1996 Bills and Resolutions

TO: Hawaii's Aquaculture Community
FROM: Yara L. Lamadrid-Rose, Information Specialist
SUBJECT: Summary of Aquaculture-Related Bills and Resolutions Passed in the 1996 Legislature

For your information, a summary of aquaculture and related bills and resolutions that passed this legislative session follows. Please be sure to note changes in the final versions from previous versions of these bills/resolutions. The summaries are divided into the following categories for easier reading:

• MEASURE (bill/resolution number, including amendments),
• TITLE,
• INTRODCR (who introduced the bill),
• KEYWORDS (subject matter),
• DESCRIPT (brief description) and
• STATUS (where it is in the process).

Unfortunately, funding for assistance to develop the ornamental products industry in Hawaii, while in the House version of the budget, was not in the Senate and final State budgets passed by the Legislature. While there was strong support of the ornamental industry among many legislators, the serious financial situation affected the outcome in the budget Thank you for your hard work in trying to get funding for the ornamental industry.

Industry participation and support is essential to enacting positive legislation. The industry needs to begin planning strategy for the next Legislative Session during this summer. Please contact us with your concerns and problem areas for legislative action. Also, contact the appropriate Hawaii Aquaculture Association representative to discuss critical issues. We look forward to assisting you in participating in the political process. If you have any questions or comments on these or any other items, please call me at 587-0030, FAX 587-0033. The Neighbor Island toll-free number is 1(800)468-4644, ext. 7-0030. I can also be reached via email at aquacult@aloha.com.

Aquaculture and related bills and resolutions that passed the 1996 Legislative Session:

MEASURE HB3208 HD2 SD1 (SSCR 2387)
TITLE: RELATING TO SMALL BUSINESSES
INTRODCR: Herkes R (586-6530)
KEYWORDS: DBEDT + SMALL BUSINESS
DESCRIPT: Establishes blue ribbon task force on small business in DBEDT to review all existing State administrative rules, all State proposed rules and amendments to existing rules and all State and County laws that act as barriers to small business. The task force shall include members from a list submitted by the Hawaii Congress on Small Business.
STATUS: Received by the Governor -- PENDING FURTHER ACTION
Aquaculture impacts: Could result in more ³user friendly² government regulation.

MEASURE HB3331
TITLE: RELATING TO AGRICULTURE
INTRODCR: Souki J (BR) (586-6100)
SEE ALSO HB1845, SB1660, SB2678
KEYWORDS: AGRICULTURE + FARMERS AND FARMING
DESCRIPT: Changes definition for qualified farmer to a person who intends to devote most of their time or who derives a major portion of their income from direct participation in farming. STATUS: Approved by Governor (ACT 23 1996)
Aquaculture impacts: Could allow for greater opportunity and flexibility for farmers.

MEASURE HB3333 SD1 (SSCR 2634)
TITLE: RELATING TO FEED
INTRODCR: Souki J (BR) (586-6100)
KEYWORDS: AGRICULTURE + ANIMALS + DOA
DESCRIPT: DOA to adopt rules and procedures to determine if feed is adulterated. Requires DOA to publish the proposed rule and make copies available for a fee.
STATUS: Received by the Governor -- PENDING FURTHER ACTION
Aquaculture impacts: Could result in increased restrictions in obtaining feeds.

MEASURE HB4008 HD1 SD1 CD1 (CCR 129)
TITLE: RELATING TO AGRICULTURAL LOANS
INTRODCR: Herkes R (586-6530)
KEYWORDS: AGRICULTURE + FARMERS AND FARMING + AQUACULTURE
DESCRIPT: Amends the eligibility criteria for agricultural loans made to cooperatives and corporations by requiring a majority (50%) of a borrowerıs board of directors and members to be qualified farmers. Increases term of loan from 3 years to 7 years. Allows DOA to accept a junior mortgage as security. Changes the agriculture loan revolving fund to the agricultural loan revolving fund. Allows DOA to transfer funds from the agricultural loan revolving fund to the aquaculture loan revolving fund.
STATUS: Received by the Governor -- PENDING FURTHER ACTION
Aquaculture impacts: Could make it easier for cooperatives to obtain agricultural loans and make more money available for aquaculture loans.

