HOUSE OF REPRESENTATIVES	H.B. NO.	228
TWENTY-NINTH LEGISLATURE, 2017		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO INVASIVE PLANTS.

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

     SECTION 1.  Despite the documented impacts of invasive plants to agriculture, the economy, and natural resources in the State, plants that are known to be highly invasive are still legally imported into and sold throughout the State.  Invasive plants have not been added to regulatory lists, in part, due to the complex listing process that was created prior to the development of reliable, objective screening tools.

     The Hawaii pacific weed risk assessment is an objective screening tool, or "background check" for plants, that is ninety-five per cent accurate in identifying plants that will become invasive in Hawaii.  Trained botanists use published information to answer forty-nine questions about a plant's biology, ecology, and behavior in other regions with a similar climate to Hawaii.  Plants with a documented history of being harmful, injurious, or detrimental to agriculture and forests can easily be identified and excluded from Hawaii using this tool.  Over one thousand eight hundred plants have already been screened, and most are safe for Hawaii nurseries and residents to grow.

     The purpose of this Act is to simplify the listing process for the designation of plants to the restricted plants list and the noxious weeds list using an objective rating system, and thereby prevent the importation, sale, and uncontrolled spread of invasive species throughout the State.

     SECTION 2.  Section 141-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The department of agriculture shall designate the coqui frog as a pest.  In addition, the department of agriculture shall designate any plant that has been rated as high risk by the Hawaii pacific weed risk assessment as a pest.  All other pest designations shall be established by rule, including the criteria and procedures for the designation of pests for control or eradication."

     SECTION 3.  Section 150A-2, Hawaii Revised Statutes, is amended by amending the definition of "pest" to read as follows:

     ""Pest" means any plant, 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 determined by the board."

     SECTION 4.  Section 150A-6.1, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) to read as follows:

     "(a)  The board shall maintain a list of restricted plants that are prohibited or require a permit for entry into the State.  Restricted plants or any portion thereof shall not be imported into the State without a permit issued pursuant to rules.  The list shall be updated annually, but at a minimum of at least once every five years.

     (b)  The department shall designate, by rule, as restricted plants, specific plants that [may]:

(1) May be detrimental or potentially harmful to agriculture, horticulture, the environment, or animal or public health[, or that spread];

(2) 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[.]; or

(3) Have been rated as high risk according to the Hawaii pacific weed risk assessment.

In addition, plant species designated by rule as noxious weeds are designated as restricted plants.

     (c)  The department [may] shall regulate [or] and prohibit the sale of [specific] plants on the list of restricted plants by rule[.], unless otherwise permitted by the department and the Hawaii invasive species council."

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

     "§152-4  Designation of noxious weed. The department, on an annual basis, shall automatically designate as noxious weeds any plant species that has been rated as high risk according to the Hawaii pacific weed risk assessment.  The department may designate [certain] additional plant species as noxious weeds following the criteria and procedures established under section 152-2(1).  The department shall publish and make available a list of noxious weeds to interested persons."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 31, 2150.

Report Title:

Invasive Plants; Hawaii Pacific Weed Risk Assessment

Description:

Simplifies the listing process for the designation of plants on the restricted plants list and the noxious weeds list by using the Hawaii Pacific Weed Risk Assessment to prevent the importation, sale, and uncontrolled spread of invasive species.  (HB228 HD2)

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