SB639 SD2

SECTION 1. The legislature finds that conservation organizations in the State are fighting to slow the invasion of alien plants that are spreading from home and commercial landscapes into native forests. The introduction of new plants into Hawaii adds to the growing number of existing invasive species that crowd out native plants and cover open fields.

Under section 150A-6.1, Hawaii Revised Statutes, the department of agriculture is responsible for maintaining a list of restricted plants. The department is currently in the process of developing its restricted plant list pursuant to this section. Under section 152-4, Hawaii Revised Statutes, the department of agriculture is responsible for designating certain plant species as noxious weeds, and is required to publish and provide a list of designated noxious weeds to interested persons. The noxious weed list that is currently available was last revised in 1992. Since then, many new plant species with the potential for causing an infestation have been introduced into Hawaii. Many plant wholesalers and retail outlets located statewide sell these plants to customers for home and commercial landscapes, thus potentially adding to the number of invasive species in the State. The legislature further finds that an increased effort is needed to control or eradicate the expanding number of alien plant species and protect the State's native plant population and agricultural economy.

The purpose of this Act is to:

(1) Prohibit the sale of plants designated as noxious weeds in Hawaii;

(2) Require the department of agriculture to annually review and, as necessary, update its list of noxious weeds; and

(3) Appropriate funds to allow the department of agriculture to review and update, on a regular periodic basis, its lists of noxious weeds and restricted plants, and its rules relating to restricted plants, noxious weeds, and the enforcement thereof.

SECTION 2. Section 150A-6.1, Hawaii Revised Statutes, is amended to read as follows:

"§150A-6.1 Plant import. (a) The board shall maintain a list of restricted plants that require a permit for entry into the State[.], and shall annually review and update the list as necessary. Restricted plants shall not be imported into the State without a permit issued pursuant to rules.

(b) The department shall designate, by rule, as restricted plants, specific plants 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 as noxious weeds are designated as restricted plants.

(c) No person shall import, offer for sale, or sell within the State any of the following plant species, or any portions thereof:

(1) Salvinia molesta [or];

(2) Salvinia minima [~~and~~]; and

(3) Pistia stratiotes [~~plants or portion thereof within the State~~]."

SECTION 3. Section 152-2, Hawaii Revised Statutes, is amended to read as follows:

"§152-2 Rules. Subject to chapter 91, the department [~~may make~~] shall adopt rules to effectuate 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; and

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

SECTION 4. Section 152-3, Hawaii Revised Statutes, is amended to read as follows:

"§152-3 Prohibited acts. No person shall sell within the State any noxious weed or any portions thereof. It shall be unlawful to introduce or to transport specific 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."

SECTION 5. Section 152-4, Hawaii Revised Statutes, is amended to read as follows:

"§152-4 Designation of noxious weed. The department [~~may~~] shall designate certain plant species as noxious weeds following the criteria and procedures established under section 152-2(1). The department shall publish and [~~make available~~] provide a list of noxious weeds to interested persons[.] and shall annually review and update this list as necessary."

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the department of agriculture to annually review and update its lists of noxious weeds and restricted plants as necessary, and amend its rules relating to restricted plants imported into Hawaii, noxious weeds, and the enforcement theory.

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

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval; provided that section 6 shall take effect on July 1, 2007.

THE SENATE	S.B. NO.	639
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII