SB 443 Hawaii Senate · 2025 Regular Session

RELATING TO AGRICULTURAL LANDS.

Summary

Requires that lands within the agricultural district with class B or C soils that have solar or wind energy facilities must also obtain certification from the Department of Agriculture that the lands are also used for a farming operation. Effective 7/1/3000. (HD2)

Issues: ✗ Energy

Bill status passed both 4 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Apr 2025

Senate Passage

Feb 2025

House Passage

Apr 2025

Governor

Introduced Jan 16, 2025 Last action Apr 15, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

SB443_HD2 → SB443_SD1 · 5 edits

MODERATE

The bill was significantly rewritten to reorganize and clarify the permitted uses of agricultural land in Hawaii. The new version expands the list of allowed activities, adds specific protections for plantation community subdivisions, and introduces new requirements for solar energy facilities, including a mandate that they coexist with farming operations and provide affordable lease access to agricultural workers.

Scope change

The bill's scope was substantially restructured. It now explicitly includes plantation community subdivisions and agricultural tourism on multi-island counties, while adding stricter conditions for solar energy development to ensure it does not displace primary farming activities.

ELIGIBILITY

Solar energy facilities on high-productivity land (Class A) are now explicitly prohibited, and facilities on Class B or C land must coexist with farming operations and offer affordable lease rates to agricultural workers.

SCOPE

New provisions were added to protect plantation community subdivisions, allowing for the rehabilitation of existing structures and new employee housing on land formerly owned by sugar or pineapple plantations.

Agricultural tourism is now permitted on counties that include at least three islands and have adopted specific ordinances regulating such activities.

DEFINITION

New definitions were created for 'agricultural-energy enterprise' and 'agricultural-energy facility' to clarify that energy production must be secondary to primary agricultural activity.

REQUIREMENT

Solar energy facilities on Class B or C land now require proof of financial security for decommissioning and must restore disturbed earth to its original condition after operation ends.

SB443_HD1 → SB443_HD2 · 12 edits

MAJOR

This bill amends Hawaii's agricultural land laws to clarify which activities qualify as permitted uses within agricultural districts. The changes add new permitted uses like agricultural tourism, recreational facilities, and wireless communication antennas, while updating requirements for solar and wind energy facilities to ensure they coexist with active farming operations. The bill also expands the definition of agricultural districts to include areas unsuitable for farming due to topography or soil conditions.

Scope change

The bill expands the scope of permitted uses in agricultural districts and modifies eligibility criteria for solar and wind energy facilities, requiring Department of Agriculture certification that lands are actively used for farming operations.

SCOPE

Added agricultural tourism activities, including overnight accommodations up to 21 days, as permitted uses in agricultural districts

Added wireless communication antennas and small wireless facilities as permitted uses in agricultural districts

Added agricultural parks, open area recreational facilities, and geothermal resources exploration as permitted uses

Added composting and co-composting operations as permitted uses with restrictions on green waste processing

REQUIREMENT

Modified solar energy facility requirements to require Department of Agriculture certification that lands are used for farming operations and mandate that 50% of facility area be available for compatible agricultural activities at discounted rates

Modified wind energy facility requirements to require Department of Agriculture certification that lands are used for farming operations

Modified hydroelectric facility requirements to include small hydropower facilities and add water code compliance requirements

Added decommissioning requirements for solar energy facilities, including equipment removal within 12 months and restoration of disturbed earth

ELIGIBILITY

Modified soil classification requirements for solar energy facilities, changing class B or C to class B, C, D, or E for certain applications

Modified plantation community subdivision requirements to clarify employee housing occupancy and rental obligations

Modified agricultural tourism provisions to apply only to counties that have adopted specific ordinances regulating agricultural tourism

DEFINITION

Added definitions for agricultural-energy enterprise, agricultural-energy facility, and appurtenances to clarify renewable energy uses on agricultural land

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 10, 2025

Amended

Senate disagrees with House amendments.

upper

Apr 10, 2025

Introduced

Received from House (Hse. Com. No. 648).

upper

Apr 8, 2025

Lower · Passed

Passed Third Reading as amended in HD 2 with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Cochran, Marten excused (2). Transmitted to Senate.

lower

Apr 2, 2025

Lower · Passed

The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Matayoshi, Chun, Ilagan, Ichiyama, Iwamoto, Kong, Lowen, Marten, Tam; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Pierick.

lower

Mar 21, 2025

Committee

Reported from AGR/EEP (Stand. Com. Rep. No. 1411) as amended in HD 1, recommending passage on Second Reading and referral to CPC.

lower

Mar 19, 2025

Lower · Passed

The committee on EEP recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 4 Ayes: Representative(s) Lowen, Perruso, Kahaloa, Kusch; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Quinlan, Ward.

lower

Mar 19, 2025

Lower · Passed

The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 4 Ayes: Representative(s) Kahaloa, Kusch, Lowen, Perruso; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Quinlan, Ward.

lower

Mar 4, 2025

Committee

Referred to AGR/EEP, CPC, referral sheet 18

lower

Feb 28, 2025

Introduced

Received from Senate (Sen. Com. No. 42) in amended form (SD 1).

lower

Feb 28, 2025

Upper · Passed

Report Adopted; Passed Third Reading. Ayes, 23; Aye(s) with reservations: none. Noes, 0 (none). Excused, 2 (Senator(s) Fukunaga, Kidani). Transmitted to House.

upper

Feb 19, 2025

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, Aquino, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 14, 2025

Upper · Passed

The committee(s) on WAM will hold a public decision making on 02-19-25 10:02AM; Conference Room 211 & Videoconference.

upper

Feb 14, 2025

Committee

Reported from WTL/EIG (Stand. Com. Rep. No. 603) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.

upper

Feb 7, 2025

Upper · Passed

The committee(s) on EIG recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in EIG were as follows: 3 Aye(s): Senator(s) Wakai, Chang, Richards; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) DeCoite, Fevella.

upper

Feb 7, 2025

Upper · Passed

The committee(s) on WTL recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WTL were as follows: 5 Aye(s): Senator(s) Inouye, Elefante, Chang, McKelvey, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 4, 2025

Upper · Passed

The committee(s) on WTL/EIG has scheduled a public hearing on 02-07-25 1:11PM; Conference Room 229 & Videoconference.

upper

Jan 21, 2025

Committee

Referred to WTL/EIG, WAM.

upper

Jan 16, 2025

Introduced

Introduced.

upper

6 primary · 1 co-sponsor