SB 3253

THE SENATE
S.B. NO.
3253
THIRTY-THIRD LEGISLATURE, 2026
S.D. 2
STATE OF HAWAII
H.D. 1
C.D. 1
A BILL FOR AN ACT
RELATING TO CONSERVATION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� The legislature finds that numerous species
in the State are on the brink of extinction, in particular many indigenous
birds found nowhere else in the world.�
While the State has made progress in addressing the myriad causes
contributing to extinction, the legislature finds that existing efforts must be
supplemented to prevent further loss of biodiversity.
���� The
legislature recognizes that Zealandia (Te Mara a Tane) is a pioneering
conservation sanctuary in Wellington, New Zealand, best known for proving how
dramatically nature can rebound with proper protection.� Built as a fully fenced, predator-excluded
sanctuary, Zealandia creates a safe haven where native birds, reptiles, and
plants thrive and recover in near-natural habitats, safe from invasive
predators and vectors.� This model has
not only enabled the reintroduction and rapid growth of iconic native species
that were once on the brink of extinction, but it has also transformed the
valley into a living example of ecosystem restoration in a modern city.
���� Just
as importantly, Zealandia's impact extends beyond its fence line:� thriving populations disperse outward into
surrounding neighborhoods and green spaces, helping native wildlife return to
the wider region.� Zealandia also
facilitates community engagement by welcoming volunteers, residents,
researchers, and visitors, and serving as a hub for school programs and
hands-on learning.� Its success in
engaging the community and visitors has helped Zealandia become largely self‑funded
through admissions, memberships, tours, and experiences that reinvest directly
into conservation.
���� The
legislature also recognizes that successful sanctuary models in the United
States generate substantial revenue for conservation efforts.� They serve as educational centers for local
schools and visitor destinations and provide critical habitats for endangered
and other species.� The State's climate
and environment provide more diverse habitats for wildlife than found elsewhere
in the continental United States.� With
appropriate considerations and protections to ensure no adverse impact on the
state environment, the State can improve the living conditions of rescued
animals from other states and generate significant revenue for state
conservation efforts.
���� The
legislature believes that the State is uniquely positioned to become a national
center for endangered species research, education, and protection.� Establishing sanctuaries in the State like
those that have proven successful elsewhere can advance the State's position as
the premier place for endangered species work and conservation and create
pathways for local education, jobs, investment, and research.
���� The
legislature also believes that successful nonprofit models for the
establishment and operation of specialized models of endangered species
sanctuaries are an efficient and preferable way to supplement broader
government-run efforts and programs.� The
nonprofit models provide more flexibility and adaptability for management,
operations, innovation, and community engagement.
���� The legislature further finds that the
establishment of a nonprofit entity to create and manage endangered species
sanctuaries and exempting appropriations of state funds to the entity from the
requirements of chapter 42F, Hawaii Revised Statutes, complies with the public
purpose requirements of article VII, section 4, of the Hawaii State
Constitution.
���� Accordingly,
the purpose of this Act is to enable additional support for the State's
conservation efforts through recognizing a nonprofit entity established pursuant
to senate resolution 94, senate draft 1, regular session of 2026, to create and
manage endangered species sanctuaries.
���� SECTION
2.� Chapter 195D, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
���� "�195D-   � Hawaii conservation sanctuary.� (a)�
There shall be recognized by the State the Hawaii conservation
sanctuary, which shall be a nonprofit organization established pursuant to
senate resolution 94, senate draft 1, regular session of 2026, to enhance and
support the work of conservation and endangered species and wildlife
preservation, and to oversee related and ancillary programs.� The official designation of the Hawaii
conservation sanctuary shall be the State of Hawaii Conservation Sanctuary.
���� (b)� The Hawaii conservation sanctuary shall
protect and expand populations of endangered species and other wildlife within
the State by developing and operating conservation sanctuaries in the State,
including:
���� (1)� One around a recreational body of
water;
���� (2)� One in an area appropriate for the
protection of native birds and other species; and
���� (3)� One
in an area appropriate for the protection of rescue animals and larger species
of wildlife.
���� (c)� The Hawaii conservation sanctuary may:
���� (1)� Operate for-profit business
enterprises;
���� (2)� Hold or lease property;
���� (3)� Enter into contracts to support its
mission; and
���� (4)� Provide
for on-site visitor access and accommodation as it deems appropriate to support
its mission.
���� (d)� The Hawaii conservation sanctuary may operate
within an agricultural district.� The
operations of the Hawaii conservation sanctuary authorized pursuant to
subsections (b) and (c) shall be deemed permissible uses pursuant to sections
205-2(d) and 205-4.5.
���� (e)� The qualifying standards and conditions
related to the receipt of funds contained in chapter 42F shall not apply to
state funds received by the Hawaii conservation sanctuary; provided that if the
Hawaii conservation sanctuary in turn contracts with a recipient or provider,
then the qualifying standards, conditions, and other provisions of chapter 42F
shall apply to the recipient or provider and the contract.
���� (f)� Two seats on the governing board of the
Hawaii conservation sanctuary shall be reserved for representatives of the
State.
���� (g)� The department shall assist the Hawaii
conservation sanctuary with identifying and accessing appropriate land to
support its mission."
���� SECTION
3.� Section 205-2,
Hawaii Revised Statutes, is amended by amending subsection (d) to read as
follows:
���� "(d)� Agricultural districts shall include:
���� (1)� Activities or uses as characterized by the
cultivation of crops, crops for bioenergy, orchards, forage, and forestry;
���� (2)� Farming activities or uses related to animal
husbandry and game and fish propagation;
���� (3)� Aquaculture, which means the production of
aquatic plant and animal life within ponds and other bodies of water;
���� (4)� Wind-generated energy production for public,
private, and commercial use;
���� (5)� Biofuel production, as described in section
205‑4.5(a)(16), for public, private, and commercial use;
���� (6)� Solar energy facilities; provided that:
��������� (A)� This paragraph shall apply only to land
with soil classified by the land study bureau's detailed land classification as
overall (master) productivity rating class B, C, D, or E; and
��������� (B)� Solar energy facilities placed within
land with soil classified as overall productivity rating class B or C shall not
occupy more than ten per cent of the acreage of the parcel, or twenty acres of
land, whichever is lesser, unless a special use permit is granted pursuant to
section 205-6;
���� (7)� Bona fide agricultural services and uses that
support the agricultural activities of the fee or leasehold owner of the
property and accessory to any of the above activities, regardless of whether
conducted on the same premises as the agricultural activities to which they are
accessory, including farm dwellings as defined in section 205-4.5(a)(4),
employee housing, farm buildings, mills, storage facilities, processing
facilities, photovoltaic, biogas, and other small‑scale renewable energy
systems producing energy solely for use in the agricultural activities of the
fee or leasehold owner of the property, agricultural‑energy facilities as
defined in section 205-4.5(a)(17), vehicle and equipment storage areas, and
plantation community subdivisions as defined in section 205‑4.5(a)(12);
���� (8)� Wind machines and wind farms;
���� (9)� Small-scale meteorological, air quality,
noise, and other scientific and environmental data collection and monitoring
facilities occupying less than one-half acre of land; provided that these
facilities shall not be used as or equipped for use as living quarters or
dwellings;
��� (10)� Agricultural parks;
��� (11)� Agricultural tourism conducted on a working
farm, or a farming operation as defined in section 165-2, for the enjoyment,
education, or involvement of visitors; provided that the agricultural tourism
activity is accessory and secondary to the principal agricultural use and does
not interfere with surrounding farm operations; provided further that this
paragraph shall apply only to a county that has adopted ordinances regulating
agricultural tourism under section 205-5;
��� (12)� Agricultural tourism activities,
including overnight accommodations of twenty-one days or less, for any one stay
within a county; provided that this paragraph shall apply only to a county that
includes at least three islands and has adopted ordinances regulating
agricultural tourism activities pursuant to section 205-5; provided further
that the agricultural tourism activities coexist with a bona fide agricultural
activity.� For the purposes of this
paragraph, "bona fide agricultural activity" means a farming
operation as defined in section 165-2;
�� (13)�� Open area recreational facilities;
�� (14)�� Geothermal resources exploration and
geothermal resources development, as defined under section 182-1;[]
�� (15)�� Agricultural-based
commercial operations registered in Hawaii, including:
��������� (A)� A roadside stand that is not an
enclosed structure, owned and operated by a producer for the display and sale
of agricultural products grown in Hawaii and value-added products that were
produced using agricultural products grown in Hawaii;
��������� (B)� Retail activities in an enclosed
structure owned and operated by a producer for the display and sale of
agricultural products grown in Hawaii, value-added products that were produced
using agricultural products grown in Hawaii, logo items related to the producer's
agricultural operations, and other food items;
��������� (C)� A retail food establishment owned and
operated by a producer and permitted under chapter 11-50, Hawaii administrative
rules, that prepares and serves food at retail using products grown in Hawaii
and value-added products that were produced using agricultural products grown
in Hawaii;
��������� (D)� A farmers' market, which is an outdoor
market limited to producers selling agricultural products grown in Hawaii and
value-added products that were produced using agricultural products grown in
Hawaii; and
��������� (E)� A food hub, which is a facility that
may contain a commercial kitchen and provides for the storage, processing,
distribution, and sale of agricultural products grown in Hawaii and value-added
products that were produced using agricultural products grown in Hawaii.
