The 2025 legislative session did not pass many measures that addressed environmental issues. But of the several that did pass, and which Governor Green signed into law, probably the most significant is Act 96 (Senate Bill 1396). This, proponents say, will bring an additional $100 million into the state by raising the Transient Accommodations Tax from the current 9.25 percent to 10 percent, beginning January 1, 2026.
Act 96 amends Chapter 37 of Hawaiʻi Revised Statutes, which deals with state finances, to add a new section specifying how this additional revenue is to be distributed. It is not to go directly into a special fund but rather is to go into the general fund. The governor is directed to include in any budget request “an amount of general funds that approximates the additional revenue,” with those funds to “be expended equally to advance” three specific “projects:”
- To “protect, manage, and restore the state’s natural resources, including native forests, native plants and animals, aquatic resources, coastal lands, and freshwater resources;”
- To “increase the resilience of structures and infrastructure to natural and climate-related disasters, such as hurricanes and sea level rise, and perform hazard mitigation activities, such as wildfire and flood mitigation;” and
- To “improve the visitor experience, mitigate the impacts of tourism on the natural environment, ensure that the state’s natural resources are maintained for future residents and visitors, and support destination management, such as park improvements and beach improvement, nourishment, and maintenance projects.”
The statute establishing the Special Land and Development Fund, administered by the Department of Land and Natural Resources, is amended by Act 96 to enable it to receive funds collected by the TAT and to allow special fund revenues to pay debt service on revenue bonds and/or “reimburse the general fund for debt service” on bonds that underwrite beach nourishment, “planning, construction, and repair of facilities,” and “operation and maintenance costs of public lands, including beaches, connected with enhancing the visitor experience.”
In language that was strenuously objected to by the cruise industry, cruise ships are to pay a tax of 11 percent “on all gross rental proceeds derived from cruise fares prorated by the percentage of days docked at any port in the state in comparison to the total number of days of the voyage.”
Act 236 (HB 427) changes the name of the Department of Agriculture (DOA) to the Department of Agriculture and Biosecurity (DAB). It also authorizes new approaches to deal with the problem of invasive species, with the timeline for these changes spread out over the next five years.
In keeping with the new name, the act authorizes the appointment of a deputy chairperson for biosecurity who is to oversee all of the department’s biosecurity initiatives. But the deadline for the deputy to be in place does not occur until January 1, 2027.
Another new power of the DAB is the authority and ability to declare a biosecurity emergency, with the approval of the governor. Again, the deadline for setting in place the conditions under which this can occur is delayed until January 1, 2028. The emergency declaration is to last just 100 days, unless extended with the governor’s approval.
During the biosecurity emergency, the governor “may requisition and take control of any goods, real property, or watercraft required … or requisition and take control of the temporary use thereof,” Act 236 states. It also describes the means by which persons whose property has been requisitioned can obtain compensation, including by negotiating or litigating.
(Under existing law, the department does have the ability to approve interim rules, effective for up to a year, in the event of an emergency. In the case of the coconut rhinoceros beetle, for example, the DOA issued an interim rule in October 2024, restricting movement of materials likely to harbor CRB larvae or adults. The rule, which came only after both Kauaʻi and Oʻahu had established CRB infestations, has not been effective in preventing increasing evidence of infestations on Hawaʻi island. In the absence of effective DOA intervention, last month Hawaiʻi County issued its own “voluntary order” prohibiting transport of mulch and other CRB-hosting materials outside of an area of West Hawaiʻi.)
Act 236 also allows the DAB to subpoena documents from importers and require material imported to the state to be inspected at transitional facilities. These facilities are to be owned and operated by third parties but licensed by the state. Third-party “biosecurity auditors” are to ensure that material released is free from pests. This authority commences January 1, 2028.
Another innovation of Act 236 is allowing “any person or organization or government agency to submit to the department a biosecurity and pest management plan.” The DAB board is to review it and vote on it at a public meeting. This authority took effect July 1, 2025.
Under the act, the Hawaiʻi Invasive Species Council and all its “rights, powers, functions, and duties” are to be transferred from the Department of Land and Natural Resources to the DAB. This, however, is not to occur until January 1, 2030.
Finally, the act specifies funding for several programs. HISC is to receive $4.25 million a year for fiscal years 2025-26 and 2026-27; the Hawaiʻi Ant Lab is to receive $500,000 a year for the same period; and the University of Hawaiʻi is to receive $500,000 a year for the same period to respond to the coconut rhinoceros beetle.
In addition to the appropriations in Act 246, the state budget (Act 250) includes $26.6 million over the next two years to support the biosecurity effort and authorizes 44 new positions.
Act 125 (HB 732) increases the maximum value of a development that qualifies for a Special Management Area minor permit under certain circumstances. At present, any development whose cost is stated as being $500,000 or less qualifies for a minor SMA permit, where environmental restrictions and disclosures are less than those for a major SMA permit.
