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Senator Mike Gabbard

May Newsletter

Vol. 18 Issue 5


Agriculture and Environment Committee, Chair

Judiciary Committee, Vice Chair

Government Operations Committee, Vice Chair

Aloha e friends,

I hope you and your ‘ohana are well. Memorial Day weekend is typically a time for getting together with friends and family and enjoying an extra-long weekend, which we all can enjoy and appreciate. But it's also a grave time for remembering those in the military who paid the ultimate price to sacrifice their lives so that we can enjoy these freedoms... 


The 2024 Legislative Session ended on May 3. On Saturday, May 18, I hosted my Listen Story community meeting on Zoom (due to a slight mishap with a twisted back injury, we had to cancel the in-person portion). I gave a comprehensive legislative update for Session 2024, summarized below. Please visit my YouTube channel to view the entire Zoom recording. As always, don’t hesitate to contact me at (808) 586-6830 orsengabbard@capitol.hawaii.gov if I can help you or your ‘ohana in any way. I also invite you to follow me on social media: @SenatorMikeGabbard, Facebook, YouTube, and X. Best wishes to you and your ‘ohana always. Me ke aloha pumehana! 

2024 LEGISLATIVE WRAP UP

As you can see in the chart below, 2,678 total bills were introduced this session. This is a typical amount. Of those, 262 total bills passed out of the Senate and House Chambers. As of May 23, the Governor has signed 27 into law, which leaves 235 in limbo... sitting on his desk, patiently waiting for his next move. So, what happens next?

What Happens Next...  

  • If the Gov signs the bill by July 10, the bill becomes law and is given an act number. 
  • If he doesn’t sign or veto the bill by July 10, the bill becomes law without his signature and is given an act number.  
  • If the Gov intends to veto the bill, he has to inform the Legislature by June 25 and deliver the veto by July 10, 2024.  
  • If the bill is vetoed, it won’t become law unless the Leg overrides the veto in special session by a 2/3 vote in each chamber. 
  • The Legislature must convene in special session on or before noon on July 10, 2024, to override the Governor's veto... so stay tuned. 

NON-AGRICULTURE & ENVIRONMENT (AEN) BILLS THAT PASSED   

Below are some of the bills that passed and failed that I thought might be of interest to you: 

Income Tax Cuts (HB2404) 

House Finance Committee Chairman Rep. Kyle Yamashita calls this the largest tax cut in state history. The bill doubles the standard deduction state taxpayers can claim when they prepare their 2024 taxes next year, and then adjusts income tax brackets and standard deductions in later years. For example: (courtesy of Civil Beat 5.2.24) a family of four, earning Hawai‘i’s median household income of $91,010 would see their income tax liability decrease by 69% by 2031. The family would owe $5,323 in taxes under current tax law but that would be reduced to $1,639 in 2031. “Between 2024 and 2031, this household would pay $19,925 less in taxes,” according to the Tax Department analysis. This is effective as of 12/31/2023.  It was cool watching colleagues dancing in the hallway at the Capitol high-fiving each other after this bill passed! 😉  

 

General Excise Tax (SB1035) 

This bill exempts hospitals, infirmaries, medical clinics, health care facilities, pharmacies, and medical and dental providers from General Excise Tax (GET) on goods or services that are reimbursed through Medicaid, Medicare, or TRICARE. Under current law, only medical services at a nonprofit hospital, infirmary, or sanitarium are exempt from GET, but services rendered by individual, or group practices or clinics are fully taxable. Government health programs such as Medicare, Medicaid, and TRICARE, do not compensate for the tax differential, which requires some providers to cover added costs. This will help reduce the cost of healthcare for our community's most vulnerable groups. It becomes effective January 1, 2026. 

 

Maui Wildfire Expenses (SB3068) and (SB582) 

We appropriated about $1 billion to cover various costs stemming from the Lahaina disaster, including $500 million for emergency housing for displaced residents and $124 million in rental assistance for those ineligible for aid from the Federal Emergency Management Agency (FEMA). The budget includes $65 million for a victims’ relief fund established for those who lost family members or suffered severe injury. Hawaiian Electric Industries, landowner Kamehameha Schools and Maui County are also contributing to the fund.  