��������� The
owner of an agricultural-based commercial operation shall certify, upon request
of an officer or agent charged with enforcement of this chapter under section
205-12, that the agricultural products displayed or sold by the operation meet
the requirements of this paragraph;
�� (16)�� Hydroelectric facilities as described
in section 205‑4.5(a)(23); [[and]]
�� (17)�� Composting and co-composting
operations; provided that operations that process their own green waste and do
not require permits from the department of health shall use the finished
composting product only on the operation's own premises to minimize the potential
spread of invasive species[[.]]; and
�� (18)�� Operations of the Hawaii
conservation sanctuary authorized pursuant to section 195D-   .
Agricultural districts shall not
include golf courses and golf driving ranges, except as provided in section
205-4.5(d).� No landfill unit, as defined
in section 342H-52, shall be located on land within the agricultural district
that has soil classified by the land study bureau's detailed land
classification as overall (master) productivity rating class A in a county with
a population greater than five hundred thousand.� Agricultural districts include areas that are
not used for, or that are not suited to, agricultural and ancillary activities
by reason of topography, soils, and other related characteristics."
���� SECTION
4.� Section
205-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read
as follows:
���� "(a)� Within the agricultural district, all lands
with soil classified by the land study bureau's detailed land classification as
overall (master) productivity rating class A or B and for solar energy
facilities, class B or C, shall be restricted to the following permitted uses:
���� (1)� Cultivation
of crops, including crops for bioenergy, flowers, vegetables, foliage, fruits,
forage, and timber;
���� (2)� Game
and fish propagation;
���� (3)� Raising
of livestock, including poultry, bees, fish, or other animal or aquatic life
that are propagated for economic or personal use;
���� (4)� Farm
dwellings, employee housing, farm buildings, or activities or uses related to
farming and animal husbandry.� For the
purposes of this paragraph, "farm dwelling" means a single-family
dwelling located on and accessory to a farm, including clusters of single‑family
farm dwellings permitted within agricultural parks developed by the State, or
where agricultural activity provides
income to the family occupying the dwelling;
���� (5)� Public
institutions and buildings that are necessary for agricultural practices;
���� (6)� Public
and private open area types of recreational uses, including day camps, picnic
grounds, parks, and riding stables, but not including dragstrips, airports,
drive-in theaters, golf courses, golf driving ranges, country clubs, and
overnight camps; provided that overnight camps in operation before January 1,
1961, may be approved by special permit;
���� (7)� Public,
private, and quasi-public utility lines and roadways, transformer stations, communications equipment buildings, solid
waste transfer stations, major water storage tanks, and appurtenant small
buildings such as booster pumping stations, but not including offices or yards
for equipment, material, vehicle storage, repair or maintenance, treatment
plants, corporation yards, or other similar structures;
���� (8)� Retention,
restoration, rehabilitation, or improvement of buildings or sites of historic
or scenic interest;
���� (9)� Agricultural-based
commercial operations as described in section 205-2(d)(15);
��� (10)� Buildings
and uses, including mills, storage,
and processing facilities, maintenance facilities, photovoltaic,
biogas, and other small-scale renewable energy systems producing energy solely for use in the agricultural activities
of the fee or leasehold owner of the property, and vehicle and equipment
storage areas that are normally considered directly accessory to the
above-mentioned uses and are permitted under section 205-2(d);
��� (11)� Agricultural parks;
��� (12)� Plantation
community subdivisions, which as used in this chapter means an established
subdivision or cluster of employee housing, community buildings, and
