HomeMy WebLinkAboutRES 630 Draft 02 2022-2024 COUNTY OF HAWAII :. STATE OF HAWAI'I
•RESOLUTION NO. 630 24
(DRAFT 2)
A RESOLUTION APPROVING THE HAWAI`I COUNTY COUNCIL LEGISLATIVE
PROPOSALS AND PRIORITIES TO BE CONSIDERED FOR INCLUSION IN THE
2025 HAWAI'I STATE ASSOCIATION OF COUNTIES LEGISLATIVE PACKAGE.
WHEREAS, in October 2024,the Hawai`i State Association of Counties ("HSAC")
Executive Committee will evaluate legislative proposals and priorities from each county for
inclusion in the 2025 HSAC Legislative Package that will be presented to the Hawai`i State
Legislature when it convenes in January 2025; and
WHEREAS, each proposal and priority must be approved by an HSAC member county
prior to consideration by the HSAC Executive Committee; and
WHEREAS, timely action is necessary for Hawai`i County Council to approve proposals
and priorities to be considered for the 2025 HSAC package; and
WHEREAS, legislative proposals submitted by Hawai`i County Council are listed below
and copies attached hereto as Exhibit A:
1. A draft bill to repeal the preemption of local authority to regulate tobacco products;
2. A draft bill to allow the counties to request a State land use boundary amendment
from the agricultural to rural districts for small, contiguous parcels;
3. A draft bill to require denitrification in individual wastewater systems under certain
conditions;
4. A draft bill to regulate midwife licensure;
5. A draft bill to advance the mandated timeline and provide for more resources and
funding for cesspool conversions;
6. A draft bill to extend the county surcharge of the general excise tax until 2040; and
7. A draft bill to further regulate agricultural tourism; and
WHEREAS, legislative priorities submitted by the Hawai`i County Council are listed
below:
1. Legislation related to increasing funds for emergency preparedness, evacuation
routes, notification systems, and community-level emergency planning;
2. Legislation related to lowering the cost and expanding the availability of insurance
for homeowners and businesses;
3. Legislation related to workforce development, particularly for green jobs and county
government positions;
4. Legislation related to expanding access to midwifery licensure and increasing
accessibility for reproductive healthcare access, especially in rural areas;
5. Legislation related to responsible game management of wild ungulates;
6. Legislation related to promoting producer responsibility for solid waste;
7. Legislation related to prioritizing and increasing means and infrastructure for multi-
modal transportation and funding for safe routes to school;
8. Legislation related to increasing food security and access to locally-produced food;
9. Legislation related to improving public safety, expanding access to mental health
resources, and establishing community courts with necessary, comprehensive support
services; and
10. Legislation related to preventing and combating squatters and supporting property
owners and communities impacted by squatting; now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
legislative proposals as presented in Exhibit A and the legislative priorities listed above are
hereby submitted to be considered for inclusion in the 2025 Hawai`i State Association of
Counties Legislative Package.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the President and Secretary of the Hawai`i State Association of Counties.
Dated at , Hawai`i,this day of , 20 .
INTRODUCED BY:
OUNCIL MEMB R, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EVANS
GALIMBA
I hereby certify that the foregoing RESOLUTION was by INABA
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA
County of Hawai`i on
KA.N EAL I`I-KL E IN F E L D E R
KIERKIEWICZ
ATTEST: KIMBALL
LEE LOY
VILLEGAS
Reference: C-1043.3/GOEAC-160
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 630 24.
(DRAFT 2)
2
EXHIBIT A
REVISED:
1ST DRAFT DATE:
■ B■ NO.
agmdlorra
•
A BILL FOR AN ACT
RELATING TO THE REGULATION OF TOBACCO PRODUCTS.
•
I
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1I 11
2 SECTION 1. The legislature finds that tobacco use remains the
3 leading cause of preventable death in the United States and in
4 Hawaii. Recent years have brought a precipitous increase in
5 consumer sales of electronic smoking devices, sometimes called
6 "vapes", and one inhalation of these products can contain many
7 times more nicotine than a conventional cigarette. Electronic 4
8 smoking-devices have played a major role in increased rates of
9 youth nicotine addiction, which had been previously on the
10 decline. I
11 f
12 This increased youth tobacco prompted Hawaii to adopt laws to
13 increase the smoking age to 21 years old, and treat electronic
14 cigarettes in the same manner as the state treats conventional
15 cigarettes for purposes of clean indoor air laws. The state and
16 the County of Hawaii, County of Maui, and City and County of
17 Honolulu have also adopted policies to ban smoking - including
18 electronic cigarette use - at state and county beaches and
19 parks.
20
21 In 2018, in order to ensure uniform regulations on tobacco x X
22 sales, the legislature passed Act 206, which, in part, declared I
23 the sale of cigarettes, tobacco products, and electronic smoking
24 devices a matter of statewide concern, and nullified any
25 existing local ordinances or policies that restricted the 'sale
26 of these products. However, the legislature finds that since the
27 Act's passage, youth tobacco use has continued to increase to
28 epidemic levels. According to the 2019 Hawaii Youth Risk
29 Behavior Survey, thirty-one per cent of middle school students
a 3
p E
' f
f
S
f
1
i
t
t
g
)
30 and forty-eight per cent of public high school students had z 5
31 tried electronic smoking devices. The 2019 Hawaii Youth RiskI !
32 Behavior Survey also indicates that eighteen per cent of middle I
t
33 school students and thirty-one per cent of high school students : ]
34 currently vape. i J
35
r u
36 The legislature further finds that in order to end this youth i 1
37 vaping epidemic, the state must work in concert with youth, '
1
38 parents, and. educational institutions, and laws must be changed
39 at all levels of government to establish reasonable restrictions y
40 , on the sale ,of and access to these addictive products. i x
41 I
42 Accordingly, the purpose of this Act is to reauthorize the {
43 counties to enact restrictions of the sales of tobacco products, .
44 including electronic smoking devices, by inserting a sunset date
45 into Act 206, Session Laws of Hawaii 2018. (
46
47 • z
48 SECTION 2. Section §328J-11.5, Hawaii Revised Statutes, is 1
49 repealed. t 4
50 1
51 (Statcw-idc concorn. (a) Sales of cigarcttcc, tobacco products, g
52 end electronic smoking devices arc a statewide concern. It is 1 i
53 the intent of the legislature to regulate the sale of a
54 cigarettes, tobacco products, and electronic smoking devices in 1 2
55 a uniform and exclusivef
56 (b) All local ordinances or regulations that regulate
57 the sale of cigarettes, tobacco products, and electronic smoking
58 devices arc preempted, and existing local lawn and regulations I
a
. 59 conflicting with this chapter arc null and void.
60 (c) Nothing in this chapter shall be construed to
61 limit a county's authority under section 328J 15. ]
62 1
63 SECTION 3. Statutory material to be repealed is bracketed and i x
64 stricken. i
65
66 SECTION 4. This Act shall take effect upon approval. ]
1 £
i
. ? I
1
t
t
5
HOUSE OF REPRESENTATIVES 1542
THIRTY-SECOND LEGISLATURE, 2024 H . B . NO . H.D. 2
STATE OF HAWAIIS.D. 1
A BILL FOR AN ACT
RELATING TO LAND USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that small lot
2 subdivisions exist in agricultural districts within each county
3 that may be more appropriately placed within the rural district .
4 Many of these lots were created for speculative purposes before
5 the enactment of the state land use law in 1961 .
6 The legislature further finds that the counties have an
7 interest in redistricting these lands as they may contain lots
8 and uses that are non-conforming or of insufficient size to
9 support commercial agricultural use.
10 Therefore, the purpose of this Act is to allow each of the
11 counties a temporary opportunity to petition for the
12 redistricting of land from the agricultural district to the
13 rural district through the land use commission' s declaratory
14 ruling process.
15 SECTION 2 . (a) Between July 1, 2024, and December 31,
16 2026, the planning commission of any county may petition the
17 land use commission, established by chapter 205, Hawaii Revised
2024-2217 HB1542 SD1 SMA.docx
ILL IN1AI III II IeIII IIYIIIII1I1IIII II 11111111111111111111
1542
Paget H . B.
Nc .
H.D.
H.D. 2
S.D. 1
1 Statutes, for redistricting of land from an agricultural
2 district to a rural district; provided that the following
3 requirements are met:
4 (1) The land has been:
5 (A) Developed for single-family residences that are
6 currently in the agricultural district; and
7 (B) Subdivided into lots that are no larger than two
8 acres in size;
9 (2) The land is part of an existing agricultural
10 subdivision consisting of more than twenty subdivided
11 lots;
12 (3) A single-family residence is constructed on each lot,
13 or the lot is part of an agricultural subdivision
14 intended for single-family residential construction;
15 (4) The requirements of chapter 343, Hawaii Revised
16 Statutes, if applicable, are met at the time of
17 redistricting;
18 (5) The redistricting would not adversely affect the
19 ability of neighboring lands to be used for
20 agricultural purposes;
2024-2217 HB1542 SD1 SMA.docx 2
LI'L1IY 111111
1542
Page 3 H . B . NO . N.D.
H.D. 2
S.D. 1
1 (6) The area petitioned for redistricting is supported by
2 the applicable county plan;
3 (7) The applicable county planning commission provides:
4 (A) All affected landowners reasonable notice of the
5 proposed redistricting petition;
6 (B) The public an opportunity to comment on the
7 proposed redistricting petition; and
8 (C) Required due process for district boundary
9 amendments under constitutional and statutory
10 law; and
11 (8) The office of planning and sustainable development
12 shall in every case appear as a party, at both state
13 and county' levels, and make recommendations to address
14 state interests and public trust issues .
15 (b) The land use commission shall process petitions under
16 subsection (a) as declaratory rulings within three hundred
17 sixty-five days from the petition being deemed complete. If the
18 land use commission finds that there is insufficient evidence
19 presented by the applicable county planning commission or that
20 significant public trust issues are presented by the petition,
21 the land use commission may:
2024-2217 HB1542 SD1 SMA.docx 3
II 1111 I11 II L111111911111111111011111111 §111111 1111111
Page 4 H . B . NO . 1542 1542
S.D. 1
1 (1) Deny the petition in whole or in part; or
2 (2) Schedule a contested case hearing on the matter
3 consistent with its administrative rules.
4 (c) The land use commission shall adopt rules pursuant to
5 chapter 91, Hawaii Revised Statutes, to implement this Act.
6 SECTION 3 . This Act shall take effect on July 1, 3000, and
7 shall be repealed on December 31, 2027 .
2024-2217 HB1542 SD1 SMA.docx 4
1911L111Y11111111111111 III 11111111111111111111.11115111111
•
H . B . NO . 1542
H.D. 2
S.D. 1
Report Title:
Land Use Commission; County Planning Commissions; Petition; Land
Redistricting; Agricultural District; Rural District
Description:
Between 7/1/2024 and 12/31/2026, authorizes each county planning
commission to petition for the redistricting of lands from
, agricultural districts to rural districts through the Land Use
Commission' s declaratory ruling process. Sunsets 12/31/2027 .
Effective 7/1/3000 . (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
•
2024-2217 HB1542 SD1 SMA.docx
I11I1 I 1I nvort I II'TlI 1 II 1111
HOUSE OF REPRESENTATIVES 1691
THIRTY-SECOND LEGISLATURE, 2024 H . B . NO . H.D. 1
STATE OF HAWAII S.D. 1
A BILL FOR AN ACT
RELATING TO THE ENVIRONMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that protecting the
2 State ' s nearshore waters is important for ecosystem resilience
3 and public health. Clean nearshore waters, free of pollutants,
4 help support the coral reef systems that are critical to
5 Hawaii ' s fisheries. A 2023 study published in the scientific
6 journal Nature found that coral reefs that are protected from
7 land-based pollutants, especially wastewater pollutants, are
8 better able to recover from ocean warming events .