 

Vehicle Noise (SB2350) 

The bill prohibits driving motor vehicles with noisy mufflers on public highways in high-density population areas and imposes separate fines for violations of motor scooter and motor vehicle muffler laws.  

 

Fire Marshal (SB2085) 

This bill establishes a state fire marshal to direct fire protection efforts statewide. It requires the State Fire Council to establish the terms of employment for the State Fire Marshal and appoint the State Fire Marshal to serve for a term of five years. These duties have been handled by a council of fire chiefs from Hawaii's four main counties and state fire agencies since 1979, when Hawai’i abolished the state fire marshal position. Currently Hawai’i is the only state without a state fire marshal. 

NON-AEN BILLS THAT FAILED

HECO (SB2922) 

This bill would require HECO to create plans for preventing wildfires and report any fires linked to their operations. It ensures that the cost of these measures is fairly distributed among ratepayers and approved by the Public Utilities Commission (PUC). Investigations are still not complete, and lawsuits are being filed. Introduced by Sen. Jarrett Keohokalole, chair of CPN (Commerce and Consumer protection), who made the decision to kill it because there were too many unknowns regarding how much it would cost ratepayers over the next 30 years. 

 

Recreational Cannabis (SB3335) 

This bill would make adult recreational cannabis use legal and establishes a state control board. It passed the Senate but died in the House Finance Committee (FIN).

 

Cockfighting (HB1980)

This bill would have established a separate offense and applicable penalties relating to the fighting of birds in the first and second degrees. It passed the House but died on the Senate floor.

 

Pedestrian Safety (SB2630)

This bill would have allowed pedestrians to act contrary to the statewide traffic code when a pedestrian carefully and reasonably determines that there is no immediate danger of a collision with a moving vehicle. It passed the Senate and died in the House.

AGRICULTURE & ENVIRONMENT (AEN) BILLS 

Of the 2678 bills introduced this session, 252 were referred to my AEN committee that I chair. Of those, 151 were agriculture bills and 101 were environmental bills. Of those, 14 agriculture bills and 4 environmental bills passed both the House and the Senate and are now on the governor’s desk awaiting their future. I’ve highlighted five of those below. 

AEN BILLS THAT PASSED

Biosecurity (HB2619)

Undoubtedly the biggest AEN bill (literally, at almost $20m) to pass this session is the Biosecurity Bill, which takes effect July 1 of this year. I introduced the companion SB2419 – a similar bill – in the Senate. Remember the Little Fire Ants (LFAs) that showed up at the Punahou Carnival this year? Not only does this bill provide funding to battle LFAs, but Coconut Rhinoceros Beetles (CRB), Coqui Frogs, Coffee Berry Borer, Rose Ringed Parakeets, Feral Cats and Chickens, Two-Lined Spittlebugs and though they haven’t arrived yet… Brown Tree Snakes… Yikes! If these nasty critters (BTS) ever invade our island paradise, we’re toast. In Guam, they cause frequent power outages, loss of native species, and loss of pets and birds. They most likely arrived in Guam via imported cargo in the 1940s. It has no natural predators on the island, so it has multiplied rapidly and caused the extinction of most of Guam's native forest birds and lizards.  

 

We’re in a state of crisis regarding invasive species infestations, threatening the livelihoods and well-being of farmers, ranchers and all of us. If we don't prioritize biosecurity, we could soon see the collapse of our natural and food ecosystems across the State. We’ve been aware of the problem for years, but this bill finally puts our money where our mouth is. It allocates $19.7M to the Hawai‘i Department of Agriculture (HDOA) to lead and coordinate the State's invasive pest control and biosecurity efforts, adding: 44 new positions, including 22 new Plant Quarantine Branch inspectors, critical to mitigating the transportation of invasive pests. And one of my favorite parts of the bill: HDOA is required to post real-time updates on pest infestations – date, location, actions performed, and names of staff and organizations involved, so that the public knows exactly who to contact at the HDOA, if the problem isn’t being addressed. The biosecurity bill also provides $200k funding to the counties as a grant-in-aid (50k per county), subject to a county match, for the implementation of feral chicken control programs. In my opinion, this bill is long overdue. 

 

Value Added Production (HB2144) 

Another bill you may have seen in the news is a pretty big deal for local entrepreneurs and farmers because it supports local industries by requiring the Department of Health (DOH) to change the definition of "homemade food products" in its administrative rules on food safety. It broadens the types of shelf-stable food that can be sold, while still maintaining high standards of food safety. “This bill will provide more opportunities for fruit growers to sell raw produce for use in value-added products such as jams, jellies, syrups and sauces,” said Mark Suiso, president of Hawai‘i Tropical Fruit Growers. “Ultimately, it enables Hawai‘i to better feed our community.” Introduced by Representative Kirstin Kahaloa in collaboration with Senator Dru Kanuha (who introduced the companion measure (SB2106) and who both represent Kona and neighboring areas on Hawai‘i Island, I worked closely with Sen. Kanuha to shepherd it through AEN. I’m proud of the way this bill empowers local entrepreneurs. Ken Love, President of the Hawai‘i Master Food Preservers, led community advocacy efforts for the measure throughout the legislative session and noted in a recent press release that the bill “...promises to help producers and growers be more sustainable while creating local food industry employment and alternatives to imported brands. Mahalo nui loa to Senators Kanuha and Gabbard and Representative Kahaloa.” 

 

Agricultural Leases (SB2413)

I introduced this bill to help get to the bottom of what’s going on with our ag land leases. It requires the Board of Agriculture to submit a report to the Legislature on the percentage of agricultural lands that are suitable for farming and actively farmed, along certain dollar amounts relating to lease transfers between lessees.  

 

State ag lands are a major resource to help us meet our economic diversification and food self-sufficiency goals. To help support farmers on ag lands, the State subsidizes lessees by providing leases below market rates and, in some cases, providing lower-cost agricultural water. Despite these subsidies, some state ag leases are used primarily as residences or non-agricultural businesses or remain unused. Lessees who obtain a state agricultural lease in high-demand locations can transfer the remainder of their lease to the highest bidder, thereby converting their lease into a windfall profit above and beyond their investment in the property. This windfall profit is an unintended transfer of wealth from the State to individual lessees. This situation also allows the transfers of leases to the highest bidder, who may or may not be the farmers best able to use the land for agricultural production.  

 

Further data is needed to assess the extent to which DOA leases maximize benefits to the State and help the State achieve its economic and food production goals. Further data is also needed to assess whether the transfer of state lands from one lessee to other results in the difference between the actual value of the lease and the subsidized price of the lease being monetized for private, rather than state, benefit. 

 

Bona Fide Farmers (SB2960 

Introduced by Senator Tim Richards, Vice Chair of AEN, this bill 1) clarifies that agricultural lots be used for farming by requiring that purchasers and lessees of farm lots submit proof of using the lots to produce food or conduct other agricultural activities; and (2) authorizes certain agricultural cooperative associations to apply for farm lots. Using agricultural land for nonfarming activities has increased over the past few decades. Homes on these lands are often marketed as "gentlemen estates" where wealthy folks purchase large parcels of land to live on and pursue “farming” as a hobby. You know...plant a coconut tree, a few papaya trees, and some tomatoes...and whoopee, “I’m a farmer”. This has been on my radar for a while now, so I’m glad to see it’s on its way to the gov’s desk. 

 

Cesspool Prioritization Tool (HB2743 

Yeah, this is a crappy bill. 😉 There’s over 80k cesspools leaching into and polluting our waters. We passed a law saying to close them down by 2050. This bill is a step in the right direction to reach that goal. It requires the UH Water Resources Research Center and UH Sea Grant College to talk story with relevant stakeholders and develop a cesspool prioritization tool identifying specific priority areas in which the county sewer system or other centralized treatment systems can reasonably be expanded or constructed to reduce or eliminate cesspools before January 1, 2050. 

 

Seabed Mining (SB2575) 

This bill prohibits the mining, extraction, and removal of minerals from the seabed in all state marine waters, with certain exemptions. It’s about time, Hawai’i! The legislatures of Oregon (1991), Washington (2021), and California (2022) have passed similar legislation to prohibit seabed mining in their state waters 

Those states are coastal. Being surrounded by the ocean makes it even more critical for Hawai‘i to protect our waters. 

AEN BILLS THAT DIDN’T PASS

Now, for the bad news... Sadly, several of my priority bills didn’t make it to the finish line this year.

