which only water is passed.

Beach Restoration-SB 367 (Act 162)

According to a 2012 study by the UH and the United States Geological Survey, 70% of beaches in Hawai‘i are eroding. Burdensome regulations and permit requirements for beach restoration and maintenance projects discourage and prevent individuals, community organizations, and government agencies from initiating beach restoration projects. This bill waives the section 401 water quality certification requirement for beach restoration and management projects that have received notice of authorization to proceed from the Department of Land and Natural Resource's small-scale beach restoration program. With this bill, DLNR is able to issue permits for 5 years for these beach restorations

Greenhouses-SB 489 (Act 100)

This bill expands the allowable size of agricultural shade cloth, cold frame, and greenhouse structures from 20,000 sq. ft. to 60,000 ft., which allows farmers to benefit from economies of scale and expand their produce production. As stated in UH College of Tropical Agriculture and Human Resources' testimony: "Given the known advantage of such structures, this bill has the potential to have a significantly large effect on Hawai‘i agriculture."

2020 Legislation

SB 2701 (Act 60) 

This bill was recommended by the Subdivision and Condominium Property Regimes on Agricultural Lands working group that was initiated by Act 245 (2019) under the Office of Planning. The idea is to prevent fake farms. The bill allows the appropriate agency, such as the county fire department and county permitting agency, to enter the property upon reasonable notice to the owner or occupant, to investigate agricultural buildings for compliance with current law. 

2019 Legislation

• SB 1148 (Act 152) – The Hawaiʻi Department of Agriculture's most important program is the agricultural loan revolving fund because it helps farmers get up and running and assists them in times of natural disasters. This bill provides a $2.5 million appropriation for that program.

• SB 759 (Act 217) - Agricultural theft and vandalism is a huge issue in our state and it's important to dedicate some state resources toward reducing this problem. The bill appropriates $200,000 to the Hawaiʻi Department of Agriculture to establish a two-year agriculture theft and vandalism pilot project in Hawaiʻi and Maui counties to examine the effectiveness of prosecuting agricultural theft and vandalism cases.

• SB 522 (Act 254) – This bill establishes a plastic source reduction working group to make recommendations to reuse, reduce, recycle, and recover plastic waste. The ultimate goal is to eliminate plastic bags, polystyrene containers, plastic straws, single-use plastic bottles, plastic utensils, and plastic packaging.

• SB 763 (Act 258) – Recent legal action has been taken with Pinnacle Foods, Inc., a Delaware corporation for labeling their product line of potato chips as “Hawaiʻian” even though the chips are made in Washington with little to no ingredients from Hawaiʻi. This bill provides the state Department of Business, Economic Development, and Tourism a $150,000 appropriation to conduct a study to find out how much revenue our state is losing because of the exploitation of the Hawaiʻi-brand.

• SB 491 (Act 30) – This bill provides funding for the operational expenses of the Hawaiʻi Department of Agriculture, including their quality and price assurance branch, general administration for agriculture, and measurement standards.

• SB 753 (Act 63) - The Hawaiʻi aquaculture industry generates more than $74 million annually. Despite its success, the aquaculture development program has been reduced in staff and function. This bill appropriates $500,000 in funding to the Hawaiʻi Department of Agriculture for the revitalization of the aquaculture development program.

• SB 754 (Act 103) – As part of the cooperative agreement between the Hawaiʻi Department of Agriculture and the U.S. Food and Drug Administration, one of the objectives is for the state to have this authority so that HDOA inspectors can be legally allowed to inspect and regulate farms per the Produce Safety Rule. This bill enacts produce safety rules to authorize Hawaiʻi Department of Agriculture inspectors to inspect and regulate farm producing food in the state to increase food safety.

2018 Legislation

Sunscreen Press Conference for SB 2778 - January 30, 2020

Senator Gabbard’s Senate Bill, SB 2571 (Act 104) was a first-in-the-world law, which bans the sale of sunscreen containing the chemicals oxybenzone and octinoxate. The ban goes into effect on January 1, 2021. Research shows that these chemicals are a threat to coral reefs, marine life, and human health. SB 2778 would have taken sunscreen protection to the next level by banning additional ingredients not deemed safe and effective by the FDA.