9 Accordingly, the purpose of this Act is to require newly
.10 installed or modified individual wastewater systems that are
11 near the shoreline, or likely to pollute groundwater, to include
12 denitrification capacity.
13 SECTION 2 . Chapter 342D, Hawaii Revised Statutes, is
14 amended by adding a new section to part III to be appropriately
15 designated and to read as follows :
2024-2139 HB1691ISSD1 SMA.docx
Page 2 H . B . NC) . N.D.
.D. 1
S.D. 1
1 "§342D- Individual wastewater systems; denitrification
2 capacity. (a) Each individual wastewater system that is newly
3 installed or modified shall have denitrification capacity if:
4 (1) The wastewater system is located two hundred feet or
5 less from a shoreline; or
6 (2) The wastewater system is located at or below one
7 thousand five hundred feet above sea level and:
8 (A) The substrate is less than five thousand years
9 old; and
10 (B) The soil has low nutrient holding capacity, low
11 shrink and swell characteristics, and very fast
12 water permeability, based on the Hawaii soil
13 atlas.
14 (b) For the purposes of this section, "denitrification
15 capacity" means being certified to meet the guidelines of the
16 National Sanitation Foundation/American National Standards
17 Institute standard 245 for on-site residential wastewater
18 treatment. "
19 SECTION 3 . New statutory material is underscored.
20 SECTION 4 . This Act shall take effect on July 1, 2050 .
2024-2139 HB1691 SD1 SMA.docx 2
11121 I l TBII II M I SIN
H . B . NO . 1691
H.D. 1
S.D. 1
Report Title:
Environment; Individual Wastewater Systems; Nearshore Waters;
Denitrification Capacity
Description:
Requires newly installed or modified individual wastewater
systems that are near the shoreline, or likely to pollute
groundwater, to include denitrification capacity. Takes effect
7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
2024-2139 HB1691 SD1 SMA.docx
Ii311111 I1 F1 III IJ -I, p1-hl11 III
.B. NO.
A BILL FOR AN ACT
RELATING TO LICENSED MIDWIVES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1. The legislature finds that Act 32, Session laws of Hawaii 2019, created
2 a licensure program to regulate midwives, as HRS 457-J,with the intention to "allow a woman
3 to choose where and with whom she gives birth,"while providing the benefits of licensure.
4 This licensure program has run for five years and will sunset on June 30, 2025.
5 The 2019 legislature also found in Act 32 that(1) "mothers and families seek out
6 alternatives to hospital births and they find significant value in community or home birth
7 services" and that(2) "these services have been provided by individuals identifying themselves
8 as traditional or cultural practitioners, midwives, certified professional midwives, lay
9 midwives, direct entry midwives,birth keepers, or birth attendants."
10 Under HRS 457-J, only certified professional midwives (CPMs) and certified midwives
11 (CMs) are eligible for licensure. Act 32 (2019) stated that, "by the end of the three-year period
12 (2022), the legislature intends to enact statutes that will incorporate all birth practitioners and
13 allow them to practice to the fullest extent under the law." While significant efforts were made,
14 this goal has not yet been achieved. A temporary exemption for non-CPM/CM birth attendants
15 expired in 2023,which in effect has made nearly all unlicensed birth workers, cultural
16 practitioners and extended family attending births illegal, as intended exemptions were shown
17 to need further strengthening to be effective.
2025=0208 1
Page 2 .B. NO.
1 The purpose of this measure is to fulfill the legislature's intent to allow all birth
2 practitioners to practice legally, while continuing licensure for CPMs and CMs. The legislature
3 finds that licensure for CPMs and CMs is beneficial, with the addition of locally-accessible
4 pathways to these practices, such as the Portfolio Evaluation Process (PEP) certified by the
5 North American Registry of Midwives (NARM), and certain technical updates, such as
6 alignment of CM statutory verbiage with established CM professional requirements.
7 The legislature also finds that for many people, decisions about pregnancy and birth are
8 informed by their personal or community history and culture, and are experiences of great
9 social, cultural, and spiritual significance,not primarily medical events. As such, there are a
10 wide range of traditional practitioners—for example,pale keiki, traditional church midwives,
11 lola, and senba—and birth-related service providers, including doulas, lactation consultants,
12 birth coaches, chanters, nutrition support people, spiritual practitioners, and others whose care
13 and advice are important in the well-being of birthing people and their families.
14 The legislature finds that the Midwife Licensing Program established by Act 32 (2019)
15 and enacted as HRS 457J was an important step toward recognizing the practice of professional
16 midwifery.
17 The legislature also finds that the implementation of HRS 457J provided valuable
18 insight into the complexity of community birth settings in Hawai'i. Some of the urgent needs
19 identified in this process include the following:
20 1. Safety. Research evidence highlighted by the Centers for Disease Control and
21 Prevention(CDC) and in The White House Blueprint for Addressing the Maternal Health Crisis
22 (June, 2022) suggests that legal access to culturally responsive care of the birthing persons
23 choosing, including traditional practices of that persons culture, is strongly correlated with
2
•
Page 3 .B. NO.
1 increased safety and well-being. Home birth with a skilled,unlicensed midwife has been found
2 to be safe and has not been found to be a contributor to the high maternal mortality rate in
3 Hawaii, or any other harm to health and safety. Effective communication during hospital
4 transport was also found to be an important factor in safety. Barriers may include, for example,
5 fear of legal danger that inhibits communication and information sharing, and might cause
6 parents to delay needed transport. Safety is therefore best served by protecting access to all
7 types of birthing assistance, and by developing and engaging long-range strategies that
8 effectively address proven barriers to safety.
9 2. Access to care. Maternal mortality was found by the CDC to be higher amongst
10 Native Hawaiians, Pacific Islanders, Black people,Native Americans, and Alaska Natives; and
11 recent data indicates that Native Hawaiians and other Pacific Islanders now have the highest
12 rates of all. Maternal mortality has not been associated with out-of-hospital birthing in any
13 way, and is strongly correlated to lack of access to culturally appropriate care and support.
14 There is also a severe lack of access to maternal health care overall in Hawai'i. Due to extreme
15 physician shortages, particularly in rural neighbor island communities, many neighbor island
16 pregnant people are forced to fly to Oahu in order to receive conventional prenatal care, and to
17 give birth, often with no family or other support. All three neighbor island counties (Hawaii,
18 Kauai, Maui)passed resolutions in 2023 "urging The Hawai'i State Legislature To Enact A
19 Statute Exempting Birth Attendants From State Licensure Requirements." Access is best
20 served by keeping all care options legally accessible, while long-term solutions are developed
21 that address the complex needs of these communities.
22 3. Culture. The need for culturally responsive care has been highlighted in new data
23 and other scholarship within the last two years. This is associated with better maternal/infant
3
Page 4 .B. NO.
1 outcomes and with trust,which in itself is a significant factor in access to care. Act 32 states
2 "that practicing midwifery according to this Act does not impede one's ability to incorporate or
3 provide cultural practices."However, the judiciary found that constitutionally protected cultural
4 practices were impeded, due to ambiguous language, administrative complexities and other
5 factors. The court ruling (July 23, 2024) highlighted the importance of protecting traditions that
6 might be lost, as well as the emergence of a new generation of local birth-related practitioners
7 from a variety of cultures and a wide range of practices. Cultural competency is best served by
8 protecting access to practitioners of all cultures, while long-term solutions are developed that
9 address the complex needs of our multicultural community.
10 4. Integration. Healthy relationships between birthing people, their attendants, and
11 medical personnel are imperative for maternal health, and especially for emergency situations.
12 Trust, mutual respect and collaborative care are of vital importance. Integration is best served
13 by ensuring legality of all types of practice that may be engaged in by any family, thereby
14 eliminating fears and legal dangers that could inhibit effective communication, access, and
15 information sharing. Mutually respectful integration strategies should be included in long-range
16 legislative planning.
17 5. License Equality. There are only eight Midwifery Education Accreditation Council
18 (MEAC) schools accredited in the United States and none are located in Hawaii. Requiring
19 certification that is prohibitively difficult for residents of Hawaii to obtain,while allowing
20 transfer of out-of-state licenses that may not have these requirements, disadvantages and
21 potentially displaces Hawai'i practitioners and limits patients' access to culturally informed
22 community-based care. No Kanaka Maoli (Native Hawaiians) have yet been licensed and only
23 one of 41 total licensed midwives was born and raised in Hawai'i. Over a fourth of the state's
4
Page 5 .B. NO.
1 licensed midwives do not reside in Hawai'i at all. Equitable balancing and assurance of access
2 to licensure for Hawai'i residents is important.
3 6. Justice. Since licensure began in 2019,new scholarly data clarified that people of
4 color experience systemic injustice at disproportionate rates. Meaningful choices about where,
5 how, and with whom to birth are constrained when those who are needed to help enact those
6 choices face legal penalties for doing so, and the birthing person could also be implicated. Fear
7 of systemic discrimination has resulted in some birthing people in Hawai`i choosing to give
8 birth with no assistance, rather than risk potential systemic repercussions from use of an
9 unlicensed provider. It is therefore urgent that systemic barriers to birth support be removed, to
10 ensure both safety and increased systemic justice.
11 7. Diversity. The White House Blueprint for Addressing the Maternal Health Crisis
12 (June, 2022) is clear that"The lack of diversity in clinical providers and non-clinical workers is
13 troubling, especially given studies that show how beneficial care from diverse providers can be,
14 especially for women of color." A diversity of practices are needed in order to address the
15 current maternal health crisis in Hawai`i and meet the needs of Hawai`i`s multicultural and
16 rural communities. Since licensure began in 2019, it has become clear that there is a very broad
17 spectrum of cultural,religious, and historically traditional birth practices in Hawai`i, outside of
18 licensed clinical midwife practice. Diversification of legally available options is urgently
19 needed to protect cultural practices, ensure reproductive autonomy, increase access to care, and
20 improve health outcomes and mortality rates.
21 The Hawaii Regulatory Licensing Reform Act, HRS Chapter 26H requires the State to
22 regulate professions only"when the health, safety, or welfare of the consumer may be
23 jeopardized by the nature of the service"based upon"evidence of abuses by providers of the
5
Page 6 .B. NO.
1 service"and other actual evidence"in determining whether regulation is desirable."The
2 Hawaii regulatory licensing reform act also requires that, "Regulation shall not unreasonably
3 restrict entry into professions and vocations by all qualified persons," and notes that"the
4 purpose of regulation shall be the protection of the public welfare and not that of the regulated
5 profession or vocation," and that"Professional and vocational regulations shall be eliminated
6 when the legislature determines that they have no further benefits to.consumers."
7 The Legislature therefore finds that regulation of certified professional midwifery and
8 certified midwifery, which utilize prescription drugs, modern instrumentation, and techniques
9 such as intravenous fluid administration, would be reasonable and beneficial to consumers,
10 with the addition of accessible pathways for qualified local Hawai`i practitioners to achieve
11 licensure. Regulation by the State of traditional and non-clinical practitioners and extended or
12 hanai family is not supported or required by the Hawaii Regulatory Licensing Reform Act.
13 The purpose of this measure is to allow a woman to choose where and with whom she
14 gives birth,by ensuring the legality of all practices engaged with by any birthing person,while
15 comprehensive solutions are built that address the complexity of community needs and cultural
16 considerations in Hawai`i.
17 SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be
18 appropriately designated and to read as follows:
19 Section 1 -Purpose. To provide for the licensure of the certified midwife and the
20 certified professional midwife by the Department of Commerce and Consumer Affairs,to
21 identify the scope of practice for a licensed midwife, to allow a licensed midwife to provide
22 independent midwifery services in: hospitals, clinics, freestanding birthing facilities, the
23 community birth setting, and the home; to allow licensed midwives to be eligible for insurance
6
Page 7 .B. NO.
1 reimbursement; and to prohibit representation as a certified midwife or certified professional
2 midwife unless licensed.
