Bill Text: HI SR164 | 2024 | Regular Session | Amended
Bill Title: Requesting The Office Of The Auditor To Conduct A Performance Audit Of The Plant Pest Control Branch And Plant Quarantine Branch Within The Plant Industry Division Of The Department Of Agriculture.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2024-04-04 - Report and Resolution Adopted, as amended (SD 1). [SR164 Detail]
Download: Hawaii-2024-SR164-Amended.html
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THE SENATE |
S.R. NO. |
164 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE RESOLUTION
REQUESTING THE OFFICE OF THE AUDITOR TO CONDUCT A PERFORMANCE AUDIT OF THE PLANT PEST CONTROL BRANCH AND PLANT QUARANTINE BRANCH WITHIN THE PLANT INDUSTRY DIVISION OF THE DEPARTMENT OF AGRICULTURE.
WHEREAS, the establishment and spread of invasive species is harmful to agriculture, native biota, public health, and the economic well-being of the State; and
WHEREAS, the State's mandated biosecurity program established in 2008, pursuant to part VI of chapter 150A, Hawaii Revised Statutes, is delivered by the Plant Quarantine Branch within the Plant Industry Division of the Department of Agriculture, which also comprises the Pesticides Branch and Plant Pest Control Branch; and
WHEREAS, the Plant Quarantine Branch inspects plants, insects, microorganisms, and non-domestic animals that are imported and certifies plants for export; the Pesticides Branch regulates the manufacture, sale, and use of pesticides; and the Plant Pest Control Branch not only inspects and certifies seeds, but also eradicates, contains, or controls pests of plants that could cause significant economic damage to Hawaii's agriculture, environment, and quality of life; and
WHEREAS, the Office of the Auditor, pursuant to Act 243, Session Laws of Hawaii 2016, conducted a financial and performance audit of the duties and facilities of the Plant Quarantine Branch, including the Branch's biosecurity programs and related programs and submitted Report No. 17-05, entitled "Audit of Hawaiʻi Department of Agriculture's Plant Quarantine Branch" to the Legislature; and
WHEREAS, pursuant to section 150A-57, Hawaii Revised Statutes, the Department of Agriculture is required to submit an annual report on the biosecurity program to the Legislature no later than twenty days prior to the convening of each regular session of the Legislature; and
WHEREAS, the Department of Agriculture has failed to produce to the Thirty-Second Legislature, 2024, an annual report on the biosecurity program pursuant to section 150A-57, Hawaii Revised Statutes; and
WHEREAS, Report No. 17-05 found that the Plant Quarantine Branch not only lacked the data gathering and data analysis functions necessary to actively and continuously assess risks from invasive species, but also the organizational framework necessary to manage and communicate risks from invasive species. The report states, in part, that while food and farm product imports continue to rise, Plant Quarantine Branch staffing levels have still not recovered from a 2009 reduction-in-force that cut thirty-seven positions, most of which were Inspector I through III positions; and provided seven recommendations to the Department of Agriculture and the Plant Quarantine Branch, collectively; and
WHEREAS, pursuant to section 23-7.5, Hawaii Revised Statutes, the Auditor reviewed the implementation status of its seven recommendations in 2020, and submitted Report No. 20-12, entitled "Follow Up on Recommendations from Report No. 17-05, Audit of Hawaiʻi Department of Agriculture's Plant Quarantine Branch" to the Legislature, finding that the Plant Quarantine Branch implemented one recommendation, partially implemented five recommendations, and has not implemented one recommendation; and
WHEREAS, it has been stated in several legislative hearings and informational briefings during the Thirty-Second Legislative Session, that the Plant Pest Control Branch has been utilizing staff and operational capacity from the Plant Quarantine Branch to carry out its duties; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the Office of the Auditor is requested to conduct a performance audit of the Plant Pest Control Branch and Plant Quarantine Branch (Branches) within the Plant Industry Division of the Department of Agriculture; and
BE IT FURTHER RESOLVED that the performance audit is requested to evaluate the efficiency and effectiveness of the Branches in carrying out their statutory responsibility to control and eradicate pests within the State, including via enforcement actions; specifically in:
(1) Adopting rules pursuant to section 141-2, Hawaii Revised Statutes;
(2) Designating pests for control or eradication, including any emergency designation of a pest for control or eradication, pursuant to section 141-3(a) and (c), Hawaii Revised Statutes;
(3) Providing assistance to individuals for the control or eradication of insects, mites, diseases, noxious weeds, or other pests pursuant to section 141-3(b), Hawaii Revised Statutes;
(4) Developing and implementing a detailed control or eradication program pursuant to section 141-3.5(a) and (b), Hawaii Revised Statutes, for each pest designated for control or eradication;
(5) Identifying best practices for the treatment of little fire ants and posting those practices on the website of the Department of Agriculture pursuant to section 141-3.5(c), Hawaii Revised Statutes;
(6) Conducting pest control or eradication programs on private property pursuant to section 141-3.6, Hawaii Revised Statutes;
(7) Controlling invasive plants by designating certain plant species as noxious weeds pursuant to section 152-4, Hawaii Revised Statutes;
(8) Preventing the introduction and establishment of noxious weeds in areas declared free or reasonably free of those noxious weeds pursuant to section 152-5, Hawaii Revised Statutes; and
(9) Controlling or eradicating noxious weeds pursuant to section 152-6, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that the performance audit also is requested to evaluate the efficiency and effectiveness of the Plant Quarantine Branch in carrying out its statutory responsibilities to prevent the introduction of, and to control and eradicate, pests within the State, including via enforcement actions; specifically in:
(1) Implementing a risk analysis process to define and respond to threats of invasive species introduction;
(2) Incorporating data-driven elements to monitor, evaluate, adjust, and improve inspection activities and rules adopted pursuant to section 141-2, Hawaii Revised Statutes;
(3) Implementing and operating an up-to-date database system that houses important taxonomic data, communicates with other databases, and supports an e‑manifest program;
(4) Determining the personnel necessary to implement and operate a data-driven biosecurity program;
(5) Developing appropriate policies and procedures to ensure that the Plant Quarantine Branch inspectors carry out the Hawaii Interagency Biosecurity Plan;
(6) Providing the appropriate training to the Plant Quarantine Branch staff;
(7) Periodically reviewing and updating policies and procedures to ensure continued relevance;
(8) Developing an electronic process for submission of permit applications under chapter 150A, Hawaii Revised Statutes;
(9) Processing applications for biocontrol organisms under chapter 150A, Hawaii Revised Statutes;
(10) Developing a list of restricted plants requiring a permit to enter the State pursuant to section 150A-6.1(a), Hawaii Revised Statutes;
(11) Developing a list of restricted 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 pursuant to section 150A-6.1(b), Hawaii Revised Statutes;
(12) Preventing the sale and transportation of pests and commodities infested with a pest pursuant to section 150A-8 and rules adopted pursuant to section 141-2, Hawaii Revised Statutes;
(13) Adopting other rules pursuant to section 141-2, Hawaii Revised Statutes; and
(14) Cooperating with the Department of the
Attorney General to provide information on persons who may be eligible for a
penalty under section 150A-14, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that the Auditor is requested to submit a report of their findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2025; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Auditor and Chairperson of the Board of Agriculture.
Office of the Auditor; Performance Audit; Department of Agriculture; Plant Industry Division; Pest Control Branch; Plant Quarantine Branch