Under Act 125, which amends Chapter 205A, projects having values of up to $750,000 can qualify for an SMA minor permit, “if the development is not situated on a shoreline parcel or parcel that is impacted by waves, storm surges, high tide, or shoreline erosion,” and if it is determined not to have “a substantial environmental impact.” In all other instances – those along the shoreline or subject to wave action or which, in any event, will have substantial environmental impact – the cutoff for qualifying for an SMA minor permit may not exceed $500,000.
The new law also increases that maximum $750,000 value every five years with an inflation adjustment pegged to the Consumer Price Index published by the U.S. Bureau of Labor Statistics.
Act 255 (HB 969) prevents landfills in areas with Class A agricultural soils in the City and County of Honolulu. The preamble states, “The Legislature finds that the search for a new landfill for the City and County of Honolulu cannot be prioritized over the protection of Oʻahu’s freshwater aquifers… To protect and preserve freshwater, a new landfill cannot be built inland of underground injection control lines.”
The Honolulu Department of Environmental Services (ENV) strongly opposed the measure, noting that the permit issued to the Waimanalo Gulch landfill requires its closure by March 2, 2028. Last December, the department had identified an area in central Oʻahu as the site of the next landfill, even though it is above an aquifer. “ENV named this site because, after extensive evaluation of all possible alternative sites, it was determined to be one of the ony legally available and feasible options. The only legally available and feasible options are above aquifers. Mayor Blangiardi has also stated that the city’s next landfill will not be on the Leeward Coast.” A site belonging to the Navy on Waipiʻo Peninsula had been identified as a potential site, the testimony stated. But, “following extensive discussions between 2023 and 2024, the Navy informed the City it was unable to offer federal land for a city landfill.”
The Department of Health also opposed the measure, stating that the increased restrictions “will likely prevent future landfill siting and lead to a public health threat. … If landfill sites are not available, costs for proper management of waste will significantly increase and we will likely see increased illegal dumping as a cost avoidance. The impact of illegal dumping will create a greater environmental impact than what this measure is trying to prevent.”
The Honolulu Board of Water Supply, on the other hand, strongly supported the bill. “The BWS is opposed to any proposed waste or disposal facility to be placed over Oʻahu’s sole source aquifer, where the island’s drinking water is not protected. Historically, the BWS had to treat the drinking water for pesticides and herbicides used in the pineapple plantations. Forty years later, the BWS is still treating for some of these contaminants.”
Among many other groups adding their support to the measure were the Sierra Club, Conservation Council for Hawaiʻi, the Hawaiʻi Farm Bureau, the International Brotherhood of Electrical Workers Local 1260, and the Hawaiʻi Farmers Union.
Act 48 (HB 1017) amends the law establishing the Energy Security Special Fund (HRS 201-12.8(b)) to allow it to fund, “to the extent possible,” the Climate Change Mitigation and Adaptation Commission. Act 48 deletes funding for the Greenhouse Gas Sequestration Task Force.
Act 104 (SB 332) appropriates $200,000 to the Department of Land and Natural Resources’ Division of Aquatic Resources to support the removal of Anemonia majano – the Majano anemone – from Kaneʻohe Bay. As stated in the preamble to the legislation, the anemone was introduced “as a hitchhiker on released non-native corals” and has now blanketed an area of around 950 square yards.
The bill goes on to say that this anemone “severely threatens Kaneʻohe Bay’s delicate coral reef ecosystem, particularly the endemic finger coral Porites compressa. … [I]t has previously outcompeted stony corals in the Philippines and Vietnam. … Left unchecked, the Majano anemone could significantly degrade reef health and fish habitat, harm marine biodiversity, and disrupt vital ecosystem services relied upon by the coastal communities in Hawaiʻi.”
Act 169 (SB 1651) requires the information provided to members of boards and commissions be made available to the public three days in advance of their meetings. As stated in the preamble to this measure, “The Legislature finds that the required notice period for posting board packets before public meetings is not being implemented as the Legislature intended. In 2024, the Legislature amended the requirement to post board packets to no later than two business days before a public meeting to give the public ample time to review the board packet.
“However, the Legislature finds that some agencies interpret the existing law to mean that a board packet can be posted at any time during the second business day before the public meeting. These agencies post board packets late in the evening, effectively reducing the time the public is able to review the board packet. …
“Accordingly the purpose of this act is to:
“(1) Close the legal loophole being exploited by requiring board packets to be posted at least three full business days before a public meeting; and
“(2) Require boards to provide notice to persons who have requested notification of meetings when board packets are made available for public inspection.”
The act took effect as soon as Governor Green signed it into law – June 3.
— Patricia Tummons
Leave a Reply