3 Section 2 -Definitions.
4 "Accredited educational program in midwifery" means an academic and practical program of
5 midwifery accredited by the Accreditation Commission for Midwifery Education (ACME) for
6 certified midwives (CMs), or the Midwifery Education Accreditation Council (MEAC) for
7 certified professional midwives (CPMs).
8 "American Midwifery Certification Board(AMCB)"means the national certifying body for
9 Certified Midwives (CMs) and Certified Nurse-Midwives (CNMs).
10 "American College of Nurse-Midwives (ACNM)"means the professional association that
11 represents certified midwives (CMs) and certified nurse-midwives (CNMs) in the United
12 States.
13 "Certified Midwife (CM)"means a person who has graduated from a graduate-level midwifery
14 education program accredited by the Accreditation of Commission for Midwifery Education
15 (ACME) or its successor organization and holds a valid certification from the American
16 Midwifery Certification Board(AMCB) or its successor organization.
17 "Certified Professional Midwife (CPM)"means a person who has obtained a midwifery.
18 education by completing a Midwifery Education Accreditation Council(MEAC) education
19 program; or by completing a midwifery apprenticeship under a North American Registry of
20 Midwives (NARM)registered preceptor,the Portfolio Evaluation Process (PEP), successfully
21 passing the NARM exam, and holds a valid certification from NARM or its successor
22 organization.
23 "Collaborate"means a process in which a practitioner cooperates and communicates with
7
Page 8 .B. NO.
1 healthcare professionals from different disciplines,based on the healthcare needs of the patient,
2 each providing distinct and complementary expertise to improve care.
3 "Department"means the Department of Commerce and Consumer Affairs for the State of
4 Hawai'i.
5 "Director"means the director of the Department of Commerce and Consumer Affairs.
6 "Expedited partner therapy"means the clinical practice of treating the sexual partners of clients
7 diagnosed with sexually transmitted infections by relaying prescriptions or providing
8 medications to the client to take to their partner without the licensed midwife first examining
9 the partner. (Auth: HRS $453-52)
10 "Licensed Midwife"means a person licensed under this chapter.
11 "Midwife Preceptor"means a licensed midwife, licensed maternal health professional, or
12 preceptor registered with a Midwifery Education Accreditation Council (MEAC) school, who
13 participates in the clinical education of individuals who are enrolled in a MEAC education
14 program,Accreditation Commission for Midwifery Education(ACME) education program or
15 directly working under a North American Registry of Midwives (NARM)Registered Preceptor
16 to acquire their Portfolio Evaluation Process requirements (PEP).
17 "Midwifery"means skilled, knowledgeable and compassionate care for childbearing women
18 Ipeoplel,newborn infants and families across the continuum from prenatal,pregnancy,birth,
19 postpartum and the early weeks of life, as defined by the World Health Organization.
20 "Midwifery bridge certificate" is a certificate issued by North American Registry of Midwives
21 (NARM) to a Certified Professional Midwife who obtained certification through the Portfolio
22 Evaluation Process,upon the successful completion of additional accredited education
23 (minimum of 50 hours) in specific subjects as required by NARM. The bridge certificate
•
Page 9 .B. NO.
1 demonstrates a blended training pathway of both apprenticeship and accredited education.
2 1 "Midwifery Education Accreditation Council (MEAC)"means the independent,non-profit
3 organization recognized by the United States Department of Education as the accrediting
4 agency of the direct-entry midwifery institutions and programs.
5 "North American Registry of Midwives (NARM)"means the national certifying body for
6 Certified Professional Midwives.
7 "Portfolio evaluation process (PEP)"is an apprenticeship model educational process that
8 includes verification of knowledge and skills by qualified NARM preceptors. Completion of
9 this process qualifies an applicant to sit for the NARM written examination.
10 "Practice of certified midwifery"means midwifery as practiced by certified midwives (CMs),
11 encompasses the independent provision of care during pregnancy, childbirth, and the
12 postpartum period; sexual and reproductive health; gynecologic health; and family planning
13 services, including preconception care. Certified Midwives also provide primary care for
14 individuals from adolescence throughout the lifespan as well as care for the healthy newborn
15 and infant during the first 28 days of life.
16 "Practice of certified professional midwifery"means midwifery as practiced by certified
17 professional midwives (CPMs), encompasses the independent provision of care during
18 pregnancy, childbirth,and the postpartum period; sexual and reproductive health; gynecologic
19 health; and family planning services, including preconception care. Certified Professional
20 Midwives also provide primary care for the healthy newborn and infant during the first 12
21 weeks of life.
22 "Student midwife"means a person who is enrolled in an ACME accredited school,MEAC
23 midwifery educational program; or directly working under a NARM registered preceptor on
9
Page 10 .B. NO.
1 acquiring their PEP requirements for NARM certification.
2 "Traditional birth attendant"means a person who assists birthingpeople with traditional skills
3 and techniques, and is not licensed under this chapter.
4 "Unlicensed assistive person"means an individual who is not licensed to practice certified
5 midwifery or certified professional midwifery,but who competently provides tasks delegated
6 by a licensed midwife.
7 Section 3 -Application and requirements for license as a midwife. To obtain a
8 license under this chapter, the applicant shall provide:
9 (1)An application for licensure;
10 (2) The required fees;
11 c3) Proof of current,unencumbered certification as a:
12 (A) Certified midwife; or
13 (B) Certified professional midwife;
14 (4)For certified midwives, for a license to practice certified midwifery under this act, an
15 individual shall establish to the satisfaction of the Department that the individual:
16 A. Holds a valid graduate degree in midwifery from a program accredited by AMCB or
17 its successor;
18 B. Has successfully passed the certification exam from AMCB or its successor
19 organization; and
20 C. Is at least 21 years of age by the date of the licensure application.
21 f5)For certified professional midwives, for a license to practice certified midwifery under this
22 act, an individual shall provide proof of:
23 A. Successful completion of midwifery education and training that is either:
10
Page 11 .B. NO.
1 (i) Certification through an educational program or pathway accredited by the
2 Midwifery Education Accreditation Council; or
3 (ii) Certification through the North American Registry of Midwives portfolio
4 evaluation process (PEP) and a midwifery bridge certificate issued by the North
5 American Registry of Midwives for the certified professional midwife.
6 B. Licensure maintained in a state that does not require accredited education, and a
7 midwifery bridge certificate issued by NARM;
8 (6) If applicable; evidence of any licenses held or once held in other jurisdictions indicating the
9 status of the license and documenting any disciplinary proceedings pending or taken by any
10 jurisdiction.,
11 (7) Information regarding any conviction of any crime which has not been annulled or
12 expunged; and
13 (8)Any other information the department may require to investigate the applicant's
14 qualifications for licensure.
15 Section 4-Powers and duties of the director. In addition to any other powers and
16 duties authorized by law, the director shall have the power and duties to:
17 (1) Grant permission to a person to use the title of"licensed midwife"_pursuant to this chapter
18 and the rules adopted pursuant thereto;
19 (2)Adopt, amend, or repeal rules pursuant to chapter 91 to carry out the purposes of this
20 chapter;
21 (3)Administer, coordinate, and enforce this chapter and rules adopted pursuant thereto;
22 (4)Discipline a licensee for any cause described by this chapter or for any violation of rules or
23 refuse to license a person for failure to meet the licensing requirements or for any cause that
11
Page 12 .B. NO.
1 would be grounds for disciplining a licensee;
2 (5)Appoint an advisory committee to assist with the implementation of this chapter and the
3 rules adopted pursuant thereto. The advisory committee shall consist of the following:
4 (A) Three midwives who are certified professional midwives;
5 (B) Two members of the public; and
6 (C) One certified midwife; if none is available, a certified nurse midwife who works in
7 the community birth setting, if none is available a certified professional midwife; and
8 (6)Remove or otherwise modify the authorization to furnish or prescribe prescription drugs and
9 legend devices by rule under chapter 91. [L 2019, c 32, pt of§2]
10 Section 5 - Scope of practice. Licensed Midwife. Certified Midwife. Certified
11 Professional Midwife. Licensed midwife scope:
12 (1)A licensed midwife may not practice without a current and valid certification and license.
13 (2)A licensed certified midwife(CM) shall at all times practice within the scope of practice
14 and national standards as delineated by ACNM or its successor; a licensed certified
15 professional midwife (CPM) shall at all times practice within the scope of practice and national
16 standards as delineated by NARM or its successor.
17 (3) Clarifications of the scope of practice of a licensed midwife may be established by the
18 Department consistent with national standards of ACNM for the certified midwife, or NARM
19 for the certified professional midwife.
20 (4)The scope of practice of a licensed midwife includes;
21 a. Authorization to order and interpret medical laboratory and diagnostic tests, to
22 perform ultrasound scanning and to obtain equipment and supplies necessary for the
23 safe practice of midwifery;
12
Page 13 .B. NO.
1 b. Provide initial and ongoing comprehensive assessment, diagnosis, and
2 treatment;
3 c. Conduct physical examinations;
4 d. Promote individualized wellness education and counseling for health promotion,
5 disease prevention, risk assessment and management;
6 e. Collaborate in partnership with individuals and families in diverse settings such
7 as ambulatory care clinics,private offices,telehealth and other methods of remote care
8 delivery, community and public health systems, homes,hospitals, and birth centers; and
9 f. Order medical devices, durable medical equipment
10 (5)Unless authorized to practice as a licensed midwife under this act, a person shall not use or
11 imply the use of the words or term"licensed midwife,"or any similar title or description of
12 services with the intent to represent that the person practices midwifery as a licensed midwife.
13 Certified midwife scope: In addition to the scope of a licensed midwife, the certified
14 midwife(CM)may:
15 (1) Obtain prescriptive authority to independentlyprescribe medications including but not
16 limited to controlled substances, treatment of substance use disorder, and expedited partner
17 therapy;
18 (2)Admit,manage, and discharge patients to and from hospital or freestanding birthing
19 facilities;
20 .(3)Assist in surgery, provided that this subparagraph shall only apply to licensed midwives
21 practicing as certified midwives; [HAR 89- C 16-89-81 (c 3:A-v)]; and
22 (4) Order home health services.
23 Certified professional midwife scope: In addition to the scope of a licensed midwife, the
13
•
Page 14 .B. NO.
1 certified professional midwife (CPM)may:
2 (1) Obtain authority to independently furnish medications including but not limited to
3 expedited partner therapy for sexually transmitted infections;
4 (2)Admit,manage, and discharge patients to and from a freestanding birthing facility or
5 birthing home in the community setting; and
6 (3) Obtain medical devices, durable medical equipment and supplies necessary for the safe
7 practice of certified professional midwifery
8 (4)Furnish medications and devices that are used within the practice of midwifery.
9 Section 6. Practice standards. Licensed Midwife. Practice standards for licensed
10 midwives shall include, but shall not be limited to the:
11 (1)provision of evidence-informed, client-centered care in collaboration with the client
12 including referrals to other providers and services, as indicated;
13 2) adoption of ethical standards in support of individual rights and self-determination in a
14 context of family, community, and a system of healthcare;
15 (3) documentation of client charts to facilitate interprofessional communication and provide
16 clients with a means to access their healthcare records;
17 (4)participation in quality management such as peer review, continuing education, and data
18 analysis to improve midwifery practice.
19 Section 7-Delegation of tasks rules. (1)Any licensed midwife may delegate any
20 task included in the midwife's licensed scope of practice subject to the requirements of this
21 section. A licensed midwife may delegate midwife tasks to licensed, certified, registered, or
22 unlicensed or unregulated(by the state) assistive personnel. In no event may a licensed midwife
23 delegate the authority to another person to select medications if the person is not, independent
14
Page 15 .B. NO.