MEASURE HR0216 1996 HD1 (HSCR 1336-96)
TITLE: RECOGNIZING THE SIGNIFICANT CONTRIBUTIONS OF HAWAII'S AGRICULTURE INDUSTRY TO THE STATE AND URGING THE AGRICULTURAL COMMUNITY TO UPDATE AND IMPLEMENT THE HAWAII AGRICULTURE 2000 VISION PLAN.
INTRODCR: Morihara D (586-6330)
KEYWORDS: DIVERSIFIED AGRICULTURE + BUSINESS ENTERPRISES + DOA
DESCRIPT: Encourages greater public awareness and support for local agricultural crops and other products; and the agriculture industry to work cohesively to: broaden support for local agricultural interests; be proactive in recommending ways to strengthen agriculture; and with various agencies and agricultural groups, to update and implement the Hawaii Agricultural 2000 Vision Plan for the future of agriculture.
STATUS: Adopted by House only
Aquaculture impacts: Could result in increased opportunities for aquafarmers.

MEASURE SB2682 SD1 HD2 (HSCR 1495-96)
TITLE: RELATING TO PLANT AND NON-DOMESTIC ANIMAL QUARANTINE
INTRODCR: Mizuguchi N (BR) (586-6870)
KEYWORDS: AGRICULTURE + QUARANTINE + DOA
DESCRIPT: Allows DOA to assess fees for the issuance of import permits and for inspections. Expands the definition of algae, bacteria, and fungus to include those used as food or for food preparation. Allows articles quarantined in DOA biocontrol containment facilities or other agencies to be released upon issuance of a permit. Allows DOA to issue special permits for the importation and possession of animals that are not on any lists for research to be of benefit to the State or temporarily for filming, performance, or exhibition.
STATUS: Received by the Governor -- PENDING FURTHER ACTION
Aquaculture impacts: Streamlines certain aspects of the permit process.

MEASURE SB2819 SD2 HD1 CD1 (CCR 148)
TITLE: RELATING TO STATE FINANCES
INTRODCR: Mizuguchi N (BR) (586-6870)
KEYWORDS: PUBLIC CONTRACTS + GOVERNMENT FISCAL POLICIES + BUDGETS
DESCRIPT: Transfers funds from various revolving funds, including the agriculture loan revolving fund, the aquaculture loan revolving fund, to the general fund.
STATUS: Received by the Governor -- PENDING FURTHER ACTION
Aquaculture impacts: Could result in less loan availability for aquafarmers.

MEASURE SB2998 SD1 HD2 CD1 (CCR 58)
TITLE: RELATING TO ENVIRONMENTAL PROTECTION
INTRODCR: Fukunaga C (586-6890)
KEYWORDS: ENVIRONMENTAL PROTECTION + PUBLIC SAFETY + DOH
DESCRIPT: Requires DOH to conduct a study to review state and federal environmental laws to ensure their continued force, effectiveness, and consistency. Requires DOH, with input from the regulated community and general public, to develop environmental goals and objectives for the State and to review these goals and objectives every 2 years.
STATUS: Received by the Governor -- PENDING FURTHER ACTION
Aquaculture impacts: Could result in a more understandable permit process in DOH.

Other bills of interest that passed the Legislature:

HB1148 CD1 RELATING TO THE GOVERNOR'S AGRICULTURE COORDINATING COMMITTEE (GACC), Transfers all GACCıs powers and functions to DOA.

HB3293 CD1 RELATING TO PUBLIC LANDS, DLNR to conduct public hearings in each county to determine the concerns and problems faced by agricultural lessees.

HB3399 CD1 RELATING TO BUSINESS REGISTRATION, Increases various fees for filing documents and issuing certificates under business registration provisions.

HB3522 SD1 RELATING TO PUBLIC LANDS, The sale price or lease of lands shall be no less than the value determined a qualified appraiser. Provides for binding arbitration if needed.

HB3525 RELATING TO THE HAWAII FISHERIES COORDINATING COUNCIL, Eliminates the Hawaii fisheries coordinating council.

HB4010 SD1 RELATING TO PUBLIC LANDS, Authorizes DOA to lease agricultural lands. Requires DOA to notify in writing the permittees of lands eligible for lease negotiations.