agricultural support buildings on land currently or formerly owned, leased, or
operated by a sugar or pineapple plantation; provided that the existing
structures may be used or rehabilitated for use, and new employee housing and
agricultural support buildings may be allowed on land within the subdivision as
follows:
��������� (A)� The
employee housing is occupied by employees or former employees of the plantation
who have a property interest in the land;
��������� (B)� The
employee housing units not owned by their occupants shall be rented or leased
at affordable rates for agricultural workers; or
��������� (C)� The
agricultural support buildings shall be rented or leased to agricultural
business operators or agricultural support services;
��� (13)� Agricultural
tourism conducted on a working farm, or a farming
operation as defined in section 165-2, for the enjoyment, education, or
involvement of visitors; provided that the agricultural tourism activity is
accessory and secondary to the principal agricultural use and does not
interfere with surrounding farm operations; provided further that this
paragraph shall apply only to a county that has adopted ordinances regulating
agricultural tourism under section 205-5;
��� (14)� Agricultural tourism activities, including
overnight accommodations of twenty-one days or less, for any one stay
within a county; provided that this paragraph shall apply only to a
county that includes at least three islands and has adopted ordinances
regulating agricultural tourism activities pursuant to section 205-5; provided
further that the agricultural tourism activities coexist with a bona fide
agricultural activity.� For the purposes
of this paragraph, "bona fide agricultural activity" means a farming
operation as defined in section 165-2;
��� (15)� Wind
energy facilities, including the appurtenances associated with the production
and transmission of wind generated energy; provided that the wind energy
facilities and appurtenances are compatible with agriculture uses and cause
minimal adverse impact on agricultural land;
��� (16)� Biofuel processing facilities, including the
appurtenances associated with the production and refining of biofuels that is
normally considered directly accessory and secondary to the growing of the
energy feedstock; provided that biofuel processing facilities and
appurtenances do not adversely impact agricultural land and other agricultural
uses in the vicinity.
�������������� For
the purposes of this paragraph:
�������������� "Appurtenances"
means operational infrastructure of the appropriate type and scale for economic
commercial storage and distribution, and other similar handling of feedstock,
fuels, and other products of biofuel processing facilities.
�������������� "Biofuel
processing facility" means a facility that produces liquid or gaseous
fuels from organic sources such as biomass crops, agricultural residues, and
oil crops, including palm, canola, soybean, and waste cooking oils; grease;
food wastes; and animal residues and wastes that can be used to generate
energy;
��� (17)� Agricultural-energy
facilities, including appurtenances necessary for an agricultural-energy
enterprise; provided that the primary activity of the agricultural-energy
enterprise is agricultural activity.� To
be considered the primary activity of an agricultural-energy enterprise, the
total acreage devoted to agricultural activity shall be no less than ninety per
cent of the total acreage of the agricultural-energy enterprise.� The agricultural-energy facility shall be
limited to lands owned, leased, licensed, or operated by the entity conducting
the agricultural activity.
�������������� As used in this paragraph:
�������������� "Agricultural activity"
means any activity described in paragraphs (1) to (3) of this subsection.
�������������� "Agricultural-energy
enterprise" means an enterprise that integrally incorporates an
agricultural activity with an agricultural-energy facility.
�������������� "Agricultural-energy
facility" means a facility that generates, stores, or distributes
renewable energy as defined in section 269-91 or renewable fuel including
electrical or thermal energy or liquid or gaseous fuels from products of
agricultural activities from agricultural lands located in the State.