1 of the delegation, authorized by law to select medications;
2 (2)Delegated tasks shall be within the area of responsibility of the delegating licensed midwife
3' and shall not require any delegate to exercise the judgment required of a licensed midwife;
4 (3)No delegation shall be made without the delegating licensed midwife making a
5 determination that, in their professional judgment, the delegated task can be properly and safely
6 performed by the delegate and that the delegation is commensurate with the patient's safety and
7 welfare;
8 (4) The delegating licensed midwife is solely responsible for determining the required degree of
9 supervision the delegate will need, after an evaluation of the appropriate factors, which shall
10 include,but are not to be limited to,the following:
11 (a) The stability of the condition of the patient;
12 (b)the training and ability of the delegate;
13 (c) the nature of the licensed midwife task being delegated;
14 (5)An employer of a licensed midwife may establish policies,procedures, protocols, or
15 standards of care that limit or prohibit delegations by licensed midwives in specified
16 circumstances; and
17 (6)The Department may promulgate rules pursuant to this section, including but not limited to
18 standards on the assessment of the proficiency of the delegate to perform delegated tasks, and
19 standards for accountability of any licensed midwife who delegates licensed midwife tasks.
20 Section 8-Prescriptive Authority. Certified Midwives. Limits on prescriptions.
21 Rules. Financial benefit for prescribing prohibited.
22 (1)The Department may authorize the certified midwife who is in good standing without
23 disciplinary sanctions and who has fulfilled the requirements of this section and requirements
15
Page 16 .B. NO.
1 established by the Department pursuant to this section to prescribe controlled substances or
2 prescription drugs;
3 L2)A certified midwife may be granted authority to prescribe prescription drugs and controlled
4 substances to provide treatment to clients within the role and population focus of the certified
5 midwife, as applicable;
6 (3) A certified midwife who has been granted authority to prescribe prescription drugs and
7 controlled substances under the Department may advise the certified midwife's patients of their
8 option to have the symptom or purpose for which a prescription is being issued included on the
9 prescription order;
10 (4)Upon satisfaction of the requirements set forth by the Depai tiuent of this section, the
11 Department may grant provisional prescriptive authority to a certified midwife. The provisional
12 prescriptive authority that is granted is limited to those patients and medications appropriate to
13 the certified midwife's role and population focus;
14 (5)The certified midwife shall maintain national certification, as specified in Section 3,unless
15 the Department grants an exception;
16 (6)A certified midwife who obtains prescriptive authority pursuant to this section shall be
17 assigned a specific identifier by the Department. This identifier shall be available to the
18 Hawai'i medical board and the state board of pharmacy. The Department shall establish a
19 mechanism to assure that the prescriptive authority of a certified midwife may be readily
20 verified;
21 (7)Prescriptive authority by a certified midwife is limited to those patients appropriate to the
22 certified midwife's scope of practice. Prescriptive authority may be limited or withdrawn and
23 the certified midwife may be subject to further disciplinary action if the certified midwife has
16
Page 17 .B. NO.
1 prescribed outside the certified midwife's scope of practice or for other than a therapeutic
2 purpose;
3 (8)Nothing in this section shall be construed to require a certified midwife to obtain
4 prescriptive authority to order anesthesia care;
5 (9)A certified midwife shall not accept any direct or indirect benefit from a pharmaceutical
6 manufacturer or pharmaceutical representative for prescribing a specific medication to a
7 patient. For the purposes of this section, a direct or indirect benefit does not include a benefit
8 offered to a certified midwife regardless of whether the specific medication is being prescribed;
9 and
10 (10)A pharmacist who dispenses drugs and devices to a midwife as authorized by this section
11 and in conformity with chapter 461 is not liable for any adverse reactions caused by the
12 midwife's administration of legend drugs and devices.
13 Section 9 -Authority to furnish. Certified professional midwives.Financial benefit
14 for furnishing prohibited.
15 (1) The Department may authorize the certified professional midwife who is in good standing
16 without disciplinary sanctions and who has fulfilled the requirements of this section and
17 requirements established by the Department pursuant to this section to furnish prescription
18 drugs and devices consistent with the practice of midwifery;
19 (2)A certified professional midwife may be granted authority to furnish prescription drugs to
20 provide treatment to clients within the role and population focus of the certified professional
21 midwife, as applicable;
22 (3)A certified professional midwife who has been granted authority to furnish prescription
23 drugs under the Department may advise the certified professional midwife's patients of their
17
Page 18 .B. NO.
1 option to have the symptom or purpose for which a medication is being issued included on the
2 order to furnish;
3 (4)A certified professional midwife who obtains authority to furnish prescription drugs
4 pursuant to this section shall be assigned a specific identifier by the Depar tment. This identifier
5 shall be available to the Hawai'i medical board and the state board of pharmacy. The
6 Departrrrent shall establish a mechanism to assure that the authority to furnish of a certified
7 professional midwife may be readily verified;
8 (5)Authority to furnish prescription drugs by a certified professional midwife is limited to
9 those patients appropriate to the certified professional midwife's scope of practice. Authority to
10 furnish may be limited or withdrawn and the certified professional midwife may be subject to
11 further disciplinary action if the certified professional midwife has furnished a medication
12 outside the certified professional midwife's scope of practice or for other than a therapeutic
13 purpose;
14 (6)A certified professional midwife shall not accept any direct or indirect benefit from a
15 pharmaceutical manufacturer or pharmaceutical representative for furnishing a specific
16 medication to a patient. For the purposes of this section, a direct or indirect benefit does not
17 include a benefit offered to a certified professional midwife regardless of whether the specific
18 medication is being furnished; and
19 (7)A pharmacist who dispenses drugs and devices to a midwife as authorized by this section
20 and in conformity with chapter 461 is not liable for any adverse reactions caused by the
21 midwife's administration of legend drugs and devices.
22 Section 10 -License required.
23 (a) Beginning July 1, 2025, except as provided in this chapter, no person shall use the title
18
Page 19 .B. NO.
1 "licensed midwife," or the abbreviation "L.M.," or any other words, letters, abbreviations, or
2 insignia indicating or implying that the person is a licensed midwife, without a valid license
3 issued pursuant to this chapter.
4 (b)No person shall use the title"Certified Midwife" or"Certified Professional Midwife"
5 without a valid certification.
6 (c)Nothing in this section shall preclude a person holding a national certification as a midwife
7 from identifying the person as holding such certification, so long as the person is not professing
8 to be licensed to practice midwifery in the State unless that person is licensed in accordance
9 with this chapter.
10 (d)This chapter does not require licensure of an individual who is:
11 (1) A certified nurse-midwife holding a valid license under chapter 457;
12 (2)A student midwife:,
13 (3) Licensed and performing work within the scope of practice or duties of the person's
14 profession that overlaps with the practice of midwifery;
15 (4)A person providing limited perinatal support services that are not subject to state
16 licensure requirements, such as childbirth education, lactation support, or doula carer
17 (5) A person rendering emergency aid;
18 (6)A person administering care to a person's immediate or extended family, including
19 hanai family.
20 (7) A person with birth-related practices in connection with or in accordance with the
21 - tenets and practice of any ethnic culture, provided that no person claims to practice as a
22 certified midwife, certified professional midwife or a licensed midwife;
23 (8)A person with birth-related practices in connection with healing by prayer or
19
Page 20 .B. NO.
1 spiritual means in accordance with the tenets and practice of any well recognized church
2 or religious denomination,provided that no person claims to practice as a certified
3 midwife, certified professional midwife or a licensed midwife;
4 (9) A person acting as a traditional birth attendant who:
5 (A) Does not use legend drugs or devices, the use of which requires a license
6 under the laws of the State;
7 (B1 Does not advertise that the person is a licensed midwife;
8 (C) Discloses to each client verbally and in writing at the time care is first
9 initiated:
10 (i) That the person does not possess a professional license issued by the
11 State to provide health or maternity care to women or infants;
12 (ii) That the person's education and qualifications have not been
13 reviewed by the State;
14 (iii) The person's education and training;
15 (iv) That the person is not authorized to acquire, carry, administer, or
16 direct others to administer legend drugs;
17 (v)Any judgment, award, disciplinary sanction, order, or other
18 determination that adjudges or finds that the person has committed
19 misconduct or is criminally or civilly liable for conduct relating to
20 midwifery by a licensing or regulatory authority, territory, state, or any
21 other jurisdiction; and
22 (vi)A plan for transporting the client to the nearest hospital if a problem
23 arises during the client's care; and
20
Page 21 .B. NO.
1 (D) Maintains a copy of the form required by subparagraph (C) for at least ten
2 years and makes the form available for inspection upon request by the
3 Depa(tinent.
4 (e)Nothing in this chapter shall prohibit traditional ►Native Hawaiian] healing practices of
5 prenatal,maternal, and child care.Nothing in this chapter shall limit, alter, or otherwise
6 adversely impact any traditional Native Hawaiian customary practice related to pregnancy,
7 birth, or infancy pursuant to the Constitution of the State of Hawaii.
8 Section 11 -Fees.
9 (a) Each applicant shall pay a licensing fee upon application for an initial license or renewal of
10 a license. Fees collected pursuant to this section or by rule adopted under this section shall be
11 nonrefundable.
12 (b)Pursuant to section 26-9(1), the director may establish fees to restore a license,penalty fees,
13 and any other fees required for the administration of this chapter by rule.
14 (c)All fees collected pursuant to this chapter shall be deposited by the director to the credit of
15 the compliance resolution fund established pursuant to section 26-9(o).
16 (d)Fees assessed pursuant to this chapter shall be used to defray costs incurred by the
17 department in implementing this chapter.
18 (e) The director may assess fees as provided in this chapter and section 26-9 and,
19 notwithstanding any other law to the contrary, may change the amount of the fees required by
20 this section at any time without regard to chapter 91, if the director:
21 (1)Holds at least one public hearing to discuss and take testimony on the proposed fee change;
22 and
23 (2) Provides public notice at least thirty days prior to the date of the public hearing.
21
Page 22 .B. NO.
1 Section 12 -Issuance of License. The director may issue a license to any person who
•
2 meets all licensure requirements and pays the appropriate fees.
3 Section 13 -Renewals. Every license issued under this chapter shall be renewed
4 triennially on or before June 30th. Failure to renew a license shall result in a forfeiture of the
5 license. Licenses which have been so forfeited may be restored within one year of the
6 expiration date upon payment of renewal and penalty fees. Failure to restore a forfeited license
7 within one year of the date of its expiration shall result in the automatic termination of the
8 license. Relicensure after termination shall require the person to apply as a new applicant-and
9 again satisfy all licensing requirements in place at the time of the new application.
10 Section 14 -Reimbursement for licensed midwives. A health benefit plan or health
11 insurance reimbursement program shall provide coverage for services rendered by a licensed
12 midwife for services within the scope of practice of certified midwifery or certified professional
13 midwifery,respectively, regardless of the location where such services are provided.
14 Section 15 - Grounds for refusal to grant, renew, reinstate, or restore licenses and
15 for revocation, suspension, denial, or condition of licenses. In addition to any other acts or
16 conditions provided by law, the director may refuse to grant,renew, reinstate, or restore, or
17 may deny,revoke, suspend, or condition in any manner, any license for any one or more of the
18 following acts or conditions on the part of the licensee or the applicant thereof:
19 (1) Failing to meet or maintain the conditions and requirements necessary to qualify for the
20 granting of a license;
21 (2)Failing to notify the department in writing that the licensee's certification as a certified
22 midwife or as a certified professional midwife is no longer current or unencumbered within
23 thirty days of the change in status;
22
Page 23 .B. NO.