 

School Meals (HB2083)

In 2021, we passed Act 175 which requires that by 2030, 30% of food served in public schools be locally sourced. We’re currently at about 6%. Ouch! We’ve got less than six years to reach the 30% goal. So, how do we reach that 30% goal? This bill would require the Hawai‘i Department of Education (DOE) to establish a recognition program to incentivize schools to submit to the DOE a plan for the school to reach the local farm to school meal goal of 30% of food served in the school to consist of locally sourced products by 2030; and 

requires DOE to establish guidelines for the recognition program, including what incentives to offer and awards to grant to schools who commit to and reach the local farm to school meal goals. It also allows DOE to accept donations and contributions made by private individuals or organizations for the recognition program.

 

It was very disappointing that this bill didn’t pass, for me and for many others, especially the Mililani High School students who came up with the idea and actively worked on getting the bill passed. It’s also a bummer for our farmers. As I’ve mentioned many times, we import 85-90% of our food at a cost of about $3B every year. This bill would have supported local farming by allowing our farmers to work more closely with schools to supply them with fruits and veggies on a regular basis. I worked with House Representative Trish La Chica, and other stakeholders (such as students at Mililani High School, Debbie Millikan, Director of Sustainability at Punahou, the Youth Climate Forum, and Dennis Chase, Program Manager Hawai‘i Farm to School Hui Hawai‘i Public Health Institute) to get HB2083 to the finish line. It made it to conference, but unfortunately, didn’t have release from the money chairs, WAM/FIN. This one will be at the top of my list for introducing and getting passed into law in the 2025 session.

 

Climate Health and Environmental Action Special Fund (HB2406)

This bill (aka, the Green Fee, or Visitor’s Fee) would have established the climate health and environmental action special fund to prevent climate crises and more effectively respond to climate crises when they occur by imposing an additional $25 tax on transient accommodations. Having tourists help pay for paradise just makes sense. We need to get rid of our paranoia about tourists abandoning Hawai’i if we charge them a fee. I’ve talked with many, who simply say, “Yes, that makes sense.”

 

This passed through the House committees and crossed over to the Senate. Unfortunately, it had a tricky referral with three committees: the Senate Committee on Energy, Economic Development, and Tourism/Water & Land/Agriculture & Environment (EET/WTL/AEN) all having to agree to hear it and decide on a date. This proved challenging, so the bill wasn’t heard. We’ve introduced numerous Green Fee bills over the past five sessions, and none have yet to pass for various reasons, so it’s back to the drawing board next year.

 

PFAS Ban (HB1896)

PFAS are a group of manufactured chemicals that have been used in industry and consumer products since the 1940s known as "forever chemicals" because they build up in human bodies and don’t break down naturally in the environment. This measure expands the State's ban on PFAS that we passed in 2022 (HB1644 (Act 152) to protect the environment and human health from their detrimental and toxic effects. This bill would have prohibited the manufacture, sale, offer for sale, distribution for sale, and distribution for use of any food packaging, food service ware, cosmetic, or personal care product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), with certain exceptions. It passed the House and Senate but was then recommitted (killed) by the House due to a disagreement on the senate amendments.

 

Ag Emergency Loan Funds (SB2431)

This bill would establish the Hawaiʻi Agricultural Emergency Loan Revolving Fund to support local agricultural producers. A permanent and dedicated Agricultural Emergency Loan Program is needed because loans to agricultural enterprises needing emergency funding due to natural and economic disasters are currently funded from the agricultural loan revolving fund and the dual-purpose places untenable and unsustainable strain on resources for farmers in times of need. This passed out of AEN and was sent to WAM, but wasn’t scheduled, so it died.

 

Sustainable Food Systems (SB2414 SD1)

This bill would establish the sustainable food systems working group within the Department of Agriculture. It would require the working group to submit a plan, recommendations for implementing the plan, and any proposed legislation to the legislature. It appropriates funds for an unspecified number of sustainability specialist positions to be employed by the DOA. This passed out of AEN and was sent to WAM, but wasn’t scheduled, so it died.

