Bill Text: HI SB3237 | 2024 | Regular Session | Amended

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Bill Title: Relating To Agriculture.

Spectrum: Strong Partisan Bill (Democrat 11-1)

Status: (Engrossed - Dead) 2024-03-22 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Martinez, Nakashima, Quinlan excused (3). [SB3237 Detail]

Download: Hawaii-2024-SB3237-Amended.html

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THE SENATE	S.B. NO.	3237
THIRTY-SECOND LEGISLATURE, 2024		S.D. 2
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

 

 

RELATING TO AGRICULTURE.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

PART I

     SECTION 1.  The legislature finds that invasive species collectively present one of the single greatest threats to Hawaii's economy and natural environment, its native species, and the health and lifestyle of Hawaii's people.  Impacts of invasive species have been severe, negative, and expensive and have included serious habitat degradation, extinction of native species, increased wildfire risk, increases in the cost of agriculture and livestock production, and many other impacts.  For example, the State's horticultural and agricultural industries face a serious threat from the introduction of the plant diseases citrus black spot (Phyllosticta citricarpa), citrus canker (Xanthomonas axonopodis), and citrus greening or huanglongbing (Candidatus Liberibacter asiaticus), and fruit flies (species in the family Tephritidae).

     The legislature also finds that protecting Hawaii from invasive pests requires more than the mere application of chemicals to each new infestation.  Necessary actions include efforts to prevent pests from entering the State and spreading within the State.

     The legislature, like the federal government, recognizes the value of preventing the movement of invasive pests.  Section 10811 of the Farm Security and Rural Investment Act of 2002 requires the United States Department of Agriculture to inspect all passengers, baggage, cargo, and any other articles moving from Hawaii to other areas of the United States.  However, federal law does not require any similar inspections of passengers or material arriving in Hawaii from the continental United States.  The legislature believes that the State should have the authority to conduct those inspections if the federal government will not do so.

     The legislature finds that if an invasive pest infestation that will seriously impact residents, businesses, or native species is found within the State, the infested material should be contained to prevent the spread of the pest so it does not move across an island.  Further, the infested material or area should be treated to control or eradicate the pest.  Preventing the spread of invasive species protects agricultural producers and businesses.  Preventing the sale of merchandise that is infested with pests addresses the highest-risk situations where unsuspecting consumers purchase pest-infested merchandise and bring the merchandise home, spreading the pest across an island.  Notably, there exists a serious danger to the forests and the horticultural and agricultural industries of Hawaii from the introduction of plant pathogens and other pests transported in or on firewood from outside the State, including Agrilus planipennis (emerald ash borer), Anoplophora glabripennis (Asian longhorned beetle), Solenopsis invicta (red imported fire ant), and bark and ambrosia beetles, including Euwallacea species and associated fungal pathogens.

     The legislature notes that other states routinely quarantine areas that are infested with a high impact pest and prevent the sale of infested merchandise.  In cases of high impact species, other states quarantine the infested areas.  For instance, in June 2023, after the highly invasive giant African land snail was detected north of Miami, the State of Florida declared a quarantine and treatment area of several square miles in Broward County.  Florida quarantined the movement of the snails themselves and other materials that could be harboring the snails, including plants, soil, and certain building materials.  Florida subsequently commenced a robust program using molluscicide, or snail bait, on properties in the area, followed by multiple surveys to assess the effectiveness of the quarantine and treatment.

     In Oregon, the state's agricultural department took steps to eradicate the Japanese beetle, a serious pest of ornamental plants, turfgrass, and crops grown in the state.  The department's efforts included the quarantine of yard debris, including grass clippings and plants with soil, and the implementation of sod.  The quarantine required residents to contain their yard waste and deliver it to a specific location.  The state also treated private property, either with the consent of the landowner or pursuant to an administrative warrant, with appropriate pesticide.

     The legislature notes that the prevention of the spread of invasive pests in Hawaii is part of the state department of agriculture's responsibility to promote agriculture in the State.  However, the department has limited staff and resources and has not been able to update its administrative rules to adapt to new invasive pests and control methods.  The department has not developed a list of restricted plants pursuant to section 150A-6.1, Hawaii Revised Statutes, since that statutory section was enacted on July 1, 2000.  Further, the department last updated its list of noxious weeds and their distribution more than thirty years ago.  The department has also not had the capacity to add many high impact pests, including the two-lined spittlebug (Prosapia bicincta) that has been devastating ranch lands on Hawaii island since its detection in 2016, to its list of pests for control and eradication, which was last updated in 2008.

     The purpose of this Act is to:

     (1)  Require the department of agriculture to designate certain species as pests, and periodically update taxa designated as pests, for control or eradication and develop and implement a control or eradication program for each designated pest but, if the department fails to do so, authorize the applicable county to develop or implement the program;

     (2)  Establish a plant nursery licensing program, as part of the department of agriculture's biosecurity program, to regulate the sale of nursery stock;

     (3)  Prohibit the import of any material infested or infected with a pest or that is a pest unless imported under an appropriate permit or compliance agreement and amend the department of agriculture's authority to impose other limits on imports and transportation; and

     (4)  Amend the method by which the board of agriculture makes and updates noxious weed designations and clarify responsibilities for the control or eradication of noxious weeds.

PART II

     SECTION 2.  Section 141-2, Hawaii Revised Statutes, is amended to read as follows:

     "§141-2  Rules.  Subject to chapter 91, the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning:

     (1)  The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants;

     (2)  The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any [nursery-stock,] nursery stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so‑called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material used in connection therewith, or any other pest host material that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries or the forests of the State, or the public health and welfare, or that is or may be in itself injurious, harmful, or detrimental to the same; provided that included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State;

     (3)  The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any [specific] article, substance, or object or class of articles, substances, or objects[, among those enumerated above in this section,] that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same;

     (4)  The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department;

     (5)  The establishment, maintenance, and enforcement of compliance agreements with federal or state departments of agriculture authorizing agriculture inspectors from the state of origin in the case of imports to the State, or state agricultural inspectors in the case of state exports, to monitor the growing and packing of plant commodities and any treatment procedures to ensure compliance with quarantine laws, and further authorizing the assessment of fees for conducting inspections required under the compliance agreement; [and]

     (6)  The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation[.]; and

     (7)  The protection of members of the public and property.

     All rules adopted under this section shall have the force and effect of law."

     SECTION 3.  Section 141-3, Hawaii Revised Statutes, is amended to read as follows:

     "§141-3  Designation of pests; control or eradication of pests; emergency power.  (a)  The department of agriculture shall [designate]:

     (1)  Designate the coconut rhinoceros beetle (Oryctes rhinoceros), coqui frog (Eleutherodactylus coqui),  little fire ant (Wasmannia auropunctata), and two-lined spittlebug (Prosapia bicincta) as [a pest.  All other pest designations shall be established by rule, including] pests for control or eradication;

     (2)  Designate, by rule, other pests for control or eradication and update designated taxa no less than once every two years; and

     (3)  Establish, by rule, the criteria and procedures for the designation of pests for control or eradication[.]; provided that criteria shall be written with the understanding that:

          (A)  Pests designated for control or eradication shall be:

              (i)  High-risk pests upon which statewide or local control is necessary to prevent serious impacts to native species and the environment; or

             (ii)  Injurious, deleterious, or likely to become injurious or deleterious to the public health and welfare, private property, or the agricultural, horticultural, aquacultural, or livestock industries of the State; and

          (B)  Not every invasive species poses a risk that warrants designation of the species as a pest for control or eradication.