�������������� "Appurtenances" means
operational infrastructure of the appropriate type and scale for the economic
commercial generation, storage, distribution, and other similar handling of
energy, including equipment, feedstock, fuels, and other products of
agricultural-energy facilities;
��� (18)� Construction and operation of wireless
communication antennas, including small wireless facilities; provided that, for
the purposes of this paragraph, "wireless communication antenna"
means communications equipment that is either freestanding or placed upon or
attached to an already existing structure and that transmits and receives
electromagnetic radio signals used in the provision of all types of wireless
communications services; provided further that "small wireless
facilities" shall have the same meaning as in section 206N-2; provided further that nothing in this paragraph
shall be construed to permit the construction of any new structure that is not
deemed a permitted use under this subsection;
��� (19)� Agricultural education programs conducted on a
farming operation as defined in section 165-2, for the education and
participation of the general public; provided that the agricultural education
programs are accessory and secondary to the principal agricultural use of the
parcels or lots on which the agricultural education programs are to occur and
do not interfere with surrounding farm operations.� For the purposes of this paragraph,
"agricultural education programs" means activities or events designed
to promote knowledge and understanding of agricultural activities and practices
conducted on a farming operation as defined in section 165-2;[]
��� (20)� Solar energy facilities that do not
occupy more than ten per cent of the acreage of the parcel, or twenty acres of
land, whichever is lesser or for which a special use permit is granted pursuant
to section 205‑6; provided that this use shall not be
permitted on lands with soil classified by the land study bureau's
detailed land classification as overall (master) productivity rating class A;
��� (21)� Solar energy facilities on lands with
soil classified by the land study bureau's detailed land classification as
overall (master) productivity rating B or C for which a special use permit is
granted pursuant to section 205-6; provided that:
��������� (A)� The area occupied by the solar energy
facilities is also made available for compatible agricultural activities at a
lease rate that is at least fifty per cent below the fair market rent for
comparable properties;
��������� (B)� Proof of financial security to
decommission the facility is provided to the satisfaction of the appropriate
county planning commission before the date of commencement of commercial
generation; and
��������� (C)� Solar energy facilities shall be
decommissioned at the owner's expense according to the following requirements:
�������������� (i)� Removal of all equipment related to the
solar energy facility within twelve months of the conclusion of operation or
useful life; and
������������� (ii)� Restoration of the disturbed earth to
substantially the same physical condition as existed before the development of
the solar energy facility.
��������� For
the purposes of this paragraph, "agricultural activities" means the
activities described in paragraphs (1) to (3);
��� (22)� Geothermal resources exploration and
geothermal resources development, as defined under section 182-1;
��� (23)� Hydroelectric facilities, including the
appurtenances associated with the production and transmission of hydroelectric
energy, subject to section 205-2; provided that the hydroelectric facilities
and their appurtenances:
��������� (A)� Shall consist of a small hydropower
facility as defined by the United States Department of Energy, including:
�������������� (i)� Impoundment facilities using a dam to
store water in a reservoir;
������������� (ii)� A diversion or run-of-river facility
that channels a portion of a river through a canal or channel; and
������������ (iii)� Pumped storage facilities that store
energy by pumping water uphill to a reservoir at higher elevation from a
reservoir at a lower elevation to be released to turn a turbine to generate
electricity;
��������� (B)� Comply with the state water code,
chapter 174C;
��������� (C)� Shall, if over five hundred kilowatts
in hydroelectric generating capacity, have the approval of the commission on
water resource management, including a new instream flow standard established
for any new hydroelectric facility; and[]
��������� (D)� Do not impact or impede the use of
agricultural land or the availability of surface or ground water for all uses
on all parcels that are served by the ground water sources or streams for which
hydroelectric facilities are considered; [[or]]
��� (24)� Notwithstanding any other law to the
contrary, composting and co-composting operations; provided that operations
that process their own green waste and do not require permits from the
department of health shall use the finished composting product only on the
operation's own premises to minimize the potential spread of invasive species[[.]];
or
��� (25)� Operations of the Hawaii
conservation sanctuary authorized pursuant to section 195D-   ."
���� SECTION
5.� Statutory material to be repealed is
bracketed and stricken.� New statutory
material is underscored.
���� SECTION
6.� This Act shall take effect upon July
1, 2026.
Report Title:
DLNR;
Hawaii Conservation Sanctuary; Endangered Species; Wildlife; Conservation
Description:
Recognizes
the Hawaii Conservation Sanctuary as a nonprofit entity established pursuant to
Senate Resolution 94, Senate Draft 1, Regular Session of 2026, to protect and
expand populations of endangered species and other wildlife in the State.� (CD1)
The summary description
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not legislation or evidence of legislative intent.