 

Crime on Ag Land (SB2363) 

This bill requires the Department of Agriculture to establish a two-year agricultural crime pilot project to examine the effectiveness of prosecuting agricultural crimes, including agricultural theft and agricultural vandalism, in the City and County of Honolulu and County of Kauai. This passed out of AEN and was sent to the Senate Committee on Judiciary and Ways & Means (JDC/WAM), but wasn’t scheduled, so it died.

 

DABuX SB2421

This bill would appropriate funds to the Department of Agriculture for the continued administration of the Hawai’i Healthy Food Incentive Program and to provide matching funds to beneficiaries who participate in the Supplemental Nutrition Assistance Program (SNAP). This passed out of Agriculture & Environment and the Senate Committee on Health and Human Services (AEN/HHS) and was sent to WAM, but wasn’t scheduled, so it died. While the bill didn’t pass, funding was appropriated in the budget. So that ended up being a win. 😊

 

Green Amendment (SB2933)

This is the fourth year I’ve introduced the Green Amendment bill. It proposes a constitutional amendment to ensure the inherent and inalienable right of the people, including future generations, to clean water and air, a healthful environment and climate, healthy native ecosystems, and beaches. This bill would have put a question on the ballot asking people if they want to vote to increase the rights of all people regardless of race, ethnicity, religion, or income, including future generations, to pure water, clean air, stable climate, and healthy environments. This would elevate these rights much the same as the Bill of Rights in our US Constitution does for the right to free speech, religion, and the right to bear arms. This passed out of AEN and was sent to JDC/WAM, but wasn’t scheduled, so it died.

 

Farm to Food Bank (SB2479)

This bill would establish the Hawai‘i Farm to Food Bank Program and Hawai‘i Food Assistance Program Special Fund to alleviate food shortages in the State. This passed out of AEN and was sent to WAM, but wasn’t scheduled, so it died.

 

Healthy Soils (SB2423)

This bill would promote organic and regenerative farming practices, helping farmers to play a critical role in climate change mitigation. I introduced this is 2022 and 2023 at the request of Hawai‘i Farmers Union United, Department of Agriculture, and Hawai‘i Farm Bureau. In 2022, it was one of nine bills I introduced that passed out of the House and Senate. Eight of the nine were signed into law. Unfortunately, SB2423 was vetoed by the gov at the 11th hour due to confusion about the intent of the bill. (See details as to why the bill was vetoed: Ige Intends To Veto Healthy Soils Program. Advocates Say That's Misguided - Honolulu Civil Beat)

Overall, as with every session, there were some wins and some losses. While the ultimate goal is to pass good bills, the important thing is – even if they don’t pass – to at least get the conversation started...

2024 BUDGET OVERVIEW

HB1800 HD1 SD1 CD1

Here’s the budget overview for Fiscal 2025. This measure includes operating, capital improvement projects (CIP), and grants-in-aid monies for fiscal year 2024-2025 (FY25).  The bill includes: An operating budget of $10,395,945,997 in general funds and $19,209,528,184 through all methods of funding (MOF) for FY25; a CIP budget of $1,452,550,000 in general obligation bond funds and $4,505,451,000 through all MOF for FY25; and $10,000,000 (operating) and $20,000,000 (CIP) in grants-in-aid. The goal was threefold: 1) balance the ongoing needs of Maui; 2) preparing our State for future disasters; and 3) diversify our economy and workforce to keep our keiki in Hawaiʻi.  

Department of Agriculture Budget Highlights 

  • Converting 46.0 positions from special funds to general funds for biosecurity 
  • Converting 20.0 positions from revolving funds to general funds for biosecurity 
  • Converting position from permanent to temporary and increase trust fund ceiling by $93,434 for a grant writer 
  • Adding $1,500,000 for Da Bux Program 
  • Adding 3.0 positions and $1,000,000 for meat inspections 

 

Senate District 21 Budget Highlights 

Department of Defense

  • $1,430,900 for utilities at Kalaeloa  

 

UH West O'ahu

  • $1,620,000 to restore funds from COVID  
  • $4,026,116 for the Hawaiʻi Promise program  
  • 2.0 positions and $180,910 for early childhood education support  

 

Department of Transportation

  • $450,000 for routine maintenance services on Kalaeloa Point Harbor  
  • $268,000 for other current expenses on Kalaeloa Point Harbor 