     (b)  The department of agriculture [shall], so far as reasonably practicable, shall assist, free of cost to [individuals,] persons, in the control or eradication of insects, mites, diseases, noxious weeds, or other pests or any other taxa injurious to the environment or vegetation of value; and in the investigation, suppression, and eradication of contagious, infectious, and communicable diseases among domestic animals; and shall in like manner distribute to points where needed, beneficial insects, or pathogens and other antidotes for the control of insects, mites, diseases, or other pests or any other taxa injurious to the environment or vegetation of value, and for the control or eradication of vegetation of a noxious character.

     (c)  Notwithstanding subsection (a), if the department finds the incipient infestation of a pest that [has an adverse effect on the environment or that] is injurious or deleterious or that is likely to become injurious or deleterious to native species, the environment, public health and welfare, private property, or the agricultural, horticultural, aquacultural, or livestock industries of the State without immediate action, it may proceed without prior notice or upon a minimum of forty-eight hours notice and hearing to adopt an emergency rule for the eradication of the pest [to], or incipient infestation, regardless of whether the pest is currently designated as a pest for control or eradication.  The emergency rule shall be effective for a period of [not] no longer than one hundred eighty days without renewal."

     SECTION 4.  Section 141-3.5, Hawaii Revised Statutes, is amended to read as follows:

     "§141-3.5  Control or eradication programs.  (a)  The department of agriculture shall develop and implement a detailed control or eradication program for [any pest] each taxa designated [in] as a pest for control or eradication pursuant to section 141-3, using the best available technology in a manner consistent with state and federal law.  Each program shall include actions to prevent the introduction or spread of the pest, including the quarantine of appropriate material within the infested area, treatment to control or eradicate the pest, and outreach to the affected communities.  The department shall consider that risks posed by a pest may be different for different islands of the State; provided that the department shall consider conditions and impacts to each island in developing and implementing each program required by this section.

     (b)  If the department does not develop and implement a detailed control or eradication program for a taxa designated as a pest for control or eradication pursuant to section 141-3 on an island where the pest is, or is likely to be, a threat to public health and welfare, or private property, and is therefore a public nuisance, the applicable county may develop or implement a program for the pest on that island or the impacted area of that island.

     [(b)] (c)  For any pest designated by emergency rule as provided in section 141-3, the department of agriculture or the applicable county shall implement an emergency program using the best available technology in a manner consistent with state and federal law.

     [(c)] (d)  The department of agriculture:

     (1)  In conjunction with the Hawaii [Ant Lab,] ant lab, may identify best practices for the treatment of little fire ants; and

     (2)  Shall post on its website any best practices identified for the treatment of little fire ants."

     SECTION 5.  Section 141-3.6, Hawaii Revised Statutes, is amended to read as follows:

     "§141-3.6  Entry of private property to control or eradicate any pests.  (a)  The department of agriculture or applicable county shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property [for the control or eradication of a pest.] to carry out a control or eradication program developed pursuant to section 141-3.5, including the quarantine of materials.  Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice.  If certified mail is impractical because the department or county, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice.  The notice shall set forth all pertinent information on the [pest] control or eradication program and the procedures and methods to be used for control or eradication.

     (b)  After notice as required by subsection (a), any member of the department, employee of the county, or any agent authorized by the department or county may enter at reasonable times any private property other than dwelling places to [maintain a pest] carry out a control or eradication program[,] developed pursuant to section 141-3.5, being liable only for damage caused by acts beyond the scope of the person's authority, or the person's negligence, gross negligence, or intentional misconduct.  If [entry is refused,] the landowner or land occupier does not consent, the department member, county employee, or any authorized agent may apply to the district court in the circuit in which the property is located for a warrant to enter on the premises to effectuate the purposes of this chapter.  The district court may issue a warrant directing a [police] law enforcement officer of the circuit to assist the department member, county employee, or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times."

     SECTION 6.  Section 141-6, Hawaii Revised Statutes, is amended to read as follows:

     "§141-6  Appeal from [inspector's decision.] certain decisions.  Any person who feels aggrieved at any decision of the chairperson of the board of agriculture, the chairperson's designee, or any inspector of the department of agriculture shall have the right to appeal from the decision to the board of agriculture.  The board shall give a prompt hearing to the appellant and the [inspector] chairperson of the board of agriculture upon the appeal, and decide the question at issue, which decision shall be subject to judicial review as provided in chapter 91."

PART III

     SECTION 7.  Chapter 150A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  PLANT NURSERY LICENSING PROGRAM

     §150A-A  Definitions.  For the purposes of this part, unless the context requires otherwise:

     "Best management practices" means processes and actions based on the best available science that provide the most cost‑effective and efficacious way to address an issue, including the prevention or reduction of pest and pathogen problems.

     "Effective control" means the elimination or reduction of low-priority pests to the point of an acceptable economic and environmental risk.

     "High-priority pest" means a pest, including a noxious weed:

     (1)  That is not known to appear frequently within the State;

     (2)  That has a limited distribution within the State;

     (3)  That the department or other government entity attempts to contain, suppress, or reduce within the State or an area of the State; and

     (4)  Whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

     "Low-priority pest" means a pest that is not a high‑priority pest and may be controlled so that the pest does not pose an unacceptable economic or environmental risk.

     "Plant nursery license" means a license issued pursuant to this part.

     "Sale" or "sell" means offering, exposing, or possessing for sale, exchange, barter, or trade.

     "Standards of nursery cleanliness", with respect to a location where nursery stock is produced or sold, means:

     (1)  The implementation at the location of any method of treatment required by the department for any pest;

     (2)  That nursery stock or other material infested or infected with pests at the location is isolated pending treatment or disposal;

     (3)  That actions are carried out to the extent that is reasonably necessary to ensure the location and all nursery stock produced or sold at the location are free from pests; and

     (4)  The fulfillment of any other standard required by the department for the location.

     §150A-B  Plant nursery licenses required; exemption.  (a)  A person engaged with the sale of nursery stock shall inform the department of the existence of the person's operation and obtain a valid plant nursery license pursuant to this part for the operation, unless the person sells seeds and does not sell or ship any other nursery stock.

     (b)  A person shall obtain a plant nursery license for each location where the person sells or grows nursery stock.

     (c)  The department may publish on its website and in any other appropriate form a list of persons that hold a valid plant nursery license.

     §150A-C  Full plant nursery licenses; requirements; duration.  (a)  Each person seeking a full plant nursery license or a renewal of a full plant nursery license shall submit to the department:

     (1)  An application; and

     (2)  A fee pursuant to section 150A-D.

     (b)  A person shall be eligible to receive and continue operating under a full plant nursery license for a location if the person:

     (1)  Demonstrates good faith in seeking to carry on the business of selling nursery stock;

     (2)  Does not sell any plant species designated by the department as a noxious weed or restricted plant;

     (3)  Consents to and agrees to cooperate with all inspections authorized by section 150A-F;

     (4)  Passes all authorized inspections;

     (5)  Maintains the location free from high-priority pests;

     (6)  Has effective control of low-priority pests;

     (7)  Implements standards of nursery cleanliness at the location; and

     (8)  Implements any best management practices required by the department for the location.

     (c)  A full plant nursery license:

     (1)  Shall be valid for a period of one year; and

     (2)  May be renewed for additional periods of one year per renewal.

     §150A-D  Full plant nursery licenses; fees.  (a)  Each application for the issuance or renewal of a full plant nursery license shall be accompanied by a license fee in an amount determined by the department.

     (b)  The fee required by subsection (a) shall be determined based on:

     (1)  Quantity and dollar value of nursery stock sales;

     (2)  Acreage used by the applicant to produce, store, or sell nursery stock; and

     (3)  Any other criteria the department determines is appropriate.

     (c)  No portion of the fee required by subsection (a) may be refunded to a person if the department denies an application for a full plant nursery license or renewal or revokes the license pursuant to section 150A-G.

