Hawaii-2016-SB1059-Amended

PART I

SECTION 1. The legislature finds that the interisland spread of invasive species is harmful to agriculture, native biota, public health, and the economic well-being of the State. Further, the legislature finds that these pests continue to move to new areas within the State through varied transportation methods and on various agricultural and non-agricultural commodities, which may or may not be subject to inspection for pests or subject to treatment.

To more effectively mitigate the spread of invasive species, the Hawaii invasive species council and the biosecurity program of the department of agriculture should use their strengths and resources more efficiently. The Hawaii invasive species council should direct the invasive species committees to focus their resources on reducing invasive species in non-agricultural areas, specifically conservation lands and residential areas. The department of agriculture should focus its resources on reducing invasive species in agricultural production areas and performing inspections, certifications, and treatments, if required.

SECTION 2. The department of agriculture shall work through existing contracts and appropriated funds for invasive species activities to undertake invasive species management related to agricultural lands and agricultural and non-agricultural commodities as follows:

(1) The department of agriculture shall use funds from the pest inspection, quarantine, and eradication fund to:

(A) Develop an interisland and export database that allows for the trace-back and trace-forward of agricultural commodities, type and varietals inspected by the department of agriculture, quantity of commodities, and other pertinent information. All information shall be kept confidential to the plant quarantine branch;

(B) Provide a risk level assessment for the various non-agricultural commodities being transported interisland for specific pests based on collected data and scientific analysis to determine risk;

(C) Increase the priority of inspection of agricultural commodities transported between islands, without impacting or jeopardizing the inspection of imported agricultural commodities from out-of-state;

(D) Develop quarantine treatments for high-risk commodities moving between islands; and

(E) Coordinate planning with the department of transportation for inspection and quarantine treatment capabilities at or adjacent to ports of entry; and

(2) The department of agriculture shall use funds from the agricultural development and food security special fund to:

(A) Implement pest management programs statewide in potted plant production, cut-flower and cut-foliage production, fruit and nut crops, and vegetable and herb crops; and

(B) Provide chemicals and equipment to assist growers in reducing infestation in agricultural areas, statewide.

SECTION 3. The Hawaii invasive species council shall work through existing contracts and use appropriated funds for invasive species activities to undertake invasive species management on non-agricultural lands to:

(1) Reduce infestation levels of invasive species on conservation lands near or adjacent to Hilo harbor, Hilo International Airport, and agricultural production areas in the county of Hawaii; and

(2) Create buffer areas between conservation lands and agricultural production areas in the county of Hawaii to prevent re-infestation of invasive species onto agricultural lands after pest management programs are established in agricultural production areas.

SECTION 4. The department of agriculture shall submit an annual report to the legislature no later than twenty days prior to the convening of the regular session of 2016 and every regular session thereafter. In addition to any forms, reports, and other submittals from the department of accounting and general services that relate to the subject matter of this Act, the report by the department of agriculture shall include, but not be limited to:

(1) The status of each activity required by this Act including for each activity:

(A) All expenditures;

(B) Descriptions of and the purposes of any activity-related travel;

(D) Measure of effectiveness;

(2) Number of acres in pest management in total and by crop;

(3) Summary of interisland inspections and export inspection activities;

(4) Projections by year of future expenditures and future acreage to be under pest management by crop; and

(5) Activities yet to be completed, and, if applicable, an explanation why they were not completed.

SECTION 5. The Hawaii invasive species council shall submit an annual report to the legislature no later than twenty days prior to the convening of the regular session of 2016 and every regular session thereafter. In addition to any forms, reports, and other submittals from the department of accounting and general services that relate to the subject matter of this Act, the report by the Hawaii invasive species council shall include, but not be limited to:

(1) The status, workforce allocation, salary expenditures, and other costs related to performing the activities required by this Act;

(2) The area, in miles, of established buffer zones;

(3) The effectiveness of reducing or eliminating pests around Hilo harbor and Hilo International Airport;

(4) The number of acres adjacent to agricultural production areas that have been treated and included in mitigation activities, including the degree of treatment and mitigation; and

(5) Projections by year of future areas to be treated and miles of buffer zones to be added.

SECTION 6. There is appropriated out of the pest inspection, quarantine, and eradication fund the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 for the purposes set forth in section 2(1) of this Act.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 7. There is appropriated out of the agricultural development and food security special fund the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 for the purposes set forth in section 2(2) of this Act.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 for the purposes set forth in section 3 of this Act.

The sum appropriated shall be expended by the Hawaii invasive species council for the purposes of this Act.

PART II

SECTION 9. The department of agriculture shall develop and implement a pilot pesticide treatment coupon project within its current little fire ant program. The pilot project shall distribute coupons redeemable for appropriate pesticide at suppliers or vendors within the county of Hawaii at no cost to individuals who have reported and verified to the department the presence of little fire ants on their property within the county of Hawaii. Each coupon shall be valid for a one-year supply of the department's recommended treatment plan.

SECTION 10. The department of agriculture shall create a map that indicates all little fire ant sites in the county of Hawaii by using all its available data, including verified reports of little fire ant sites. The maps shall be updated periodically and made available on the department's website.

SECTION 11. The department of agriculture shall submit a report on its progress in implementing the mandates in sections 9 and 10 of this Act to the legislature no later than twenty days prior to the convening of the regular sessions of 2016 and 2017. The report shall include findings and recommendations, any necessary proposed legislation, and whether the pilot project in section 9 and little fire ant site map in section 10 of this Act should be continued, terminated, or modified.

SECTION 12. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the little fire ant pilot project in section 9 and the little fire ant site map in section 10 of this Act.

The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.

PART III

SECTION 13. This Act shall take effect on July 1, 2030.

THE SENATE	S.B. NO.	1059
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 2
STATE OF HAWAII		H.D. 2