CAPITAL IMPROVEMENT PROJECTS

Department of Business, Economic Development and Tourism

  • Saratoga Avenue electrical upgrades ‐ plan, design and construction for electrical upgrades on Saratoga Avenue ‐ $12,125,000

Department of Education

  • Kapolei High School ‐ plans and design for a new classroom building ‐ $3,000,000

 

University of Hawaiʻi

  • UH West O'ahu ‐ plans, design, and construction for a PV carport structure ‐ $5,000,000

 

GRANT‐IN‐AID PROJECT

  • Ulu Ae Learning Center ‐ plan, design and construction of campus expansion ‐ $50,000

COMMUNITY UPDATES

Here are the upcoming events within the Villages of Kapolei Association in May and June: 

American Red Cross Lifeguarding Course – Starts May 31st 

Swim Lessons – Starts beginning of June 2024 

Movie-at-the-Pool – June 5, 2024, at 7:00 p.m. 

Pickleball Clinic – June 3rd, 5th, and 7th  

Minutes Matter! Join the Summer Reading Challenge! (Message from our State Librarian) 

Starting June 1, readers of ALL AGES can earn badges and be entered to win free prizes as they log the time they spend reading. This summer’s theme is E Heluhelu Kākou; Moʻolelo, and we’ll be celebrating the rich and varied stories that shape our communities. Here’s how it works: 

E heluhelu kākou! Let’s read! Join us! 

Mahalo for your continuing support for Hawaii’s public libraries. 

Stacey A. Aldrich, State Librarian | Office of the State Librarian, Hawaii State Public Library System 44 Merchant Street, Honolulu, HI 96813 | (808) 586-3704 | stacey.aldrich@librarieshawaii.org | librarieshawaii.org

Celebrate National Rescue Dog Day with Hawaiian Humane! 

In celebration of National Rescue Dog Day May 20, the Hawaiian Humane Society is offering 50% off adoption fees for all dogs and puppies at Mōʻiliʻili and Kosasa Family Campus at Hoʻopili now through Sunday, May 26. Check out all of their pets available for adoption at HawaiianHumane.org. If you’ve been considering pet adoption, don’t miss this opportunity. 

Volunteers Needed to Foster Kittens!  Kittens are being brought to both of the Hawaiian Humane Society’s locations daily. More than 200 kittens are awaiting foster placement so that they can grow big enough for spay/neuter surgery at about 8 weeks of age. The Hawaiian Humane Society is working to get them the care they need to be adopted into loving homes and urgently need the help of the community. Volunteers can foster kittens from the location in Mōʻiliʻili or the new Kosasa Family Campus in ʻEwa Beach. Hawaiian Humane provides all of the training, supplies and veterinary care for fosters – they just need volunteers to open their homes and give the gift of their time and compassion. Anyone interested in helping to save these little lives can visit HawaiianHumane.org/foster-care to sign up to foster kittens today.

CRIME PREVENTION TOWN HALL On May 28, I, along with Councilmember Andria Tupola and Representative Diamond Garcia are co-hosting a Crime Prevention Townhall at HONOULIULI MIDDLE SCHOOL | 6-8 PM | TUE. MAY 28, 2024. Please join us if you can make it! 

Employer Hosts Are Needed for West O'ahu Internship Opportunities The Chamber of Commerce Hawai'i is offering you and any companies in your network, a chance to serve as summertime hosts for Nānākuli and Wai'anae High School Complex Area high school grads.


Here are some specifics about the internship: 

  • Cost:NONE TO YOU! The Chamber and Nānākuli and Wai’anae Complex team will be paying the student intern with a stipend at the end of the internship experience. 
  • Dates:June 10 - July 19, 2024 
  • Hours: 10 hours per week (60 hours total) 
  • Schedule decided between you and student
  • Onboarding:Employers to be onboarded and trained by the Chamber of Commerce Hawai'i prior to the internship beginning 



If you’d like to volunteer to be an employer host for an intern(s) this Summer or have any questions, please email Lord Ryan Lizardo at lrlizardo@cochawaii.org

Hawai‘i State Legislature’s WEBSITE GUIDE

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Looking to get more involved in the process?

I encourage you to visit the capitol WEBSITE GUIDE.

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