     (d)  All fees collected under this section shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.

     §150A-E  Temporary plant nursery licenses; small seller plant nursery licenses.  (a)  A person is eligible to receive and continue operating under a temporary plant nursery license if the person:

     (1)  Applies for a temporary plant nursery license;

     (2)  Is a nonprofit, charitable, educational, or religious organization;

     (3)  Demonstrates to the department's satisfaction that:

          (A)  The person will sell nursery stock for no more than      days in a calendar year;

          (B)  The person does not sell any plant species designated by the department as a noxious weed or restricted plant;

          (C)  The person's total annual sales of nursery stock will not exceed $          ; and

          (D)  The person will use the proceeds of the sale of nursery stock for charitable, educational, or religious purposes;

     (4)  Obtains nursery stock from a person with a valid plant nursery license;

     (5)  Imports necessary stock subject to rules; and

     (6)  Uses best management practices for nursery stock and the sale of the nursery stock required by the department for temporary plant nursery license holders.

     (b)  A person is eligible to receive and continue operating under a small seller plant nursery license if the person:

     (1)  Applies for a small seller plant nursery license;

     (2)  Demonstrates to the department's satisfaction that the person's total annual sales of nursery stock will not exceed $          ;

     (3)  Does not sell any plant species designated by the department as a noxious weed or restricted plant;

     (4)  Produces nursery stock with, or obtains nursery stock from, a person with a valid plant nursery license;

     (5)  Imports necessary stock subject to rules; and

     (6)  Uses best management practices for nursery stock and the sale of the nursery stock required by the department for small seller plant nursery license holders.

     (c)  The department may inspect the plant nursery location, all nursery stock at the plant nursery location, and any other area used by an applicant or licensee to produce, store, or sell nursery stock under a temporary plant nursery license or a small seller plant nursery license.

     (d)  The department may charge a fee for the issuance of a temporary plant nursery license or a small seller plant nursery license; provided that all fees collected under this section shall be deposited into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.

     §150A-F  Inspection; quarantine.  (a)  After receiving an application for issuance or renewal of a plant nursery license for a location, an inspector shall inspect the location, all nursery stock at the location, and any other area used by the applicant to produce or store nursery stock to be sold at the location before the issuance or renewal of the plant nursery license.

     (b)  The department may conduct additional inspections of any location issued a plant nursery license with or without notice, at any time and in any manner as the department determines appropriate.

     (c)  No applicant or licensee shall deny access to or impede an inspector conducting an inspection under this section or hinder the inspection by misrepresenting or concealing facts or conditions.

     (d)  To be eligible to receive and continue operating under a plant nursery license, an applicant or licensee that sells nursery stock shall ensure that each location at which the applicant or licensee operates shall be found at each inspection authorized under this section to:

     (1)  Be free from high-priority pests;

     (2)  Have effective control of low-priority pests;

     (3)  Be implementing standards of nursery cleanliness; and

     (4)  Be implementing any best management practices required by the department.

     (e)  If the department is notified pursuant to an inspection authorized under this section or any other means that a high-priority pest is present in nursery stock or a location where nursery stock is present, that low-priority pests are not under effective control at a location, or that the holder of a full plant nursery license, temporary plant nursery license, or small seller plant nursery license is otherwise not in compliance with the requirements of this part, the department:

     (1)  Shall place a quarantine order for the affected nursery stock or location and mitigate potential spread and, if appropriate, shall place a destruction order for the affected nursery stock;

     (2)  Shall notify the person applying for or holding the full plant nursery license, temporary plant nursery license, or small seller plant nursery license for the affected nursery stock or location of the existence of the high-priority pest, low-priority pest, or other compliance issue and advise the person on acceptable mitigation methods; and

     (3)  Shall mitigate and require the affected nursery stock, affected material, and affected location to be mitigated by whatever means necessary, including destruction, confiscation, treatment, return shipment, or quarantine, at the expense of the nursery or person without any form of compensation from the department or State.

     (f)  During the period when an order under subsection (e) is in effect for nursery stock or a location, the person operating the plant nursery location shall not sell, ship, transport, give away, or otherwise move, alter, or tamper with affected nursery stock or material at the location, other than for activities to mitigate the high-priority or low-priority pests or other compliance issue.

     (g)  The applicant or person affected by the department's actions under subsection (e) may submit a request to the department for a contested case hearing in writing within thirty days following the date of the department's notice issued under subsection (e).

     §150A-G  Refusal to issue or renew; suspension; revocation.  Subject to chapter 91 and the rules adopted by the board, the department may refuse to issue or renew a full plant nursery license, temporary plant nursery license, or small seller plant nursery license or may suspend or revoke a full plant nursery license, temporary plant nursery license, or small seller plant nursery license for a location if the department determines that the licensee or the applicant has:

     (1)  Wilfully refused to comply with this part or other laws relating to nursery stock or to any pest that might be carried by nursery stock;

     (2)  Committed fraud or deception in obtaining the plant nursery license;

     (3)  Committed fraud or misrepresentation in the handling or sale of nursery stock;

     (4)  Failed to maintain the nursery stock or location:

          (A)  Free from high-priority pests;

          (B)  With effective control of low-priority pests; or

          (C)  In accordance with any best management practices required by the department;

     (5)  Failed to maintain nursery stock produced, stored, or sold by the licensee or applicant in accordance with the standards of nursery cleanliness; or

     (6)  Failed to comply with any lawful order issued by the department.

     §150A-H  Civil penalties.  (a)  A person who violates any provision of this part or any rule adopted by the department pursuant to this part shall be fined no more than $           for each separate offense.  Each date of violation shall constitute a separate offense.  Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

     (b)  All fines collected under this section shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund under section 150A-4.5."

     SECTION 8.  Chapter 150A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§150A-     Firewood quarantine.  (a)  The import of firewood into the State and the transportation or sale within the State of firewood imported into the State are prohibited except for:

     (1)  Firewood that is certified by an appropriate federal or state agency as heat-treated and labeled in accordance with subsection (b); or

     (2)  Firewood imported pursuant to subsection (c) and labeled in accordance with subsection (b).

     (b)  Firewood imported into the State shall bear a clear and conspicuous label that contains the following information on each package of firewood intended to be offered, exposed, or held for sale:

     (1)  The state of origin of the firewood;

     (2)  If the firewood is imported pursuant to subsection (a)(1):

          (A)  A statement that the firewood has been certified as heat-treated; and

          (B)  The name of the federal or state certifying agency and the certification number;

     (3)  Identification of the commodity as firewood, unless the contents can be easily identified through the wrapper or container; and

     (4)  The name and address of the manufacturer, packer, or distributor of the firewood.

     (c)  The chairperson may allow the importation or sale of firewood on a case-by-case basis if the person producing, processing, or importing the firewood is operating under a compliance agreement or other contract with an appropriate federal or state agency that the chairperson determines will ensure that the firewood:

     (1)  Is heat-treated; or

     (2)  Will not pose an unacceptable risk of introducing or spreading an insect, disease, or other pest.

     (d)  The chairperson may at any time revoke an exemption under subsection (c) due to a change in the risk assessment.

     (e)  Any person that imports firewood into the State shall maintain, and make available to the chairperson upon request, records of those imports for at least two years.

     (f)  Firewood harvested within the State shall not be subject to the requirements of this section.

     (g)  As used in this section:

     "Firewood" means any kindling, logs, timber, or other portions of a tree of any species four feet or less in length, cut or split, or intended to be cut or split, into a form and size appropriate for use as fuel for fires in an open or closed pit, grill, fireplace, stove, wood burning furnace, or in any other form commonly used for burning in campfires, stoves, or fireplaces.

     "Heat-treated" with respect to firewood means firewood that has been heated to a minimum wood core temperature of one hundred sixty degrees Fahrenheit for seventy-five minutes.

     §150A-     Cooperative enforcement of pest quarantines.  Interstate shipments for entry into the State shall be subject to the following:

     (1)  No regulated article shall enter the State if it is:

          (A)  Prohibited from interstate movement pursuant to a quarantine issued by the United States Department of Agriculture or a valid quarantine issued by a state; or

          (B)  Required by the United States Department of Agriculture to be certified to prevent the movement of a pest and found to be infested with the pest;

     (2)  The owner or carrier of regulated articles that are reportedly originating in nonregulated areas of a quarantined state shall provide proof of origin of the regulated articles through an invoice, waybill, or other shipping document; and

     (3)  If only a portion of a state is under a federal or state quarantine, the entry of the shipment into the State shall not be refused, nor shall a certificate be required if the article originates from a nonregulated area of the shipping state, unless the article is found to be infested or prohibited."

     SECTION 9.  Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

     "§150A-     Plant nursery license required.  No certification or service related to nursery stock shall be provided under this part to a person who is required to obtain a plant nursery license pursuant to part    for the nursery stock unless the person has obtained the required plant nursery license."

     SECTION 10.  Section 150A-1, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§150A-1[]]  Short title.  This chapter may be cited as the "Hawaii [Plant Quarantine] Invasive Species Law"."

     SECTION 11.  Section 150A-2, Hawaii Revised Statutes, is amended as follows:

     1.  By adding seven new definitions to be appropriately inserted and to read:

     ""Compliance agreement" means a written agreement:

     (1)  Between the department and a person who carries out commercial activities; and

     (2)  That includes any terms or conditions the chairperson determines will slow or prevent the spread of a pest.

     "Infested" means harboring a pest.

     "Infested area" means an island or locality within the State where a specific pest is known to be established.

     "Nursery stock" means any plant for planting, propagation, or ornamentation, including all plants, trees, shrubs, vines, perennials, grafts, cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all viable parts of these plants.

     "Person" means any individual, firm, corporation, association, partnership, or other entity, including a governmental entity or nonprofit organization.

     "Pest host material" means any plant, propagative plant part, non-propagative plant part, soil, or any other matter or object that is found to be transporting or harboring a pest.

     "Restricted area" means an island or locality within the State where a specific pest is not known to be established or where an eradication or control project for a specified pest is being conducted by the department or an entity recognized by the chairperson."

     2.  By amending the definition of "pest" to read:

     ""Pest" means [any]:

     (1)  Any animal, insect, disease agent or other organism in any stage of development that is detrimental or potentially harmful to agriculture, or horticulture, or animal or public health, or natural resources including native biota or has an adverse effect on the environment [as]; or

     (2)  Any taxa determined by the board[.] to be a pest."

     SECTION 12.  Section 150A-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established in the state treasury the pest inspection, quarantine, and eradication fund, into which shall be deposited:

     (1)  Legislative appropriations for biosecurity and inspection, quarantine, and eradication services;

     (2)  Service fees, charges, and penalties collected under section 150A-5.3;

     (3)  Fees and fines collected under the plant nursery licensing program pursuant to part    ;

    [(3)] (4)  Fees imposed for services pursuant to this chapter or rules adopted under this chapter;

    [(4)] (5)  Fines for violations of this chapter;

    [(5)] (6)  Federal funds received for biosecurity, pest inspection, control, management, quarantine, and eradication programs;

    [(6)] (7)  Grants and gifts;

    [(7)] (8)  All interest earned or accrued on moneys deposited in the fund; and

    [(8)] (9)  Any other moneys made available to the fund."

     SECTION 13.  Section 150A-5, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-5  Conditions of importation.  (a)  The importation into the State of any material that is infested or infected with a pest or that is itself a pest is prohibited unless imported under an appropriate permit or compliance agreement.

     (b)  The importation into the State of any of the following articles, viz., [nursery-stock,] nursery stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry-grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which [such] the articles have been transported or any packing material used in connection therewith shall be made in the following manner [hereinafter set forth]:

     (1)  Notification of arrival.  Any person who receives for transport or brings or causes to be brought to the State as freight, air freight, baggage, or otherwise, for the purpose of debarkation or entry therein, or as ship's stores, any of the foregoing articles, shall, immediately upon the arrival thereof, notify the department, in writing, of the arrival, giving the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent in the State, marks, number of packages, description of contents of each package, port at which laden, and any other information that may be necessary to locate or identify the same, and shall hold such articles at the pier, airport, or any other place where they are first received or discharged, in such a manner that they will not spread or be likely to spread any infestation or infection of pests, including insects or diseases that may be present until inspection and examination can be made by the inspector to determine whether or not any article, or any portion thereof, is infested or infected with or contains any pest.  The department may adopt rules to require identification of specific articles on negotiable and non-negotiable warehouse receipts, bills of lading, or other documents of title for inspection of pests.  In addition, the department shall adopt rules to designate restricted articles that shall [require]:

          (A)  [A] Require a permit from the department in advance of importation; [or]

          (B)  [A] Require a department letter of authorization or registration in advance of importation[.]; or

          (C)  Be imported pursuant to a compliance agreement.

          The restricted articles shall include but not be limited to certain microorganisms or living insects.  Failure to obtain the permit, letter of authorization, or registration in advance is a violation of this section;

     (2)  Individual passengers, officers, and crew.

          (A)  It shall be the responsibility of the transportation company to distribute, prior to the debarkation of passengers and baggage, the State of Hawaii plant and animal declaration form to each passenger, officer, and crew member of any aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency [in order], so that the passenger, officer, or crew member can comply with the directions and requirements appearing [thereon.] on the declaration form.  All passengers, officers, and crew members, whether or not they are bringing or causing to be brought for entry into the State the articles listed on the declaration form, shall complete the declaration[,] form, except that one adult member of a family may complete the declaration form for other family members.  Any person who defaces the declaration form required under this section, gives false information, fails to declare restricted articles in the person's possession or baggage, or fails to declare in cargo manifests is in violation of this section;

          (B)  Completed declaration forms shall be collected by the transportation company and be delivered, immediately upon arrival, to the inspector at the first airport or seaport of arrival.  Failure to distribute or collect declaration forms or to immediately deliver completed declaration forms is a violation of this section; and

          (C)  It shall be the responsibility of the officers and crew of an aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency to immediately report all sightings of any plants and animals to the plant quarantine branch.  Failure to comply with this requirement is a violation of this section;

     (3)  Plant and animal declaration form.  The form shall include directions for declaring domestic and other animals cited in chapter 142, in addition to the articles enumerated in this chapter;

     (4)  Labels.  Each container in which any of the above‑mentioned articles are imported into the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, the name of the country, state, or territory and locality therein where the product was grown or produced, and a statement of the contents of the container.  Upon failure to comply with this paragraph, the importer or carrier is in violation of this section;

     (5)  Authority to administratively inspect.  [Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the] An inspector [may]:

          (A)  May conduct inspections of persons, baggage, cargo, and any other articles destined for movement between the islands of the State or imported into the State from the continental United States or any United States territory for the purpose of determining whether an insect, pest, disease, or regulated or restricted taxa is present;

         [(A)  Enter]  (B)  May enter and inspect any aircraft, vessel, or other carrier at any time after its arrival within the boundaries of the State, whether offshore, at the pier, or at the airport, and enter into or upon any pier, warehouse, airport, or any other place in the State for the purpose of [determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;

          (B)  Enter into or upon any pier, warehouse, airport, or any other place in the State where any of the above-mentioned articles are moved or stored, for the purpose of ascertaining, by inspection and examination, whether or not any of the articles is infested or infected with any pest or disease or contaminated with soil or contains prohibited plants or animals; and] conducting inspections authorized by subparagraph (A);

          (C)  [Inspect any baggage or personal effects of disembarking passengers, officers, and crew members on aircraft or vessels arriving in the State to ascertain if they contain any of the articles or pests enumerated in this chapter.  No] Shall inform passengers and crew members that their baggage [or] and other personal effects [of the passengers or crew members] shall not be released until the baggage [or] and personal effects have been passed[.  Baggage or]; and

          (D)  Shall have the discretion to inspect baggage and cargo [inspection shall be made at the discretion of the inspector,] on the pier, vessel, or aircraft or in any quarantine or inspection area[.

              Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector may require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any vessel or aircraft moving between the continental United States and Hawaii or between the Hawaiian Islands, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present.  It is a violation of this section if any prohibited article or any pest or any plant, fruit, or vegetable infested with plant pests is found];

     (6)  Request for importation and inspection.  In addition to requirements of the appropriate United States [customs] authorities concerning invoices or other formalities incident to importations into the State, the importer shall be required to file a written statement with the department, signed by the importer or the importer's agent, setting forth the importer's desire to import certain of the above-mentioned articles into the State and:

          (A)  Giving the following additional information:

              (i)  The kind (scientific name), quantity, and description;

             (ii)  The locality where same were grown or produced;

            (iii)  Certification that all animals to be imported are the progeny of captive populations [or], have been held in captivity for a period of one year immediately prior to importation, or have been specifically approved for importation by the board;

             (iv)  The port from which the same were last shipped;

              (v)  The name of the shipper; and

             (vi)  The name of the consignee; and

          (B)  Containing:

              (i)  A request that the department, by its duly authorized agent, examine the articles described;

             (ii)  An agreement by the importer to be responsible for all costs, charges, or expenses; and

            (iii)  A waiver of all claims for damages incident to the inspection or the fumigation, disinfection, quarantine, or destruction of the articles, or any of them, as hereinafter provided, if any treatment is deemed necessary.

              Failure or refusal to file a statement, including the agreement and waiver, is a violation of this section and may, in the discretion of the department, be sufficient cause for refusing to permit the entry of the articles into the State;

     (7)  Place of inspection.  If, in the judgment of the inspector, it is deemed necessary or advisable to move any [of the above-mentioned articles, or any portion thereof,] article to a place more suitable for inspection than the pier, airport, or any other place where they are first received or discharged, the inspector is authorized to do so.  All costs and expenses incident to the movement and transportation of the articles to [such] another place shall be borne by the importer or the importer's agent.  If the importer, importer's agent, or transportation company requests inspection of sealed containers [of the above-mentioned articles] at locations other than where the [articles] containers are first received or discharged and the department determines that inspection at [such] that place is appropriate, the department may require payment of costs necessitated by these inspections, including overtime costs;

     (8)  Disinfection or quarantine.  If, upon inspection, any article received or brought into the State for the purpose of debarkation or entry therein or moved between islands of the State is found to be infested or infected or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, a treatment shall be given [such] to the article.  The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department.  The article shall be held in quarantine at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished.  If the infestation or infection is of [such] a nature or extent that it cannot be effectively and completely eradicated, or if it is a potentially destructive pest or it is not widespread in the State, or after treatment it is determined that the infestation or infection is not completely eradicated, or if the owner or the owner's agent refuses to allow the article to be treated or to be responsible for the cost of treatment and quarantine, the article, or any portion thereof, together with all packing and containers, may, at the discretion of the inspector, be destroyed or sent out of the State at the expense of the owner or the owner's agent.  [Such] The destruction or exclusion shall not be made the basis of a claim against the department or the inspector for damage or loss incurred;

     (9)  Disposition.  Upon completion of inspection, either at the time of arrival or at any time thereafter should any article be held for inspection, treatment, or quarantine, the inspector shall affix to the article or the container or to the delivery order in a conspicuous place thereon, a tag, label, or stamp to indicate that the article or container has been inspected and passed.  This action shall constitute a permit to bring the article or container into the State; and

    (10)  Ports of entry.  None of the articles mentioned in this section shall be allowed entry into the State except through the airports and seaports in the State designated and approved by the board.

     (c)  A person who violates this section or any rule adopted pursuant to this section shall be fined no more than $           for each separate offense.  Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action."

     SECTION 14.  Section 150A-5.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  In legal effect, articles landed for the purpose of inspection or quarantine shall be construed to be still outside the State seeking entry, and shall not, in whole or in part, be considered suitable for entry into the State unless a tag, label, or stamp has been affixed to the article, its container, or its delivery order by the inspector as provided in section [150A-5(9),] 150A-5(b)(9), except that articles quarantined in the biocontrol containment facilities of the department or of other government agencies engaged in joint projects with the department may be released upon issuance of a permit approved by the board."

     SECTION 15.  Section 150A-6.1, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (b) to read:

     "(b)  The department shall designate, by rule, as restricted plants, specific plants that may be detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health, or that spread or may be likely to spread an infestation or infection of an insect, pest, or disease that is detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health.  In addition, plant species designated [by rule] pursuant to chapter 152 as noxious weeds are designated as restricted plants."

     2.  By amending subsections (d) and (e) to read:

     "(d)  Noxious weeds may be imported only for research, by permit, and shall not be offered for sale [or], sold [in], or transported within the State[.], except for the purposes of appropriate disposal under a method approved by, or pursuant to a permit issued by, the chairperson.

     (e)  No person shall import, offer for sale, or sell within the State any plant or propagative portion of Salvinia molesta [or], Salvinia minima [and], Pistia stratiotes[.], or Falcataria moluccana (Albizia)."

     SECTION 16.  Section 150A-8, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-8  Transporting in State.  [Flora and] (a)  Without regard to chapter 201M or the notice and public hearing requirements of chapter 91, the department may specify flora, fauna [specified by rules and regulations of the department], pest host material, and any other article that shall not be moved from one island to another island within the State or from one locality to another [on] part or locality of the same island except by a permit issued by the department[.], or pursuant to a compliance agreement approved by the department.

     (b)  The transport, harboring, rearing, or breeding of any pest is prohibited.

     (c)  The transportation of any pest host material that is infested or infected with an insect, disease, or pest between the islands of the State or from one part or locality of any island to another part or locality of the same island is prohibited unless the pest host material has been subjected to an appropriate treatment, as approved by the chairperson.  Appropriate treatment may include pesticide or fumigation treatment.  The chairperson may, however, authorize the transportation of an untreated infested or infected pest host material to an island or location where the pest is known to be established.

     (d)  Notwithstanding subsections (a), (b), and (c), pests or plants, plant parts, soil, or pest host material infested or infected with a pest may be transported without inspection between islands or between parts or localities of the same island:

     (1)  For diagnostics, research, testing, or educational purposes by the department; or

     (2)  Pursuant to a permit approved by the chairperson and issued to an institution approved by the board, a government agency, or a university for research, testing, or educational purposes at a site inspected and approved by the chairperson before the transport occurs.

     (e)  The chairperson may prohibit the movement of any pest host material that is offered for sale, for barter, or by donation or otherwise to be given away to the public if the chairperson determines that the pest host material is infested or infected with an insect, disease, or pest.  The chairperson may compel treatment or destruction of the material as set out in this section.  If the material was or is stored in an area that is infested or infected with an insect, disease, or pest, the chairperson may require appropriate treatment of the area prior to authorizing the movement of the material.

     (f)  An item subject to the prohibition in subsection (e) shall be:

     (1)  Subjected to a treatment to eradicate the insect, disease, or pest, as approved and supervised by the chairperson;

     (2)  Destroyed using a method approved and supervised by the chairperson;

     (3)  Transported only pursuant to a permit issued by the chairperson; or

     (4)  Subject to any other disposition approved by the chairperson, including the transportation of untreated infested or infected pest host material or an insect, disease, or pest to an island or location where the target insect, disease, or pest is known to be established.