1 (3) Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable
2 statements;
3 (4) Being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine,
4 hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature;
5 (5) Practicing as a licensed midwife while impaired by alcohol, drugs, physical disability, or
6 mental instability;
7 (6)Procuring a license through fraud, misrepresentation, or deceit;
8 (7) Engaging in professional misconduct as defined by the program in accordance with its own
9 rules, incompetence, gross negligence, or manifest incapacity in the practice of midwifery;
10 (8)Failing to maintain a record or history of competency, trustworthiness, fair dealing, and
11 financial integrity;
12 (9)Engaging in conduct or practice contrary to recognized standards of ethics for the practice
13 of midwifery;
14 (10)Violating any condition or limitation upon which a conditional license was issued;
15 (11) Engaging in business under a past or present license issued pursuant to this chapter in a
16 manner of negligence which results in causing injury to one or more members of the public;
17 (12)Failing to comply, observe, or adhere to any law in a manner such that the director deems
18 the applicant or licensee to be an unfit or improper person to hold a license;
19 (13)Having a revocation, suspension, or other disciplinary action by a territory, or by another
20 state or federal agency against a licensee or applicant for any reason provided by the licensing
21 laws or this section;
22 (14)Having a criminal conviction, whether by nolo contendere or otherwise, of a penal crime
23 directly related to the qualifications, functions, or duties of a licensed midwife;
23
Page 24 .B. NO.
1 f 15)Failing to report in writing to the director any disciplinary decision issued against the
2 licensee or the applicant in another jurisdiction within thirty days of the disciplinary decision;
3 (16)Violating this chapter, any other applicable licensing laws, or any rule or order of the
4 director; or
5 f17)Using or removing without authorization controlled substances or drugs, including
6 diverting or attempting to divert drugs or controlled substances for unauthorized use.
7 Section 16 -Penalties. Any person who violates this chapter or rules adopted pursuant
8 thereto shall be subject to a fine of not more than$1,000 for each separate offense.
9 Section 17-Task Force. There is established a home birth task force under the
10 Department of Health.
11 (1) The task force shall consist of no more than fourteen members and shall include:
12 A. The director of commerce and consumer affairs, or the director's designee;
13 B. The director of health, or the director's designee;
14 C. A representative from the Hawaii section of the American College of Obstetricians and
15 Gynecologists or other Hawaii licensed physician;
16 D. A representative of the Department of Human Services Med-QUEST Division or a
17 designated representative of an insurance provider serving Med-QUEST;
18 E. A representative of Emergency Medical services (EMS);
19 F. A representative of the Hawai'i Hospital Association (HHA); and
20 G. Eight Members recommended by the Hawaii Home Birth Collective that represent the
21 following stakeholder groups: certified midwife; certified professional midwife; home birth
22 elder; traditional or cultural birth attendant; and a member of the public that has used home
23 birth services.
•
24
Page 25 .B. NO.
1 (2) The task force shall include representation from all counties. The task force may
2 recommend additional members with appropriate expertise,to be approved by the chairperson.
3 (3) The task force shall elect a chairperson from among the members of the task force.
4 (4) The task force shall discuss matters relating to home births and make recommendations to
5 improve coordination of care and information across the maternal health system. The
6 discussions shall include but not be limited to the following:
7 A. Education and training of birth practitioners;
8 B. Public health education and information regarding home birth practices;
9 C. Data and information regarding home birth and maternal and infant health;
10 D. Transport to medical care;
11 E. Proposed action to improve public health and safety.
12 (5) The members of the task force shall serve without compensation.No member of the task
13 force shall be made subject to section 84-17, Hawaii Revised Statutes, solely because of that
14 member's participation on the task force.
15 (6) The Department of Health shall provide administrative and clerical support required by the
16 task force.
17 '7) The home birth task force shall dissolve on June 30, 2026.
18
19
20
21 INTRODUCED BY:
25
. B . NO .
STATE OF HAWAII •
A BILL FOR AN ACT
RELATING TO CESSPOOLS .
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The legislature finds that the health of
2 Hawaii ' s people and quality of Hawaii ' s waters are being harmed
3 by pollution from cesspools . Hawaii has more than eighty
4 thousand cesspools that discharge about fifty million gallons of
5 wastewater into the State' s groundwater every day. Cesspools
6 are antiquated, substandard systems that damage public health;
7 pollute drinking water; and lower water quality in streams,
8 ground waters, nearshore marine areas, and the ocean. Cesspool
9 pollution also harms public recreation and the precious coral
10 reefs on which Hawaii ' s economy, shoreline, fisheries, and
11 native species depend.
12 The purpose of this Act is to implement various
13 recommendations of the working group established by Act 132,
14 Session Laws of Hawaii 2018, including:
Page 2 N O .
1 (1) Accelerating the dates for required upgrades,
2 conversions, or connections of:
3 (A) The 13, 821 priority level 1 cesspools in the
4 State to 2035, with certain exceptions; and
5 (B) The 12, 367 priority level 2 cesspools in the
6 State to 2040;
7 (2) Appropriating funds to provide financing assistance
8 via the cesspool compliance pilot grant project
9 established pursuant to Act 153, Session Laws of
10 Hawaii 2022; and
11 (3) Establishing a cesspool upgrade, conversion, or
12 connection income tax credit .
13 PART II
14 SECTION 2 . Chapter 342D, Hawaii Revised Statutes, is
15 amended by adding a new section to be appropriately designated
16 and to read as follows :
17 "§342D- Cesspools; mandatory upgrade, conversion, or
18 connection; priority level 1; priority level 2 . (a) Every
19 cesspool in the State categorized as priority level 1 according
20 to the University of Hawaii ' s Hawaii cesspool prioritization
21 tool shall be:
Page 3 r
, O .
1 (1) Upgraded or converted to a director-approved
2 wastewater system; or
3 (2) Connected to a sewerage system,
4 before January 1, 2035; provided that priority level 1
5 cesspools on recreational residence leases within the Kokee
6 state park and Waimea Canyon state park on the island of Kauai
7 shall be upgraded, converted, or connected before January 1,
8 2040 .
9 (b) Every cesspool in the State designated as priority
10 level 2 according to the University of Hawaii ' s Hawaii cesspool
11 prioritization tool shall be :
12 (1) Upgraded or converted to a director-approved
13 wastewater system; or
14 (2) Connected to a sewerage system,
15 before January 1, 2040 .
16 (c) The director may grant an exemption from the
17 requirements of subsections (a) and (b) to the property owner of
18 a cesspool who applies for an exemption and presents
19 documentation showing a legitimate reason that makes it
20 infeasible to upgrade, convert, or connect the cesspool . For
Page4
1 the purposes. of this subsection, a legitimate reason shall
2 include but not be limited to:
3 (1) Small lot size;
4 (2) Steep topography;
5 (3) Poor soils;
6 (4) Accessibility issues; or
7 (5) A planned development of sewerage upgrades to an area.
8 (d) The department may grant extensions of up to five
9 years at a time from the requirements of subsections (a) and (b)
10 based on demonstration of financial inability to pay for or
11 finance a cesspool upgrade, conversion, or connection; provided
12 that the department of health may adopt rules pursuant to
13 chapter 91 necessary to effectuate the purposes of this
14 subsection.
15 (e) Notwithstanding any law to the contrary, no penalty or
16 other assessment for any violation of this section shall
17 constitute a lien on the real property. Notwithstanding any law
18 to the contrary, no seizure of real property shall be authorized
19 for any violation of this section.
20 (f) As used in this section, "cesspool" has the same
21 meaning as in section 342D-72 . "
Page5 w ' c ■
1 SECTION 3 . Section 342D-72, Hawaii Revised Statutes, is
2 amended by amending subsection (a) to read as follows :
3 " (a) [Before] Except as otherwise provided in section
4 342D- , before January 1; 2050, every cesspool in the State,
5 excluding cesspools granted exemptions by the director of health
6 pursuant to subsection (b) , shall be:
7 (1) Upgraded or converted to a director-approved
8 wastewater system; or
9 (2) Connected to a sewerage system. "
10 PART I I I
11 SECTION 4 . There is appropriated out of the general
12 revenues of the State of Hawaii the sum of $ or so
13 much thereof as may be necessary for fiscal year 2025-2026 to
14 implement the cesspool compliance pilot grant project
15 established pursuant to Act 153, Session Laws of Hawaii 2022 .
16 The sum appropriated shall be expended by the department of
17 health for the purposes of this part.
18 SECTION 5 . In accordance with section 9 of article VII of
19 the Hawaii State Constitution and sections 37-91 and 37-93,
20 Hawaii Revised Statutes, the legislature has determined that the
21 appropriations contained in H.B. No. , will cause the state
Page6 N c
1 general fund expenditure ceiling for fiscal year 2025-2026 to be
2 exceeded by $ or per cent. In addition, the
3 appropriation contained in this Act will cause the general fund
4 expenditure ceiling for fiscal year 2025-2026 to be further
5 exceeded by $ or per cent . The combined total
6 amount of general fund appropriations contained in only these
7 two Acts will cause the state general fund expenditure ceiling
8 for fiscal year 2024-2025 to be exceeded by
9 $ or per cent . The reasons for exceeding the
10 general fund expenditure ceiling are that:
11 (1) The appropriation made in this Act is necessary to
12 serve the public interest; and
13 (2) The appropriation made in this Act meets the needs
14 addressed by this Act.
15 PART IV
16 SECTION 6 . Chapter 235, Hawaii Revised Statutes, is
17 amended by adding a new section to part I to be appropriately
18 designated and to read as follows :
19 "§235- Cesspool upgrade, conversion, or connection;
20 income tax credit. (a) There shall be allowed to each taxpayer
21 subject to the tax imposed under this chapter a cesspool
Page 7 N c
1 upgrade, conversion, or connection income tax credit that shall
2 be deductible from the taxpayer' s net income tax liability, if
3 any, imposed by this chapter for the taxable year in which the
4 credit is properly claimed.
5 (b) In the case of a partnership, S corporation, estate,
6 or trust, the tax credit allowable is for qualified expenses
7 incurred by the entity for the taxable year. The expenses upon
8 which the tax credit is computed shall be determined at the
9 entity level. Distribution and share of credit shall be
10 determined by rule.
11 (c) The cesspool upgrade, conversion, or connection income
12 tax credit shall be equal to the qualified expenses of the
13 taxpayer, up to a maximum of $10, 000; provided that, in the case
14 of a qualified cesspool that is a residential large capacity
15 cesspool, the amount of the credit shall be equal to the
16 qualified expenses of the taxpayer, up to a maximum of $10, 000
17 per residential dwelling connected to the cesspool, as certified
18 by the department of health pursuant to subsection (e) . There
19 shall be allowed a maximum of one cesspool upgrade, conversion,
20 or connection income tax credit per qualified cesspool . The
21 cesspool upgrade, conversion, or connection income tax credit
Page 8
1 shall be available only for the taxable year in which the
2 taxpayer' s qualified expenses are certified by the department of
3 health.
4 (d) The total amount of tax credits allowed under this
5 section shall not exceed $ for all taxpayers in any
6 taxable year; provided that any taxpayer who is not eligible to
7 claim the credit in a taxable year due to the $ cap
8 being reached for that taxable year shall be eligible to claim
9 the credit in the subsequent taxable year.
10 (e) The department of health shall :
11 (1) Certify all qualified cesspools for the purposes of
12 this section;
13 (2) Collect and maintain a record of all qualified
14 expenses certified by the department of health for the
15 taxable year; and
16 (3) Certify to each taxpayer the amount of credit the
17 taxpayer may claim; provided that if, in any year, the
18 annual amount of certified credits reaches
19 $ in the aggregate, the department of health
20 shall immediately discontinue certifying credits and
21 notify the department of taxation.
Page9 NO
.
1 The director of health may adopt rules under chapter 91 as
2 necessary to implement the certification requirements under this
3 section.
4 (f) The director of taxation:
5 (1) Shall prepare any forms that may be necessary to claim
6 a tax credit under this section;
7 (2) May require the taxpayer to furnish reasonable
8 information to ascertain the validity of the claim for
9 the tax credit made under this section; and
10 (3) May adopt rules under chapter 91 necessary to
11 effectuate the purposes of this section.