• SB 2074 (Act 87) - The Legislature created the Important Agricultural Lands law in 2008, which provides incentives to landowners in exchange for them preserving agricultural lands in perpetuity. Those incentives were expiring, so this law extends the program another three years until 2021.

• SB 2556 (Act 59) - This bill completes the creation of our hemp pilot program which occurred in 2016 and 2017 by establishing a Special Fund, where the licensing fees and potential fines can be deposited and used for the program's operation. On April 18, the Department of Agriculture began accepting applications from farmers to start growing hemp. The first licenses were awarded in June and will continue to be issued on a quarterly basis.

• SB 2567 (Act 132) - This bill started in the Senate as a proposal to require cesspool upgrades at the point of sale. The law that passed sets up a Cesspool Conversion Working Group to come up with a plan to convert our nearly 88,000 cesspools by 2050 and for UH to do a study of sewage contamination in nearshore marine areas.

• SB 2571 (Act 104) -This was a first-in-the-world law, which bans the sale of sunscreen containing the chemicals oxybenzone and octinoxate. The ban goes into effect on January 1, 2021. Research shows that these chemicals are a threat to coral reefs, marine life, and human health.

2017 Legislation

Hemp Field Visit Waimanalo - April 28, 2018

Senator Gabbard dons his hemp shirt while standing in a field of towering hemp plants a year after the University of Hawaiʻi at Manoa Industrial Hemp Research Project concluded.

• SB 808 (Act 171) - This bill appropriates $450,000 in both Fiscal Years 2018 and 2019 to the Hawai`i Association of Conservation Districts (HACD) to improve farm practices, reduce erosion, improve ocean and drinking water quality, fight invasive species, and conserve water. HACD is made up of 16 soil and conservation districts representing every community on all major islands of our state.

• SB 786 (Act 170) - This bill changes all references to "medical marijuana" and "medical use of marijuana" to "medical cannabis" in state law and Administrative Rules. The term marijuana has no scientific basis and carries prejudicial implications rooted in racial stereotypes from the early 20th century.

• SB 773 (Act 199) - This bill improves the existing industrial hemp pilot program law by allowing farmers to apply for hemp licenses year round instead of just from January to April, requiring the counties to recognize the cultivation of industrial hemp, limiting the cultivation of hemp to licensees on agricultural lands, and repealing the requirement of having to get a movement permit to transport hemp plants or material.

2016 Legislation

• SB 2659 (Act 228) - This historic bill establishes a 5-year industrial hemp pilot program under the Department of Agriculture to allow the cultivation of industrial hemp for agricultural and academic research. (Note: You can’t get high on hemp!  See the documentary, “Bringing It Home”. ) This included the commercial sale of hemp as marketing and industry development. The Hemp Industries Association estimated last year that the retail value of all hemp products sold in the U.S. was $620 million.

•  SB 2647 (Act 125) – According to a 2008 study, Hawaiʻi has the nation’s third largest market for ivory, after New York and California. This bill bans people selling any part or product from the following animal species: elephant, rhino, hippo, lions, pangolins, cheetah, jaguar, or leopard and the following marine species: sea turtles, monk seals, narwhal, whales, or walrus. The passage of this bill goes after those involved in this illegal wildlife trade and in no way impacts the possession of ivory by the many Hawai‘i families who own these items.

• SB 2645 (Act 169) - There are over 100 public water systems in the state. Many of these water systems operate with inefficiencies that result in the loss of water, increased energy costs, and lost revenue. This bill requires the Commission on Water Resource Management to establish a 5-year program to conduct standardized water audits of public water systems.

•  SB 2652 (Act 202) – This bill establishes a renewable fuels production tax credit and repeal the existing ethanol facility tax credit. Renewable fuels that would qualify would be methanol, ethanol, hydrogen, biodiesel or renewable diesel, biogas, other biofuels, or renewable jet fuel or renewable gas. 