     (g)  The State shall not be responsible for any economic loss or damages related to any actions by the department pursuant to this section, including the treatment, quarantine, or destruction of any item.

     (h)  Any person who knowingly sells a plant designated by the department as a restricted plant or a noxious weed, or a plant that is infested or infected with a pest, shall be fined no more than $           for each separate offense.  Any action taken to impose or collect that penalty shall be considered a civil action."

     SECTION 17.  Section 150A-14, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-14  Penalty.  (a)  Any person who violates any provision of this chapter other than sections 150A-5, 150A-6(3), and 150A-6(4) or who violates any rule adopted under this chapter other than those rules involving an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and fined [not] no less than $100.  The provisions of section 706-640 notwithstanding, the maximum fine shall be $10,000.  For a second offense committed within five years of a prior offense, the person or organization shall be fined [not] no less than $500 and [not] no more than $25,000.

     [(b)  Any person who violates section 150A-5 shall be guilty of a petty misdemeanor and fined not less than $50 and not more than $5,000.  For a second offense committed within five years of a prior offense, the person may be fined not less than $250 and not more than $15,000.

     (c)] (b)  Any person who:

     (1)  Violates section 150A-6(3) or 150A-6(4), or owns or intentionally transports, possesses, harbors, transfers, or causes the importation of any snake or other prohibited animal seized under section 150A-7(b), or whose violation involves an animal that is prohibited or a plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a misdemeanor and subject to a fine of [not] no less than $5,000[, but not] and no more than $20,000;

     (2)  Intentionally transports, harbors, or imports with the intent to propagate, sell, or release any animal that is prohibited or any plant, animal, or microorganism that is restricted, without a permit, shall be guilty of a class C felony and subject to a fine of [not] no less than $50,000[, but not] and no more than $200,000; or

     (3)  Intentionally imports, possesses, harbors, transfers, or transports, including through interisland or intraisland movement, with the intent to propagate, sell, or release, any pest designated by statute or rule, unless otherwise allowed by law, shall be guilty of a class C felony and subject to a fine of [not] no less than $50,000[, but not] and no more than $200,000.

     [(d)] (c)  Whenever a court sentences a person or organization pursuant to subsection (a) or [(c)] (b) for an offense which has resulted in the escape or establishment of any pest and caused the department to initiate a program to capture, control, or eradicate that pest, the court shall also require that the person or organization pay to the state general fund an amount of money to be determined in the discretion of the court upon advice of the department, based upon the cost of the development and implementation of the program.

     [(e)] (d)  The department may, at its discretion, refuse entry, confiscate, or destroy any prohibited articles or restricted articles that are brought into the State without a permit issued by the department, or order the return of any plant, fruit, vegetable, or any other article infested with pests to its place of origin or otherwise dispose of it or such part thereof as may be necessary to comply with this chapter.  Any expense or loss in connection therewith shall be borne by the owner or the owner's agent.

     [(f)] (e)  Any person or organization that voluntarily surrenders any prohibited animal or any restricted plant, animal, or microorganism without a permit issued by the department, prior to the initiation of any seizure action by the department, shall be exempt from the penalties of this section.

     [(g)] (f)  For purposes of this section, "intent to propagate" shall be presumed when the person in question is found to possess, transport, harbor, or import:

     (1)  Any two or more animal specimens of the opposite sex that are prohibited or restricted, without a permit, or are a pest designated by statute or rule;

     (2)  Any three or more animal specimens of either sex that are prohibited or restricted, without a permit, or are a pest designated by statute or rule;

     (3)  Any plant or microorganism having the inherent capability to reproduce and that is restricted, without a permit; or

     (4)  Any specimen that is in the process of reproduction."

     SECTION 18.  Section 150A-53, Hawaii Revised Statutes, is amended to read as follows:

     "§150A-53  General actions to achieve objectives.  (a)  To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations or through funding from other sources, implement the following:

     (1)  Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State;

     (2)  Establish, operate, or participate in operating port‑of-entry facilities where multiple government agencies may inspect, quarantine, fumigate, disinfect, destroy, or exclude as appropriate, articles that may harbor pests or exclude articles that are prohibited or restricted without a permit, with the goals of:

          (A)  Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and for cargo owners, carriers, and importers; and

          (B)  Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection;

     (3)  Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and, as appropriate, eradicate or seize and dispose of prohibited or restricted organisms without a permit that have entered the State;

     (4)  Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop joint integrated systems to better implement the biosecurity program;

     (5)  Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates;

     (6)  Promote the production of agricultural commodities in the State to reduce cargo shipments of imported commodities into the State; and

     (7)  Provide public education on the negative effects of pests and prohibited or restricted organisms without a permit, to the environment and economy of the State.

     (b)  The department shall establish parameters and construction requirements for biosecurity facilities that provide for and ensure the safety of agricultural and food commodities consumed by Hawaii residents, including cold storage facilities established by private-public partnerships to preserve the quality and ensure the safety of the commodities arriving at the State's airports and harbors.

     (c)  The plant nursery licensing program established under part    :

     (1)  Shall be considered to be a part of the biosecurity program; and

     (2)  May be administered and enforced using the officials of and funds available to the biosecurity program."

PART IV

     SECTION 19.  Chapter 152, Hawaii Revised Statutes, is amended by adding nine new sections to be appropriately designated and to read as follows:

     "§152-A  Noxious weed designations; changes.  (a)  The board:

     (1)  At meetings held in May and November of each year, shall accept applications for noxious weed designations for consideration; and

     (2)  May accept applications at meetings held at other times of year;

provided that the board shall provide timely notice to the public of the board's meetings and the board's acceptance of applications.

     (b)  The board shall accept applications in any form, including electronic applications, as permitted by the chairperson.

     (c)  The chairperson:

     (1)  Shall review each application;

     (2)  May seek additional information from the applicant;

     (3)  May conduct additional research related to an application, including research of literature reviews, surveys, discussions with other states, and field investigations;

     (4)  May submit to the advisory committee on plants and animals established under section 150A-10, and any subcommittee of that committee, an application for review for the purposes of assisting the board in considering the application;

     (5)  Shall consider all oral and written comments submitted under section 152-C and may incorporate those comments in the chairperson's review of the application; and

     (6)  Shall make a recommendation to the board regarding each application.

     (d)  The board shall vote on each change to a noxious weed designation requested in an application at the subsequent meeting timely held after the period for public notification and input described in section 152-C.

     (e)  Upon approval by the board of a change to a noxious weed designation, the order to make that change to the noxious weed designation shall take effect ten days after the department posts public notice of the order in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide and on the department's publicly available website.

     (f)  Nothing in this section shall be construed to prevent the department or board from considering an action related to a noxious weed on an expedited or emergency basis at any time.

     §152-B  Applications.  (a)  Any person or the department may submit an application seeking a change to noxious weed designations.

     (b)  An application shall be submitted for the board's consideration at a meeting as described in section 152-A(a).

     (c)  Each application shall include:

     (1)  The name, address, and contact information of the applicant;

     (2)  A description of the applicant's requested change to the noxious weed designation;

     (3)  Evidence that the board may use to determine if the requested change will be made; and

     (4)  Any other information the chairperson may reasonably require, as specified on a form provided by the chairperson.

     (d)  An application to designate a new taxon as a noxious weed shall include:

     (1)  The taxon's:

          (A)  Scientific name and author;

          (B)  Common synonyms;

          (C)  Botanical classification; and

          (D)  Common names;

     (2)  The class of noxious weed requested for the taxon;

     (3)  A description of the geographic area in the State that is free or reasonably free of the taxon;

     (4)  Information describing how the taxon can directly or indirectly injure or cause damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment; and

     (5)  A list of references to support the information provided in the application.