HR0056 REQUESTING DOA TO EXPEDITE THE PLANT IMPORT RULEMAKING PROCESS AND FINALIZE THE MEMORANDUM OF AGREEMENT WITH THE USDA ANIMAL AND PLANT HEALTH INSPECTION SERVICE (APHIS) WITH RESPECT TO POST ENTRY INSPECTIONS OF SPECIFIC PLANT SPECIES

HR0069 HD1 REQUESTING A STUDY ON THE ESTABLISHMENT OF POST-HARVEST WAREHOUSING AND TREATMENT FACILITIES TO FACILITATE THE EXPORT AND MARKETING OF HAWAII-GROWN CROPS, to be done by DOA and DOT.

SB1738 HD2 RELATING TO COMMUNITY-BASED ECONOMIC DEVELOPMENT, Requires the State to initiate a program of technical and financial assistance for community-based groups. Community-based enterprise establishment and improvement loans may be used to provide for working capital, and are no longer limited as to amount and term.

SB2278 CD1 MAKING AN APPROPRIATION FOR AGRICULTURAL RESEARCH AND DEVELOPMENT, Funds for DOA for agricultural research and development to be performed by the Hawaii Agriculture Research Center. Requires private matching funds.

SB3232 CD1 RELATING TO STATE GOVERNMENT, Transfers the office of planning to DBEDT. Adds planning and coordination for a statewide planning and geographic information system; development and coordination of the implementation of the ocean resources management plan; formulation of ocean policies regarding economic zone, coral reefs, and natural marine sanctuaries; and regional, national, and international planning.

SB2941 CD1 RELATING TO A COMMERCIAL FISHERIES SPECIAL FUND, Establishes this fund in DLNR with fees collected from licenses, permits, etc. to be used for activities, programs and projects related to importation, management, preservation, propagation, and protection of aquatic life used for commercial purposes.

SB3240 CD1 RELATING TO STATE ENTERPRISE ZONES, Adds education and training services, information technology design and production services, medical and health care services, and telecommunication services to qualified enterprises.

SCR043 HD1 REQUESTING DBEDT TO USE ITS EXPERTISE TO PLAN A SUSTAINABLE ECONOMIC BASE FOR HAWAII COUNTY.

SR0135 REQUESTING DOA TO INITIATE DEVELOPMENT OF A COMPREHENSIVE AGRICULTURAL WATER DELIVERY MANAGEMENT SYSTEM FOR DIVERSIFIED AGRICULTURE AREAS, working with DLNR, Agribusiness Development Corporation, county water boards, former plantation landowners, and the USDAıs Agriculture Rural and Economic and Community Development Agency.

Aquaculture and related bills that did not pass the Legislature:

HB3203 AN APPROPRIATION FOR THE CENTER FOR A SUSTAINABLE FUTURE, at Coconut Island (Moku o lo'e) to bring together world class scientists, engineers, economists, corporate and industry representatives, and policy makers to conduct applied research relating to sustainable development.

HB3233 RELATING TO LABELING, Requires aquatic foods from outside Hawaii and sold in the State to be clearly labeled as imported, including on restaurant menus.

HCR 218 REQUESTING THE ESTABLISHMENT OF A TASK FORCE ON IMPORTATION OF MICROORGANISMS FOR RESEARCH AND COMMERCIAL USE., the Task Force, comprised of government agencies and private companies engaged in the commercial production of microorganisms, will review existing statutes and lists, and recommend modifying the statutes, expedite import permits and update DOAıs lists.

HB2961 HD1 RELATING TO NATURAL ENERGY, Increases membership of the Board of Directors of NELHA from 9 to 11, with at least 2 members Hawaii County residents. Requires the Board to examine privatization of NELHA .

HB3257 HD1 MAKING AN APPROPRIATION FOR ORNAMENTAL FISH, DLNR funding for technology transfer and technical assistance to ornamental fish producers.

HB3746 HD1 RELATING TO CORAL, Prohibits the taking or damaging of stony coral. Violation to result in forfeiture of equipment, materials and a fine of $10,000.

SB3031 MAKING AN APPROPRIATION FOR THE ISSUANCE OF A REQUEST FOR PROPOSAL FOR PRIVATE SECTOR PARTICIPATION IN THE DEVELOPMENT OF A MAHIMAHI MARICULTURE INDUSTRY IN HAWAII, Funding to DBEDT prepare and issue a request for proposal to design a demonstration open ocean mahimahi fish farm in Hawaiian waters and to hold a prospective bidders conference.