Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 553 entitled:

begs leave to report as follows:

The purpose of this measure is to require the Department of Agriculture to establish criteria and procedures to control or eradicate noxious weeds, as well as pests, and to adopt emergency rules if a noxious weed infestation requires immediate action, whether or not the weed directly impacts agricultural interests.

The measure also conforms the term "pest" to have the same meaning as found in the plant and non-domestic animal quarantine and microorganism import law (chapter 150A, Hawaii Revised Statutes).

Testimony in support of this measure was submitted by the Nature Conservancy and Pineapple Growers Association of Hawaii. Testimony in support of the measure, but with reservations, was submitted by the Board of Agriculture.

Your Committee heard concerns that the measure, as originally written, was too broad, potentially exposing the Department of Agriculture (Department) to sole responsibility for every conceivable invasive pest to enter or threaten the State. Concerns were also expressed about a possible negative or precluding effect on positive activities by other agencies, groups, or individuals to control invasive species. Although the intent was to provide the Department with flexibility over which pest to eradicate or control, the language caused some confusion. Accordingly, your Committee requested that the Department work with the Nature Conservancy to clarify that language.

Your Committee has therefore amended this measure by including a provision clarifying that this section does not interfere with or supersede the lawful activities of others to control or eradicate invasive pests.

Also, your Committee notes that section 141-3(a), Hawaii Revised Statutes (HRS), already enables the Department, through rulemaking, to determine "the criteria and procedures for the designation of pests for control or eradication." Section 150A-2, HRS, defines "pest" as an organism that is detrimental or potentially harmful "as determined by the board [of agriculture]." Accordingly, your Committee has further amended the measure by removing references to noxious weeds and other specific examples of pests to make clear that the determination of which pests are to be controlled or eradicated rests with the Board of Agriculture.

Other technical, nonsubstantive amendments were made to the measure for purposes of clarity, style, and conformity.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 553, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 553, S.D. 1, and be placed on the calendar for Third Reading.