12 (g) If the tax credit under this section exceeds the
13 taxpayer' s income tax liability, the excess of the credit over
14 liability may be used as a credit against the taxpayer' s income
15 tax liability in subsequent years until exhausted. All claims
16 for the tax credit under this section, including amended claims,
17 shall be filed on or before the end of the twelfth month
18 following the close of the taxable year for which the credit may
19 be claimed. Failure to comply with. the foregoing provision
20 shall constitute a waiver of the right to claim the credit.
21 (h) As used in this section:
Page 10 NO
.
1 "Cesspool" has the same meaning as in section 342D-72 .
2 "Qualified cesspool" means a cesspool that is :
3 (1) Certified by the department of health to be:
4 (A) Located within a priority level 1 or 2 area
5 according to the University of Hawaii ' s 2022
6 . Hawaii cesspool hazard assessment and
7 prioritization tool; or
8 (B) A residential large capacity cesspool; or
9 (2) Certified by a county or private sewer company to be
10 appropriate for connection to its existing sewerage
11 system.
12 "Qualified expenses" means costs that are necessary and
13 directly incurred by the taxpayer for upgrading or converting a
14 qualified cesspool to a director of health-approved wastewater
15 system, or connecting a qualified cesspool to a sewerage system,
16 and that are certified as such by the department of health.
17 "Residential large capacity cesspool" means a cesspool that
18 is connected to more than one residential dwelling.
19 "Sewerage system" has the same meaning as in
20 section 342D-1 .
21 "Wastewater" has the same meaning as in section 342D-1 . "
Page 11 NO
1 SECTION 7 . Section 23-92, Hawaii Revised Statutes, is
2 amended by amending subsection (c) to read as follows :
3 " (c) This section shall apply to the following:
4 (1) Sections 235-12 . 5 and 241-4 . 6--Credit for renewable
5 energy technology system installed and placed in
6 service in the State . For the purpose of section 23-
7 91 (b) (5) , this credit shall be deemed to have been
8 enacted for an economic benefit; [and]
9 (2) Section 235-17--Credit for qualified production costs
10 incurred for a qualified motion picture, digital
11 media, or film production [ .—] ; and
12 (3). Section 235- --Credit for cesspool upgrade,
13 conversion, or connection. "
14 SECTION 8 . Section 23-94, Hawaii Revised Statutes, is
15 amended by amending subsection (c) to read as follows :
16 " (c) This section shall apply to the following:
17 (1) Section 235-4 . 5 (a) --Exclusion of intangible income
18 earned by a trust sited in this State;
19 (2) Section 235-4 . 5 (b) --Exclusion of intangible income of
20 a foreign corporation owned by a trust sited in this
21 State;
Page 12 NO
.
1 (3) Section 235-4 . 5 (c) --Credit to a resident beneficiary
2 of a trust for income taxes paid by the trust to
3 another state;
4 (4) Sections 235-55 and 235-129--Credit for income taxes
5 paid by a resident taxpayer to another jurisdiction;
6 (5) Section 235-71 (c) --Credit for a regulated investment
7 company shareholder for the capital gains tax paid by
8 the company;
9 (6) Section 235-110 . E--Credit for fuel taxes paid by a
10 commercial fisher;
11 (7) Section 235-110 . 93--Credit for important agricultural
12 land qualified .agricultural cost;
13 [-(-8)- Section 235 110 . 94 Crcdit for organically produccd
14 agricultural products;
15 -(-9-)-] (8) Section 235-129 (b) --Credit to a shareholder of an
16 S corporation for the shareholder' s pro rata share of
17 the tax credit earned by the S corporation in this
18 State; and
19 [ (10) ] (9) Section 209E-10--Credit for a qualified business
20 in an enterprise zone; provided that the review of
Page 13 NJ
.
1 this credit pursuant to this part shall be limited in
2 scope to income tax credits . "
3 SECTION 9. Section 23-95, Hawaii Revised Statutes, is
4 amended by amending subsection (c) to read as follows :
5 " (c) This section shall apply to the following:
6 (1) Section 235-5 . 5--Deduction for individual housing
7 account deposit;
8 (2) Section 235-7 (f) --Deduction of property loss due to a
9 natural disaster;
10 [ (3) Section 235 16. 5 Credit for ccsspool upgradc,
11 convcrsion, or conncction;
12 ('1) ] (3) Section 235-19--Deduction for maintenance of an
13 exceptional tree;
14 [ (5) ] (4) Section 235-55 . 91--Credit for the employment of a
15 vocational rehabilitation referral;
16 [46}] (5) Section 235-110 . 2--Credit for in-kind services
17 contribution for public school repair and maintenance;
18 and
19 [ (7) ] (6) Sections 235-110 . 8 and 241-4 . 7--Credit for
20 ownership of a qualified low-income housing building. "
21 PART V
NO .
1 SECTION 10 . Statutory material to be repealed is bracketed
2 and stricken. New statutory material is underscored.
3 SECTION 11 . This Act shall take effect upon its approval;
4 provided that:
5 (1) Section 4 shall take effect on July 1, 2025; and
6 (2) Part IV shall apply to taxable years beginning after
7 December 31, 2024 .
8
INTRODUCED BY:
REVISED:
1ST DRAFT DATE:
. B . NO .
A BILL FOR AN ACT
RELATING TO GENERAL EXCISE TAX.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . The Legislature hereby finds the need to extend
2 the county surcharge on state general excise and use taxes,
3 which was enacted by Act 247, Session Laws of Hawaii 2005
4 (Surcharge) .
5
6 SECTION 2 . Section 46-16 . 8, Hawaii Revised Statutes, is
7 amended to read as follows :
8 "§46-16.8 County surcharge on state tax. (a) Each county
9 may establish a surcharge on state tax at the rates enumerated
10 in sections 237-8 . 6 and 238-2 . 6 . A county electing to establish
11 this surcharge shall do so by ordinance; provided that:
12 (1) No ordinance shall be adopted until the county
13 has conducted a public hearing on the proposed ordinance;
14 (2) The ordinance shall be adopted before December
15 31, 2005; and
16 (3) No county surcharge on state tax that may be
17 authorized under this subsection shall be levied before January
XXX-00
Page 3
. B . NO .
39 A county electing to exercise the authority granted
40 under this subsection shall notify the director of taxation
41 within ten days after the county has adopted an ordinance
42 extending the surcharge on state tax. The director of taxation
43 shall levy, assess, collect, and otherwise administer the
44 extended surcharge on state tax.
45 (c) Each county that has not established a surcharge
46 pursuant to subsection (a) on state tax before July 1, 2015, may
47 establish the surcharge at the rates enumerated in sections 237-
48 8 . 6 and 238-2 . 6 . A county electing to establish this surcharge
49 shall do so by ordinance; provided that:
50 (1) No ordinance shall be adopted until the county
51 has conducted a public hearing on the proposed ordinance;
52 (2) The ordinance shall be adopted before December
53 31, 2023; and
54 (3) No county surcharge on state tax that may be
55 authorized under this subsection shall be levied before January
56 1, 2019, or after December 31, [2030] 2045 .
57 A county electing to exercise the authority granted
58 under this subsection shall notify the director of taxation
59 within ten days after the county has adopted a surcharge on
60 state tax ordinance . Beginning on January 1, 2019, January 1,
XXX-00
Page 4
. B . NO .
61 2020, January 1, 2024, or January 1, 2025, as applicable
62 pursuant to sections 237-8 . 6 and 238-2 . 6, the director of
63 taxation shall levy, assess, collect, and otherwise administer
64 the county surcharge on state tax.
65 (d) Each county that has established a surcharge on
66 state tax before March 31, 2019, under subsection (a) or (c) may
67 amend the surcharge ordinance to change the authorized uses of
68 surcharge revenues, pursuant to subsection (g) ; provided that:
69 (1) No ordinance shall be amended pursuant to this
70 section until the county has conducted a public hearing on the
71 proposed amendment; and
72 (2) The ordinance shall be amended before December
73 31, 2023 .
74 (e) Notice of the public hearing required under
75 subsection (b) , (c) , or (d) , before adoption or amendment of an
76 ordinance establishing or extending the surcharge on state tax
77 shall be published in a newspaper of general circulation within
78 the county at least twice within a period of thirty days
79 immediately preceding the date of the hearing.
80 (f) Each county with a population greater than five
81 hundred thousand that adopts or extends a county surcharge on
82 state tax ordinance pursuant to subsection (a) or (b) shall use
XXX-00
Page 5
. B . NO .
83 the surcharge revenues received from the State for capital costs
84 of a locally preferred alternative for a mass transit project;
85 provided that revenues derived from the county surcharge on
86 state tax shall not be used:
87 (1) To build or repair public roads or highways,
88 bicycle paths, or support public transportation systems already
89 in existence before July 12, 2005;
90 (2) For operating costs or maintenance costs of the
91 mass transit project or any purpose not consistent with this
92 subsection; or
93 (3) For administrative or operating, marketing, or
94 maintenance costs, including personnel costs, of a rapid
95 transportation authority charged with the responsibility for
96 constructing, operating, or maintaining the mass transit
97 project; provided further that nothing in this section shall be
98 construed to prohibit a county from using county funds that are
99 not derived from a surcharge on state tax for a purpose
100 described in paragraph (2) or (3) .
101 (g) Each county having a population equal to or less
102 than five hundred thousand that adopts a county surcharge on
103 state tax ordinance pursuant to this section shall use the
104 surcharges received from the State for:
XXX-00
Page 6
. B . NO .
105 (1) Operating or capital costs of public
106 transportation within each county for public transportation
107 systems, including:
108 (A) Public roadways or highways;
109 (B) Public buses;
110 (C) Trains;
111 (D) Ferries;
112 (E) Pedestrian paths or sidewalks; or
113 (F) Bicycle paths;
114 (2) Expenses in complying with the Americans with
115 Disabilities Act of 1990 with respect to paragraph (1) ; and
116 (3) Housing infrastructure; provided that a county
117 that uses surcharge revenues for housing infrastructure shall
118 not pass on those housing infrastructure costs to the developer
119 of a housing project; provided further that this paragraph shall
120 apply only if a county amended its surcharge ordinance pursuant
121 to subsection (d) or adopts a county surcharge on state tax
122 ordinance after December 31, 2022; provided that each county
123 having a population equal to or less than five hundred thousand
124 that adopts a county surcharge on state tax ordinance pursuant
125 to this section after December 31, 2022,- shall use the surcharge
xXX-00
Page 7
. B . NO .
126 revenues received from the State only for the purposes described
127 in paragraph (3) .
128 (h) As used in this section:
129 "Capital costs" means nonrecurring costs required to
130 construct a transit facility or system, including debt service,
131 costs of land acquisition and development, acquiring of rights-
132 of-way, planning, design, and construction, and including
133 equipping and furnishing the facility or system. For a county
134 with a population greater than five hundred thousand, capital
135 costs also include non-recurring personal services and other
136 overhead costs that are not intended to continue after
137 completion of construction' of the minimum operable segment of
138 the locally preferred alternative for a mass transit project.
139 "Housing infrastructure" includes pedestrian paths or
140 sidewalks on a county road near or around a public school, and
141 water, drainage, sewer, water reuse, waste disposal, and waste
142 treatment systems that connect to the infrastructure of the
143 county. "
144 SECTION 3 . Section 237-8 . 6, Hawaii Revised Statutes, is
145 amended to read as follows :
146 §237-8 . 6 County surcharge on state tax;
147 administration. (a) The county surcharge on state tax, upon the
XXX-00
Page 8
. B . NO .