2015 Legislation

• SB 1050 (Act 100) – This bill requires our electric utilities to apply with the Public Utilities Commission by October 1, 2015 to establish a community-based renewables program. This allows people to hui up, find a piece of land, and purchase or lease however many PV panels they want and then get a credit on their electricity bill for the energy they produce. This benefits our renters and those without roof space, because they too can now lower their electricity bills and do something good for our environment.

  SB 1316 (Act 164) - This bill establishes a Working Group to examine the delays that have been occurring with the installation of electric vehicle charging systems at condominium and apartment communities. The idea is to make it easier for electric car owners to install a charging station where they live.

  SB 1049 (Act 189) – This bill prohibits the approval of an electronic device manufacturer's recycling plan if the plan only provides electronic device owners with a mail-back option. The bill's aim is to make it more convenient for people to recycle their electronic devices.

  SB 359 (Act 185)  – This bill expands the existing barrel tax on petroleum to also include coal and liquid natural gas to help fund energy & food security and emergency environmental clean ups. The bill also helps stabilize the funding for the environmental health functions of the Department of Health.

2014 Legislation

Senator Gabbard and Congresswoman Tulsi Gabbard (HI-02) attended the dedication ceremony for the Kauaʻi Island Utility Cooperative’s (KIUC) Kōloa Solar Project, the largest solar array in Hawaiʻi. The 12-megawatt, $40 million project by SolarCity includes 45,360 panels, was built on time and under budget, and will generate enough energy to power 4,000 homes. The solar array is estimated to displace 1.7 million gallons of oil annually and eliminate 35,000 tons of emissions each year.

The Gabbards honored KIUC CEO David Bissell and SolarCity co-founder Peter Rive for their dedication to ensuring the success of Kōloa Solar Project, which is a key part of the KIUC’s strategy to use renewable resources to generate at least 50 percent of the island’s energy by 2023.

• SB 2175 (Act 56) - This bill authorizes the Dean of the UH College of Tropical Agriculture and Human Resources to establish a two year hemp remediation and biofuel research project. This starts us on the path of growing our own hemp, an incredible crop that is used in over 27,000 products.

• SB 2196 (Act 107) –This bill extends the barrel tax to 2030, which was scheduled to end in 2015. Some of these funds are dedicated to energy and food security. The bill also reinstates the Energy Systems Develop Special Fund, which assists the UH based Hawai‘i Natural Energy Institute secure federal funding for their important research.

• SB 2657 (Act 106) – This bill sets procedures for the continuation of roof guarantees and warranties when solar PV panels are installed on the roof of a home. There have been disagreements in some situations in the past and this will make things work more smoothly.

• SB 2658 (Act 55)  -This bill allows solar projects to be located on parcels of Class B & C lands greater than 20 acres as long as a special use permit is obtained through the Land Use Commission. A provision in the bill requires the solar developers to lease additional lands to farmers at 50% lower than the market rate to make it easier for agriculture to thrive.

2013 Legislation

• SB 1087 (Act 211) - This bill allows for the establishment of a Green Infrastructure Financing Program. It helps us leverage private investment to assist lower and middle income folks in purchasing solar PV and other energy efficiency improvements through loans, which they pay back with their electricity bill.

• SB 19 (Act 261) – This bill clarifies the law to allow renters and commercial tenants to also gain access to the benefits of lowering their electricity bills through solar PV. This greatly benefits the residents and businesses of Kalaeloa who are faced with a steep increase in electricity costs that was recently announced by the Navy.

• SB 23 (Act 129) - This bill authorizes the issuance of SPRBs to assist Kaiuli Energy, LLC, with the financing of the planning, design, construction, equipping, acquisition of land, and other tangible assets for a seawater air conditioning district cooling facility and chilled water distribution system.

• SB 614 (Act 281) - This bill requires the State Foundation on Culture and the Arts to commission permanent works of art to honor the late U.S. Senator Daniel K. Inouye and the late U.S. Representative Patsy T. Mink.