     (e)  An application to remove the noxious weed designation for a plant taxon shall include evidence that the plant:

     (1)  Cannot directly or indirectly injure or cause damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment; or

     (2)  Is eligible for special consideration for crops under section 152-F.

     (f)  An application to change the class of a noxious weed designation shall include evidence that the noxious weed meets the description of the proposed class as established in section 152-4.

     §152-C  Public notification and input for changes to noxious weed designations.  (a)  No later than fourteen days after an application is submitted at a board meeting pursuant to section 152-A, the chairperson shall issue a press release and provide notice to the office of planning and sustainable development for publication and to each person who has made a timely written request to the department for notice of an application.  The press release and notices shall include:

     (1)  A statement summarizing each change to a noxious weed designation requested in an application;

     (2)  A statement that a copy of the application will be mailed to any interested person who requests a copy upon payment in advance of costs for photocopying, preparing, and mailing the copy and that a copy of the application will be made available on the department's publicly available website;

     (3)  A statement as to where to obtain a copy of the application for inspection or for pickup after payment in full for costs for photocopying and preparing; and

     (4)  A statement that the department is soliciting comments regarding the requested change to a noxious weed designation, which shall include the procedure for submitting comments.

     (b)  During the three-month period after an application is submitted at a board meeting, any interested person, educational institution, or government entity may:

     (1)  Provide oral comments on the application at any regularly scheduled meeting of the board; and

     (2)  Provide written comments on the application to the board and the chairperson.

     §152-D  Emergency designations.  (a)  Notwithstanding any other provision of this chapter or any other law to the contrary:

     (1)  If the department finds an incipient infestation of a plant taxon is directly or indirectly injuring or causing damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment without immediate action, the department may proceed without prior notice or upon a minimum of forty-eight hours notice and hearing to adopt an emergency rule for the eradication of that infestation;

     (2)  An emergency rule described in paragraph (1) shall be effective for a period no longer than one hundred eighty days, without the possibility of renewal; and

     (3)  The department may establish, implement, and enforce interim rules governing the transportation of noxious weeds or taxa eligible for noxious weed designation into or within the State, as provided in section 150A-9.5.

     (b)  During the period that an emergency rule is in effect pursuant to subsection (a), the chairperson shall make an application for the board to order on an expedited basis the designation of the taxon as a noxious weed.

     §152-E  Publication of noxious weed designations.  The chairperson shall make available to the public and publish on the department's publicly available website the list of noxious weed designations designated under this chapter.  The list shall include:

     (1)  Information on which noxious weeds are respectively designated as class A, class B, and class C noxious weeds; and

     (2)  The geographic area declared free or reasonably free of each noxious weed.

     §152-F  Special consideration for crops.  (a)  The board may defer designating a plant taxon as a noxious weed or removing a noxious weed designation from a plant taxon if the plant taxon:

     (1)  Is, or is intended to be, commercially cultivated in the State as a crop; and

     (2)  Is, or will be, cultivated using practices that prevent it from directly or indirectly injuring or causing damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment.

     (b)  The board may require conditions, including a bond or a compliance agreement, for the cultivation of a plant taxon for which the board has deferred a designation or removed from designation pursuant to subsection (a).

     (c)  The board shall designate as a noxious weed a plant taxon that is cultivated as a crop for which the board deferred a designation or removed from designation pursuant to subsection (a) if the plant becomes invasive or is otherwise no longer as described in subsection (a)(2).

     §152-G  Noxious weed control or eradication programs.  (a)  The chairperson may develop and implement a program to control or eradicate a specific noxious weed if the chairperson determines that the control or eradication program is feasible and practicable.

     (b)  Each control or eradication program developed under subsection (a) shall:

     (1)  Use the best available technology and use the technology in a manner consistent with federal and state law;

     (2)  Specify the geographic area where the program will be carried out, which may be a section of an island, an island, a group of islands, or the entire State;

     (3)  Minimize collateral damage to crops, property, the environment, and native species;

     (4)  Include a description of the specific methods to be employed to control or eradicate the noxious weed;

     (5)  Include a description of the surveys and monitoring that will be required before and after the specific methods to control or eradicate are employed;

     (6)  Include an assessment of whether the department will seek any quarantine related to the control or eradication program; and

     (7)  Include an approximate time frame to carry out the control or eradication program.

     (c)  If the department or any agent of the department needs to enter onto private property to conduct detection and delimitation surveys or otherwise carry out or maintain the control or eradication program, but the landowner or land occupier of the property refuses to grant entry to the department or its agent, the department or agent may gain entry pursuant to section 141‑3.6 to the extent necessary to carry out or maintain the control or eradication program, unless the property is a dwelling place.

     (d)  The chairperson may seek the board's approval for a control or eradication program developed under this section if the chairperson believes that the board's approval is likely to make the program more successful.

     (e)  This section shall not apply to efforts by the department to control a noxious weed using only the release of a biological control agent.

     §152-H  Noxious weed control on leased state lands.  Any person that leases state lands for livestock grazing or any agricultural purpose shall agree in the lease agreement to control any noxious weed on those lands to the extent required by the department.

     §152-I  Penalties.  (a)  The department may establish, impose, and collect administrative fines or bring legal action to recover administrative costs of the department, payment for damages, or costs to correct damages resulting from violations of this chapter or any rule adopted under this chapter.

     (b)  The department, at its discretion, may refuse entry into the State of, confiscate, or destroy any noxious weed or article infested with a noxious weed that a person brings or attempts to bring into the State or that is offered for sale, sold, or transported in violation of this chapter, or, in the case of importation, order the return of any noxious weed or any article infested with a noxious weed to its place of origin or otherwise dispose of it or a part thereof as may be necessary to comply with this chapter.

     (c)  The State shall not be responsible for any economic loss or damages related to any actions by the department pursuant to this chapter, including the treatment, quarantine, destruction, or return of any article."

     SECTION 20.  Section 152-1, Hawaii Revised Statutes, is amended as follows:

     1.  By adding five new definitions to be appropriately inserted and to read:

     ""Agent of the department" means any person authorized to act on behalf of the department.

     "Application" means an application seeking a change to the noxious weed designation.

     "Board" means the board of agriculture.

     "Chairperson" means the chairperson of the board of agriculture.

     "Noxious weed designation" means a designation on the list of noxious weeds."

     2.  By amending the definition of "control noxious weed" to read:

     ""Control noxious weed" means to limit the spread of a specific noxious weed, including quarantining material infested with the noxious weed, and to reduce its density to a degree where its injurious, harmful, or deleterious effect is reduced to a tolerable level."

     3.  By amending the definition of "eradicate noxious weed" to read:

     ""Eradicate noxious weed" means to completely destroy and eliminate existing plant growth, seeds, and vegetative reproductive plant parts of a specific noxious weed from a given locality.  "Eradicate noxious weed" includes quarantining material infested with the noxious weed."

     4.  By amending the definition of "noxious weed" to read:

     ""Noxious weed" means any plant [species which is, or which may be likely to become, injurious, harmful, or deleterious to the agricultural, horticultural, aquacultural, or livestock industry of the State and to forest and recreational areas and conservation districts of the State, as determined and designated by the department from time to time.] or plant product that can directly or indirectly injure or cause damage to crops, including, nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment."