148 adoption of county ordinances and in accordance with the
149 requirements of section 46-16 . 8, shall be levied, assessed, and
150 collected as provided in this section on all gross proceeds and
151 gross income taxable under this chapter. No county shall set
152 the surcharge on state tax at a rate greater than one-half per
153 cent of all gross proceeds and gross income taxable under this
154 chapter. All provisions of this chapter shall apply to the
155 county surcharge on state tax. With respect to the surcharge,
156 the director of taxation shall have all the rights and powers
157 provided under this chapter. In addition, the director of
158 taxation shall have the exclusive rights and power to determine
159 the county or counties in which a person is engaged in business
160 and, in the case of a person engaged in business in more than
161 one county, the director shall determine, through apportionment
162 or other means, that portion of the surcharge on state tax
163 • attributable to business conducted in each county.
164 (b) Each county surcharge 'on state tax that may be
165 adopted, extended, or amended pursuant to section 46-16 . 8 shall
166 be levied beginning in a taxable year after the adoption of the
167 relevant county ordinance; provided that no surcharge on state
168 tax may be levied:
169 (1) Before :
XXX-00
Page 9
. B . NO .
170 (A) January 1, 2007, if the county surcharge on
171 state tax was established by an ordinance adopted before
172 December 31, 2005;
173 (B) January 1, 2019, if the county surcharge on
• 174 state tax was established by the adoption of an ordinance after
175 June 30, 2015, but before June 30, 2018;
176 (C) January 1, 2020, if the county surcharge on
177 state tax was established by the adoption of an ordinance on or
178 after June 30, 2018, but before March 31, 2019;
179 (D) January 1, 2024, if the county surcharge on
180 state tax was established by the adoption of an ordinance on or
181 after March 31, 2019, but before August 1, 2023; or
182 (E) January 1, 2025, if the county surcharge on
183 state tax was established by the adoption of an ordinance on or
184 after August 1, 2023, but before December 31, 2023; and
185 (2) After December 31, [2030] 2045 .
186 (c) The county surcharge on state tax, if adopted,
187 shall be imposed on the gross proceeds or gross income of all
188 written contracts that require the passing on of the taxes
189 imposed under this chapter; provided that if the gross proceeds
190 or gross income are received as payments beginning in the
191 taxable year in which the taxes become effective, on contracts
XXX-00
Page 10
. B . NO .
192 entered into before June 30 of the year prior to the taxable
193 year in which the taxes become effective, and the written
194 contracts do not provide for the passing on of increased rates
195 of taxes, the county surcharge on state tax shall not be imposed
196 on the gross proceeds or gross income covered under the written
197 contracts . The county surcharge on state tax shall be imposed
198 on the gross proceeds or gross income from all contracts entered
199 into on or after June 30 of the year prior to the taxable year
200 in which the taxes become effective, regardless of whether the
201 contract allows for the passing on of any tax or any tax
202 increases ..
203 (d) No county surcharge on state tax shall be
204 established on any:
205 (1) Gross income or gross proceeds taxable under this
206 , chapter at the one-half per cent tax rate;
207 (2) Gross income or gross proceeds taxable under this
208 chapter at the 0 . 15 per cent tax rate; or
209 (3) Transactions, amounts, persons, gross income, or
210 gross proceeds exempt from tax under this chapter.
211 (e) The director of taxation shall revise the general
212 excise tax forms to provide for the clear and separate
XXX-00
Page 11
•
. B . NO .
213 designation of the imposition and payment of the county
214 surcharge on state tax.
215 (f) The taxpayer shall designate the taxation
216 district to which the county surcharge on state tax is assigned
217 in accordance with rules adopted by the director of taxation
218 under chapter 91 . The taxpayer shall file a schedule with the
219 taxpayer' s periodic and annual general excise tax returns
220 summarizing the amount of taxes assigned to each taxation
221 district.
222 (g) The penalties provided by section 231-39 for
223 failure to file a tax return shall be imposed on the amount of
224 surcharge due on the return being filed for the failure to file
225 the schedule required to accompany the return. In addition,
226 there shall be added to the tax an amount equal to ten per cent
227 of the amount of the surcharge and tax due on the return being
228 filed for the failure- to file the schedule or the failure to
229 correctly report the assignment of the general excise tax by
230 taxation district on the schedule required under this
231 subsection.
232 (h) All taxpayers who file on a fiscal year basis
233 whose fiscal year ends after December 31 of the year prior to
234 the taxable year in which the taxes become effective, shall file
XXX-00
Page 12
. B . NO .
235 a short period annual return for the period preceding January 1
236 of the taxable year in which the taxes become effective . Each
237 fiscal year taxpayer shall also file a short period annual
238 return for the period starting on January 1 of the taxable year
239 in which the taxes become effective, and ending before January 1
240 of the following year.
241 SECTION 4 . Statutory material to be repealed is bracketed
242 and stricken. New statutory material is underscored.
• 243 SECTION 5 . This Act shall take effect upon its approval .
244
245
246 INTRODUCED BY:
247 BY REQUEST
248
xxx-00
Page 13
. B . NO .
Report Title:
[Click here and type Report Title (1 line limit) ]
Description:
[Click here and type Description (5 line limit) ]
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00
REVISED:
•1ST DRAFT DATE:
. B . NO .
A BILL FOR AN ACT
RELATING TO AGRICULTURAL TOURISM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1 SECTION 1 . Chapter 205, Hawaii Revised Statutes, is
2 amended by adding a new section to part I to be appropriately
3 designated and to read as follows :
4 "§205- Agricultural tourism. (a) Agricultural tourism
5 may be conducted on a farming operation, as defined in section
6 165-2, for the enjoyment, education, or involvement of visitors .
7 (b) Agricultural tourism activities :
8 (1) Shall be accessory and secondary to the principal
9 agricultural use;
10 (2) Shall coexist with a bona fide agricultural
11 activity; and
12 (3) Shall not interfere with surrounding farm
13 operations .
14 (c) Agricultural tourism activities may include overnight
15 accommodations of one hundred and eighty days or less, for any
16 one stay within a county; provided that this paragraph shall
17 apply only to a county that has adopted ordinances regulating
18 agricultural tourism activities pursuant to section 205-5;
XXX-00
Page 2
. B . NO .
19 provided further that the agricultural tourism activities
20 coexist with a bona fide agricultural activity. For the purposes
21 of this paragraph, "bona fide agricultural activity" means a
22 farming operation as defined in section 165-2 .The county •
23 ordinance shall include:
24 (1) Requirements for access to a farm, including road
25 width, road surface, and parking;
26 (2) Requirements and restrictions for accessory
27 facilities connected with the farming operation, such as gift
28 shops and restaurants;
29 (3) Activities for visitors that may be offered by
30 the farming operation;
31 (4) Days and hours of operation; and
32 (5) Automatic termination of authorization for
33 agricultural tourism activities at a farming operation upon the
34 cessation of the bona fide agricultural activity there.
35 (d) Each county may require completion of an environmental
36 assessment under chapter 343 before authorizing any agricultural
37 tourism activity at a farming operation.
38 SECTION 2 . Section 205-2, Hawaii Revised Statutes, is
39 amended by amending subsection (d) to read as follows :
40 " (d) Agricultural districts shall include:
XXX-00
Page 3
. B . NO .
41 (1) Activities or uses as characterized by the cultivation
42 of crops, crops for bioenergy, orchards, forage, and forestry;
43 (2) Farming activities or uses related to animal husbandry
44 and game and fish propagation;
45 (3) Aquaculture, which means the production of aquatic
46 plant and animal life within ponds and other bodies of water;
47 (4) Wind-generated energy production for public, private,
48 and commercial use;
49 (5) Biofuel production, as described in section
50 205-4 . 5 (a) (16) , for public, private, and commercial use;
51 (6) Solar energy facilities; provided that:
52 (A) This paragraph shall apply only to land with soil
53 classified by the land study bureau' s detailed land
54 classification as overall (master) productivity rating class B,
55 C, D, or E; and
56 (B) Solar energy facilities placed within land with
57 soil classified as overall productivity rating class B or C
58 shall not occupy more than ten per cent of the acreage of the
59 parcel, or twenty acres of land, whichever is lesser, unless a'
60 special use permit is granted pursuant to section 205-6;
61 (7) Bona fide agricultural services and uses that support
62 the agricultural activities of the fee or leasehold owner of the
XXX-00
Page 4
. B . NO .
63 property and accessory to any of the above activities,
64 regardless of whether conducted on the same premises as the
65 agricultural activities to which they are accessory, including
66 farm dwellings as defined in section 205-4 . 5 (a) (4) , employee
67 housing, farm buildings, mills, storage facilities, processing .
68 facilities, photovoltaic, biogas, and other small-scale renewable
69 energy systems producing energy solely for use in the
70 agricultural activities of the fee or leasehold owner of the
71 property, agricultural-energy facilities as defined in section
72 205-4 . 5 (a) (17) , vehicle and equipment storage areas, and
73 plantation community subdivisions as defined in section 205-
74 4 . 5 (a) (12) ;
75 (8) Wind machines and wind farms;
76 (9) Small-scale meteorological, air quality, noise, and
77 other scientific and environmental data collection and
78 monitoring facilities occupying less than one-half acre of land;
79 provided that these facilities shall not be used as or equipped
80 for use as living quarters or dwellings;
81 (10) Agricultural parks;
82 (11) Agricultural tourism [conducted on a working farm, or
83 u farming operation as defined in section 165 2, for the
84 enjoyment, education, or involvement of visitors; provided that
XXX-00
Page 5
. B . NO .
85 thc agricultural tourism activity is accessory and sccondary to
86 thc principal agricultural use and does not interfere with
87 surrounding farm operations; and providcd further that this
88 paragraph shall apply only to a county that has adoptcd
89 ordinances regulating agricultural tourism under section 205 5; ]
90 pursuant to section 205- ;
91 (12) Agricultural tourism activities [, including ovcrnight
92 accommodations of twcnty one- days or lcss, for any one stay
93 within a county; provided that this paragraph shall apply only
94 to a county that includes at least three islands and has adopted
95 ordinances regulating .agricultural tourism activities pursuant
96 to section 205 5; provided further that the agricultural tourism
97 activities coexist with a bona fide agricultural activity. For
98 the purposes of this paragraph, "bona fide agricultural
99 activity" m ens a farming operation as defined in section 165
100 2; ] pursuant to section 205-
101 (13) Open area recreational facilities;
102 (14) Geothermal resources exploration and geothermal
103 resources development, as defined under section 182-1;
104 (15) Agricultural-based commercial operations registered in
105 Hawaii, including:
XXX-00
Page 6
. B . NO .
106 (A) A roadside stand that is not an enclosed
107 structure, owned and operated by a producer for the display and
108 sale of agricultural products grown in Hawaii and value-added
109 products that were produced using agricultural products grown in
110 Hawaii;
111 (B) Retail activities in an enclosed structure owned
112 and operated by a producer for the display and sale of
113 agricultural products grown in Hawaii, value-added products that
114 were produced using agricultural products grown in Hawaii, logo
115 items related to the producer' s agricultural operations, and
116 other food items;
117 (C) A retail food establishment owned and operated by
118 a producer and permitted under chapter 11-50, Hawaii
119 administrative rules, that prepares and serves food at retail
120 using products grown in Hawaii and value-added products that
121 were produced using agricultural products grown in Hawaii;
122 (D) A farmers ' market, which is an outdoor market
123 limited to producers selling agricultural products grown in
124 Hawaii and value-added products that were produced using
125 agricultural products grown in Hawaii; and
126 (E) A food hub, which is a facility that may contain
127 a commercial kitchen and provides for the storage, processing,
• XXX-00
Page 7
. B . NO .
128 distribution, and sale of agricultural products grown in Hawaii
129 and value-added products that were produced using agricultural •
130 products grown in Hawaii.
131 The owner of an agricultural-based commercial
132 operation shall certify, upon request of an officer or agent
133 charged with enforcement of this chapter under section 205-12,
134 that the agricultural products displayed or sold by the
135 operation meet the requirements of this paragraph;
136 (16) Hydroelectric facilities as described in section
137 205-4 . 5 (a) (23) ; and
138 (17) Composting and co-composting operations; provided that
139 operations that process their own green waste and do not require
140 permits from the department of health shall use the finished
141 composting product only on the operation' s own premises to
142 minimize the potential spread of invasive species .
143 Agricultural districts shall not include golf courses and golf
144 driving ranges, except as provided in section 205-4 . 5 (d) .
145 Agricultural districts include areas that are not used for, or
146 that are not suited to, agricultural and ancillary activities by
147 reason of topography, soils, and other related characteristics . "
148 SECTION 3 . Section 205-4 . 5, Hawaii Revised Statutes, is
149 amended by amending subsection (a) to read as follows :
XXX-00
Page 8
. B . NO .
150 " (a) Within the agricultural district, all lands with soil
151 classified by the land study bureau' s detailed land
152 classification as overall (master) productivity rating class A
153 or B and for solar energy facilities, class B or C, shall be
154 restricted to the following permitted uses :
155 (1) Cultivation of crops, including crops for bioenergy,
156 flowers, vegetables, foliage, fruits, forage, and timber;
157 (2) Game and fish propagation;
158 (3) Raising of livestock, including poultry, bees, fish,
159 or other animal or aquatic life that are propagated for economic
160 or personal use;
161 (4) Farm dwellings, employee housing, farm buildings, or
162 activities or uses related to farming and animal husbandry.
163 "Farm dwelling", as used in this paragraph, means a single-
164 family dwelling located on and accessory to a farm, including
165 clusters of single-family farm dwellings permitted within
166 agricultural parks developed by the State, or where agricultural
167 activity provides income to the family occupying the dwelling;
168 (5) Public institutions and buildings that are necessary
169 for agricultural practices;
170 (6) Public and private open area types of recreational
171 uses, including day camps, picnic grounds, parks, and riding
XXX-00
Page 9
. B . NO .
172 stables, but not including dragstrips, airports, drive-in
173 theaters, golf courses, golf driving ranges, country clubs, and
174 overnight camps; •
175 (7) Public, private, and quasi-public utility lines and
176 roadways, transformer stations, communications equipment
177 buildings, solid waste transfer stations, major water storage
178 tanks, and appurtenant small buildings such as booster pumping
179 stations, but not including offices or yards for equipment,
180 material, vehicle storage, repair or maintenance, treatment
181 plants, corporation yards, or other similar structures;
182 (8) Retention,' restoration, rehabilitation, or improvement
183 of buildings or sites of historic or scenic interest;
184 (9) Agricultural-based commercial operations as described
185 in section 205-2 (d) (15) ;
186 (10) Buildings and uses, including mills, storage, and
187 processing facilities, maintenance facilities, photovoltaic,
188 biogas, and other small-scale renewable energy systems producing
189 energy solely for use in the agricultural activities of the fee
190 or leasehold owner of the property, and vehicle and equipment
191 storage areas that are normally considered directly accessory to
192 the above-mentioned uses and are permitted under section 205-
193 2 (d) ;
xxx-00
Page 10
. B . NO .
194 (11) Agricultural parks;
195 (12) Plantation community subdivisions, which as used in
196 this chapter means an established subdivision or cluster of
197 employee housing, community buildings, and agricultural support
198 buildings on land currently or formerly owned, leased, or
199 operated by a sugar or pineapple plantation; provided that the
200 existing structures may be used or rehabilitated for use, and
201 new employee housing and agricultural support buildings may be
202 allowed on land within the subdivision as follows :
203 (A) The employee housing is occupied by employees or
204 former employees of the plantation who have a property interest
205 in the land;
206 (B) The employee housing units not owned by their
207 occupants shall be rented or leased at affordable rates for
208 agricultural workers; or
209 (C) The agricultural support buildings shall be
210 rented or leased to agricultural business operators or
211 agricultural support services;
212 (13) Agricultural tourism [conducted on a working farm, or
213 a farming operation as defined in section 165 2, for the
214 enjoyment, education, or involvement of visitors; provided that
215 the agricultural tourism activity is accessory and secondary to
XXX-00
Page 11
. B . NO .
216 the principal agricultural use and does not interfere with
217 surrounding farm operations; and provided further that this
218 paragraph shall apply only to a county that has adopted
219 ordinances rcgulating agricultural tourism under section 205 5; ]
220 pursuant to section 205- ;
221 (14) Agricultural tourism activities [, including ovcrnight
222 accommodations of twcnty one days or less, for any one stay
223 within a county; provided that this paragraph shall apply only
224 to a -county that includes at 1 ust three islands and has adopted
225 ordinances regulating agricultural tourism activities pursuant
226 o section 29 -5 r-gi rded—fir=} er th t t ;ricult :r-�� e n�
227 activities coexist with a bona fide agricultural activity. For
228 the purposes of this paragraph, "bona fide agricultural
229 activity" means a farming operation as defined in section 165
230 ] pursuant to section 205- ;
231 (15) Wind energy facilities, including the appurtenances
232 associated with the production and transmission of wind
233 generated energy; provided that the wind energy facilities and
234 appurtenances are compatible with agriculture uses and cause
235 minimal adverse impact on agricultural land;
236 (16) Biofuel processing facilities, including the
237 appurtenances associated with the production and refining of
XXX-00
Page 12
. B . NO .
238 biofuels that is normally considered directly accessory and
239 secondary to the growing of the energy feedstock; provided that
240 biofuel processing facilities and appurtenances do not adversely
241 impact agricultural land and other agricultural uses in the
242 vicinity.
243 For the purposes of this paragraph:
244 "Appurtenances" means operational infrastructure
245 of the appropriate type and scale for economic commercial
246 storage and distribution, and other similar handling of
247 feedstock, fuels, and other products of biofuel processing
248 facilities .
249 "Biofuel processing facility" means a facility
250 that produces liquid or gaseous fuels from organic sources such
251 as biomass crops, agricultural residues, and oil crops,
252 including palm, canola, soybean, and waste cooking oils; grease;
253 food wastes; and animal residues and wastes that can be used to
254 generate energy;
255 (17) Agricultural-energy facilities, including
256 appurtenances necessary for an agricultural-energy enterprise;
257 provided that the primary activity of the agricultural-energy
258 enterprise is agricultural activity. To be considered the
259 primary activity of an agricultural-energy enterprise, the total
•
XXX-00
Page 13
. B . NO .
260 acreage devoted to, agricultural activity shall be not less than
261 ninety per cent of the total acreage of the agricultural-energy
262 enterprise. The agricultural-energy facility shall be limited to
263 lands owned, leased, licensed, or operated by the entity
264 conducting the agricultural activity.
265 As used in this paragraph:
266 "Agricultural activity" means any activity
267 described in paragraphs (1) to (3) of this subsection.
268 "Agricultural-energy enterprise" means an
269 enterprise that integrally incorporates an agricultural activity
270 with an agricultural-energy facility.
271 "Agricultural-energy facility" means a facility
272 that generates, stores, or distributes renewable energy as
273 defined in section 269-91 or renewable fuel including electrical
274 or thermal energy or liquid or gaseous fuels from products of
275 agricultural activities from agricultural lands located in the
276 State .
277 "Appurtenances" means operational infrastructure
278 of the appropriate type and scale for the economic commercial
279 generation, storage, distribution, and other similar handling of
280 energy, including equipment, feedstock, fuels, and other
281 products of agricultural-energy facilities;
XXX-00
Page 14
. B . NO .
282 (18) Construction and operation of wireless communication
283 antennas, including small wireless facilities; provided that,
284 for the purposes of this paragraph, "wireless communication
285 antenna" means communications equipment that is either •
286 freestanding or placed upon or attached to an already existing
287 structure and that transmits and receives electromagnetic radio
288 signals used in the provision of all types of wireless
289 communications services; provided further that "small wireless
290 facilities" shall have the same meaning as in section 206N-2;
291 provided further that nothing in this paragraph shall be
292 construed to permit the construction of any new structure that
293 is not deemed a permitted use under this subsection;
294 (19) Agricultural education programs conducted on a farming
295 operation as defined in section 165-2, for the education and
296 participation of the general public; provided that the
297 agricultural education programs are accessory and secondary to
298 the principal agricultural use of the parcels or lots on which
299 the agricultural education programs are to occur and do not
300 interfere with surrounding farm operations . For the purposes of
301 this paragraph, "agricultural education programs" means
302 activities or events designed to promote knowledge and
XXX-00
Page 15
. B . NO .
303 understanding of agricultural activities and practices conducted
304 on a farming operation as defined in section 165-2;
305 (20) Solar energy facilities that do not occupy more than
306 ten per cent of the acreage of the parcel, or twenty acres of
307 land, whichever is lesser or for which a special use permit is
308 granted pursuant to section 205-6; provided that this use shall
309 not be permitted on lands with soil classified by the land study
310 bureau' s detailed land classification as overall (master)
311 productivity rating class A;
312 (21) Solar energy facilities on lands with soil classified
313 by the land study bureau' s detailed land classification as
314 overall (master) productivity rating B or C for which a special
315 use permit is granted pursuant to section 205-6; provided that :
316 (A) The area occupied by the solar energy facilities
317 is also made available for compatible agricultural activities at
318 a lease rate that is at least fifty per cent below the fair
319 market rent for comparable properties;
320 (B) Proof of financial security to decommission the
321 facility is provided to the satisfaction of the appropriate
322 county planning commission prior to date of commencement of
323 commercial generation; and
XXX-00
Page 16
. B . NO .
324 (C) Solar energy facilities shall be decommissioned
325 at the owner' s expense according to the following requirements :
326 (i) Removal of all equipment related to the
327 solar energy facility within twelve months of the conclusion of
328 operation or useful life; and
329 (ii) Restoration of the disturbed earth to
330 substantially the same physical condition as existed prior to
331 the development of the solar energy facility.
332 For the purposes of this paragraph, "agricultural
333 activities" means the activities described in paragraphs (1) to
334 (3) ;
335 (22) Geothermal resources exploration and geothermal
336 resources development, as defined under section 182-1;
337 ' (23) Hydroelectric facilities, including the appurtenances .
338 associated with the production and transmission of hydroelectric
339 energy, subject to section 205-2; provided that the
340 hydroelectric facilities and their appurtenances :
341 (A) Shall consist of a small hydropower facility as
342 defined by the United States Department of Energy, including:
343 (i) Impoundment facilities using a dam to store
344 water in a reservoir;
XXX-00
Page 17
. B . NO . _
345 (ii) A diversion or run-of-river facility that
346 channels a portion of a river through a canal or channel; and
347 (iii) Pumped storage facilities that store energy
348 by pumping water uphill to a reservoir at higher elevation from
349 a reservoir at a lower elevation to be released to turn a
350 turbine to generate electricity;
351 (B) Comply with the state water code, chapter 174C;
352 (C) Shall, if over five hundred kilowatts in
353 hydroelectric generating capacity, have the approval of the
354 commission on water resource management, including a new
355 instream flow standard established for any new hydroelectric
356 facility; and
357 (D) Do not impact or impede the use of agricultural
358 land or the availability of surface or ground water for all uses
359 on all parcels that are served by the ground water sources or
360 streams for which hydroelectric facilities are considered; or
361 (24) Notwithstanding any other law to the contrary,
362 composting and co-composting operations; provided that
363 operations that process their own green waste and do not require
364 permits from the department of health shall use the finished
365 composting product only on the operation' s own premises to
366 minimize the potential spread of invasive species . "
XXX-00
Page 18
. B . NO .
367 SECTION 4 . Statutory material to be repealed is bracketed
368 and stricken. New statutory material is underscored.
369 SECTION 5 . This Act shall take effect upon its approval .
370
371 INTRODUCED BY:
372 BY REQUEST •
373
xxx-00
Page 19
. B . NO .
Report Title:
[Click here and type Report Title (1 line limit) ]
Description: _
[Click here and type Description (5 line limit) ]
•
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
XXX-00