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.
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:
"[Underlined: "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:
""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 [[Struck through: []]205-2(d)(15)[[Struck through: ]]];
(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; [[Struck through: and]]
(6) The employment and use of labor[[Struck through: .]][Underlined: ; and]
[Underlined: (7)] [Underlined: Customary and ][Underlined: traditional subsistence farming conducted by native Hawaiian cultural practitioners.]
[Underlined: "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. [Underlined: (a)] No court, official, public servant, or public employee shall declare any farming operation a nuisance for any reason if the farming operation [[Struck through: has]][Underlined: :]
[Underlined: (1)] [Underlined: Was established before the commencement of surrounding non-agricultural activities;]
[Underlined: (2)] [Underlined: Has] been conducted in a manner consistent with generally accepted agricultural and management practices[[Struck through: .]][Underlined: , as defined by the county in which the farming operation is located; and]
[Underlined: (3)] [Underlined: 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.
[Underlined: (b) County ordinances governing agricultural practices shall supersede the provisions of this chapter.]
[Underlined: (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:
"[[Struck through: []]§165-6[[Struck through: ]]] Liberal construction. This chapter [[Struck through: is remedial in nature and]] shall be liberally construed to effectuate its purposes[[Struck through: .]][Underlined: , with due consideration given to:]
[Underlined: (1)] [Underlined: Safeguarding the rights of local communities to determine acceptable agricultural practices that align with their environmental, health, and cultural priorities;]
[Underlined: (2)] [Underlined: Protecting the public's right to clean air, clean water, and the preservation of the environment;]
[Underlined: (3)] [Underlined: Ensuring transparency and accountability in the ownership and operation of farming operations;]
[Underlined: (4)] [Underlined: 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]
[Underlined: (5)] [Underlined: Empowering counties to adopt and enforce ordinances that protect the well-being of residents and the environment.]"[Underlined: ]
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.
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.
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