     SECTION 21.  Section 152-2, Hawaii Revised Statutes, is amended to read as follows:

     "§152-2  Rules.  Subject to chapter 91, the department may [make] adopt rules [to effectuate] necessary for the purposes of this chapter[, including but not limited to the following:

     (1)  Establishment of criteria and procedures for the designation of plant species as noxious weeds for the purposes of this chapter;

     (2)  Establishment of procedures and conditions for the initiation of cooperative agreements with landowners and land occupiers for the purpose of eradicating or controlling noxious weed infestations;

     (3)  Control or eradication of noxious weeds when deemed economically feasible]."

     SECTION 22.  Section 152-3, Hawaii Revised Statutes, is amended to read as follows:

     "§152-3  Prohibited and permitted acts.  [It] (a)  Except as provided in subsection (b), it shall be unlawful to [introduce or to transport specific] import into the State or sell, offer for sale, or transport within the State noxious weeds or their seeds or vegetative reproductive parts [into any area designated pursuant to section 152-5 as free or reasonably free of those noxious weeds; provided that the introduction or transportation of those noxious weeds may be permitted for educational or research purposes when authorized by a permit issued by the department].

     (b)  The prohibition in subsection (a) shall not apply to:

     (1)  A plant part that is processed, not vegetatively propagative, or otherwise not capable of reproducing the plant;

     (2)  The movement of a properly prepared herbarium specimen;

     (3)  The movement of plant material by authorized employees of the department or an agent of the department acting in the course of official duties;

     (4)  A noxious weed imported for research pursuant to a permit issued by the chairperson; or

     (5)  A noxious weed transported for educational or research purposes or for proper disposal of removed material under methods approved by, or pursuant to a permit issued by, the chairperson.

     (c)  The department may establish fees for permits issued under this section."

     SECTION 23.  Section 152-4, Hawaii Revised Statutes, is amended to read as follows:

     "§152-4  Designation of noxious [weed.] weeds; classes of noxious weeds.  (a)  The [department] board may designate certain plant [species] taxa as noxious weeds [following the criteria and procedures established under section 152-2(1).] pursuant to this chapter and rules adopted pursuant to this chapter.

     (b)  The department shall publish and make available on its website a list of noxious weeds [to interested persons.] designated pursuant to this chapter.

     (c)  A plant taxon shall be designated as a noxious weed if the board determines that the plant could directly or indirectly injure or cause damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment.

     (d)  The board shall designate each noxious weed as a class A, class B, or class C noxious weed; provided that in determining the class to which a noxious weed should be designated, the following standards shall apply:

     (1)  Class A noxious weeds:

          (A)  Are not known to occur or are of very limited distribution in the State;

          (B)  Are a high priority for control or eradication if an infestation was discovered in the State; and

          (C)  When detected, shall be subject to control or eradication actions by the department or an agent of the department, subject to the availability of funds;

     (2)  Class B noxious weeds:

          (A)  Are known to occur in the State but are of limited distribution on one or more islands;

          (B)  Are a high priority for control or eradication in a given area; and

          (C)  Shall be managed on a priority basis, by the department or an agent of the department, as resources allow; and

     (3)  Class C noxious weeds are those noxious weeds that are not class A or class B noxious weeds."

     SECTION 24.  Section 152-5, Hawaii Revised Statutes, is amended to read as follows:

     "§152-5  Designation of areas declared free or reasonably free of noxious weeds.  (a)  The [department] board may declare the entire State, an island, or a section of an island as free or reasonably free of a specific noxious weed.  The department shall take necessary measures to restrict the introduction and establishment of specific noxious weeds in areas declared free or reasonably free of those noxious weeds.

     (b)  A change to the geographic area declared free or reasonably free of a specific noxious weed shall be made by order of the board under the procedures for a change to a noxious weed designation set out in this chapter."

     SECTION 25.  Section 152-6, Hawaii Revised Statutes, is amended to read as follows:

     "§152-6  Duties of the department; noxious weed control and eradication.  (a)  The department shall maintain a constant vigilance for incipient infestations of specific noxious weeds [on islands] in locations declared reasonably free from those weeds, and shall use those procedures and methods to control or eradicate the infestations of noxious weeds as are determined to [be]:

     (1)  Be feasible and practicable[.]; and

     (2)  Minimize collateral damage to crops, property, the environment, and native species.

     (b)  [When the] The department [determines that an infestation of a certain noxious weed exists on an island declared reasonably free from the weed, the department shall immediately conduct investigations and surveys as are necessary to determine the feasibility and practicability of controlling or eradicating the infestation.  The department may also conduct investigations and surveys to determine the feasibility and practicability of controlling widespread noxious weed infestations.  The methods of control or eradication adopted by the department for any noxious weed infestation shall cause as little damage to crops and property as possible.] or an agent of the department:

     (1)  Shall conduct detection and delimitation surveys of noxious weeds, and to the extent necessary and permitted by law, shall access private property in areas declared reasonably free from those weeds;

     (2)  Shall determine the feasibility and practicability of controlling or eradicating infestations; and

     (3)  May conduct control or eradication actions in any area of the State, as determined appropriate by the chairperson.

     (c)  Upon determining that control or eradication of an infestation is practicable and feasible, the department shall immediately serve notice, either oral or written, on both the landowner [of the property] and the [occupant] land occupier of the property [on] upon which the infestations exist.  Written notice sent to the landowner's address last known to the department by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice.  [In the event that] If certified mail is impractical because the department, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice.  The notice shall set forth all pertinent information with respect to the infestation and notify the landowner and the land [occupant] occupier of the procedure and methods of control or eradication.

     (d)  [Upon the department's notification pursuant to subsection (c) above, the] The department or an agent of the department may [enter into a cooperative agreement with the landowner and land occupier for the control or eradication of the noxious weed infestation.  The procedures and conditions for executing the cooperative agreement shall be in accordance with rules adopted under section 152-2(2).] assist, free of cost, in the control or eradication of noxious weeds, subject to the availability of funds.

     (e)  [Upon the department's notification pursuant to subsection (c) above, the] The department may [entirely undertake the eradication or control project when it has been determined that the owner, occupier, or lessee of the land on which the noxious weed infestation is located will not benefit materially or financially by the control or eradication of the noxious weed; or when the noxious weed infestation is on state‑owned land not leased or under control of private interest.] work cooperatively with a landowner or land occupier to provide chemicals, materials, equipment, personnel, and services to the land owner or land occupier to assist with the control or eradication of noxious weeds on private property.

     (f)  Assistance provided by the department to control or eradicate noxious weeds in the State may include the appropriate distribution and release of beneficial insects, pathogens, and other biological control agents for the control or eradication of noxious weeds."

     SECTION 26.  No later than two years after the effective date of this Act, the department of agriculture shall adopt rules and implement the plant nursery licensing program established by section 7 of this Act.  During those two years, a person may sell nursery stock without a license issued pursuant to that program.

PART V

     SECTION 27.  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 28.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 29.  In codifying the new sections added by sections 7 and 19 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 30.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 31.  This Act shall take effect on July 1, 3000.

 

 

Report Title:

DOA; Invasive Species; Pests; Taxa; Control and Eradication; Quarantine; Plant Nursery Licensing; Noxious Weeds

 

Description:

Requires the Department of Agriculture to designate certain species as pests, and periodically update taxa designated as pests, for control or eradication and develop and implement a control or eradication program for each designated pest but, if the Department fails to do so, authorizes the applicable county to develop or implement the program.  Establishes a plant nursery licensing program to regulate the sale of nursery stock.  Prohibits the import of any material infested or infected with a pest or that is a pest unless imported under an appropriate permit or compliance agreement and amends the Department of Agriculture's authority to impose other limits on imports and transportation.  Amends the method by which the Board of Agriculture makes and updates noxious weed designations and clarifies responsibilities for the control or eradication of noxious weeds.  Effective 7/1/3000.  (HD2)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.