SB2779

SECTION 1. Chapter 149A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . COCONUT TREES

§149A-A Legislative findings and purpose. The legislature finds that the coconut tree, known in the Hawaiian language as niu, has historically served as a critical source of food, potable water, medicine, and materials, and remains essential to the health, culture, and lifestyle of the people of Hawaii.

The legislature further finds that the coconut rhinoceros beetle poses as serious threat to coconut tree populations statewide and that certain pest management practices may inadvertently reduce the availability of coconuts that are safe for human consumption and limit the long-term regeneration of coconut trees.

The purpose of this part is to protect, preserve, and grow coconut trees in the State by:

(1) Recognizing coconuts as a source of food and water;

(2) Recognizing coconut trees as a cultural treasure of Hawaii;

(3) Allowing the lawful production and banking of viable coconut seeds;

(4) Requiring transparency regarding pesticide use on coconut trees; and

(5) Incentivizing non-toxic and natural management of coconut rhinoceros beetles.

§149A-B Definitions. As used in this part:

"Coconut tree" means a tree of the species Cocos nucifera.

"Consumable coconut tree" means a coconut tree managed without the application of systemic or persistent pesticides that would render the coconut water or meat unsafe for human consumption.

"Department" means the department of agriculture and biosecurity.

"Landscape palm" means a coconut tree treated with pesticides or poisons that make coconuts unsafe for human consumption and that is maintained solely for ornamental or landscaping purposes.

"Natural management" means pest management practices that do not rely on systemic insecticides and that may include biological control, trapping, sanitation, fungal or microbial treatments, habitat management, and other non-toxic or minimally toxic methods approved by the department.

"Seed bank" means a managed collection of viable coconut seeds or seedlings maintained for conservation, propagation, or replanting.

§149A-C Coconut trees; recognition; food and water source. The department shall establish rules to recognize coconut trees as a natural source of food and potable water in the State. All state departments and agencies shall, to the extent practicable and consistent with public health and safety, support policies that preserve and protect consumable coconut trees.

§149A-D Coconut trees; recognition; cultural treasure. The department shall establish rules to recognize the coconut tree as a cultural treasure of the State, given its foundational role in Native Hawaiian health practices, subsistence, traditional knowledge, and cultural continuity. All state departments and agencies shall consider this cultural significance when adopting or implementing policies that affect coconut trees.

§149A-E Coconut seed banks; authorization. (a) Coconut seed banks are authorized in the State.

(b) Notwithstanding any law to the contrary, coconut trees that are managed as consumable coconut trees may be allowed to flower and produce viable seeds for propagation and replanting within the State, subject to reasonable biosecurity measures established by the department.

(1) Establish voluntary standards for coconut seed banks;

(2) Minimize the spread of coconut rhinoceros beetles through coconut seed handling and transport; and

(3) Encourage genetic diversity and long-term resilience of coconut tree populations.

§149A-F Landscape palms; labeling. (a) Any coconut tree treated with pesticides or poisons that render the coconuts unsafe for human consumption shall be clearly identified as a landscape palm.

(b) The owner or operator of the property on which any coconut tree is located shall post and maintain a sign clearly indicating that the coconut tree is a landscape palm and not for human consumption.

(c) The department shall adopt rules establishing minimum labeling standards, including the visibility, placement, and duration requirements of any label.

§149A-G Rules. The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this part."

SECTION 2. Chapter 235, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§235- Natural management of the coconut rhinoceros beetle tax credit. (a) There shall be allowed to each taxpayer subject to the tax imposed under this chapter, who is not eligible to be claimed as a dependent for federal or state income taxes by another and who files an individual income tax return for a taxable year, a refundable natural management of the coconut rhinoceros beetle tax credit that shall be applied against the taxpayer's net income tax liability, if any, imposed by this chapter for the taxable year in which the credit is properly claimed.

(b) The amount of the refundable tax credit shall be equal to per cent of the qualified costs incurred by the taxpayer to implement natural management practices of the coconut rhinoceros beetle that result in consumable coconut trees, or $ , whichever is less.

(c) The standards for eligibility and a certification of costs for the tax credit shall be determined by the department of agriculture and biosecurity. The taxpayer shall submit verification or allow inspection as determined by the department of agriculture and biosecurity; provided that the verification shall include a certification by the taxpayer that no systemic or prohibited pesticides have been applied to the coconut trees and that only natural management practices implemented by the department of agriculture and biosecurity have been implemented.

(d) All claims for the tax credit under this section, including any amended claims, shall be filed on or before the end of the twelfth month following the close of the taxable year for which the credit may be claimed. Failure to properly claim the credit shall constitute a waiver of the right to claim the credit.

(e) If the tax credit claimed by the taxpayer under this section exceeds the taxpayer's net income tax liability, the excess of the tax credit shall be refunded to the taxpayer; provided that the tax credit properly claimed by a taxpayer who has no income tax liability shall be paid to the taxpayer; provided further that no refunds or payments on account of the tax credit allowed by this section shall be made for amounts less than $1.

(f) No taxpayer who claims the tax credit under this section shall claim any other credit for the same expenses or costs.

(g) The director of taxation:

(1) Shall prepare any forms that may be necessary to claim a tax credit under this section;

(2) May require proof of the claim for the tax credit; and

(3) May adopt rules pursuant to chapter 91 to effectuate the purposes of this section.

(h) For the purposes of this section, "consumable coconut tree" has the same meaning as defined in section 149A-B."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. In codifying the new sections added by section 1 and referenced in 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2026; provided that section 2 shall apply to taxable years beginning after December 31, 2026.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2779
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII