HB1854

SECTION 1. The legislature finds that little fire ants threaten human health, wildlife, agriculture, and tourism. Since first discovered on the island of Hawaii in 1999, little fire ants have been spreading rapidly throughout the State. There are now little fire ant populations on Kauai, Maui, and Oahu.

The legislature further finds that the Hawaii Ant Lab's methods for treating little fire ants have been successful in controlling infestations on properties of homeowners and farmers. The Hawaii Ant Lab uses a dual approach of applying insect growth regulators followed by a barrier treatment. This method, which targets the source of the infestation and kills the queen and causes colony collapse, reduces the likelihood that this invasive species will spread.

The legislature also finds that pest control operators in the State are not required by law to use the Hawaii Ant Lab's approach when treating little fire ants. There are reports that some pest control operators do not employ these methods and opt to spray contact insecticides in lieu of using the Hawaii Ant Lab treatment strategy. By using less effective methods that do not completely eradicate the infestation, pest control operators create permanent customers who continue to require repeat service as more little fire ants return. The legislature recognizes that untreated little fire ant nests can grow and spread to surrounding properties, thereby further exacerbating the problems and creating a much bigger challenge for mitigation efforts.

The purpose of this Act is to control the spread of little fire ants in the State by:

(1) Requiring the use of best practices, as identified by the department of agriculture and Hawaii Ant Lab, for the treatment of little fire ants by pest control operators;

(2) Authorizing the department of agriculture and the pest control board to adopt rules to carry out the requirement; and

(3) Requiring the posting of the best practices, and any rules that may be adopted by the department of agriculture and the pest control board, on the websites of the department of agriculture and the pest control board.

SECTION 2. 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 designated in section 141-3, using the best available technology in a manner consistent with state and federal law.

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

(1) May adopt rules to identify best practices for the purposes of section 460J-3(a)(3); and

(2) Shall post on its website best practices identified by the department of agriculture and Hawaii Ant Lab for the treatment of little fire ants by pest control operators and any rules adopted by the department of agriculture to identify best practices for the purposes of section 460J-3(a)(3)."

SECTION 3. Section 460J-3, Hawaii Revised Statutes, is amended to read as follows:

"§460J-3 Powers and duties of board. (a) In addition to any other powers and duties authorized by law, the board shall:

(1) Grant licenses to pest control operators pursuant to this chapter;

(2) Adopt, amend, or repeal rules as it may deem necessary to effectuate this chapter and carry out the purpose thereof which purpose is the protection of the general public. All rules shall be adopted pursuant to chapter 91. The rules shall:

(A) Forbid acts or practices deemed by the board to be detrimental to the accomplishment of the purpose of this chapter;

(B) Require pest control operators to [~~make~~]:

(i) Make reports to the board containing items of information that will enable the board to improve the enforcement of this chapter and its rules to fully effectuate the purposes of this chapter;

[~~(C)~~ ~~Require operators to furnish~~] and

(ii) Furnish reports to owners containing matters of information as the board deems necessary to promote the purpose of this chapter;

[~~(D)~~] (C) Require liability and workers' compensation insurance verification for license renewals; and

[~~(E)~~] (D) Provide for the development of an enforcement information reporting system;

(3) Require pest control operators to use best practices identified by the department of agriculture and Hawaii Ant Lab for the treatment of little fire ants;

[~~(3)~~] (4) Enforce this chapter and rules adopted pursuant thereto;

[~~(4)~~] (5) Suspend or revoke any license for any cause prescribed by this chapter, or for any violation of the rules, and refuse to grant any license for any cause that would be grounds for revocation or suspension of a license; and

[~~(5)~~] (6) Direct the executive secretary to publish and distribute pamphlets and circulars containing information as it deems proper to further the accomplishment of the purpose of this chapter.

(b) The board, in consultation with the department of agriculture:

(1) May adopt rules to carry out the purposes of subsection (a)(3); and

(2) Shall post on its website best practices identified by the department of agriculture and Hawaii Ant Lab for the treatment of little fire ants by pest control operators and any rules adopted by the board and the department of agriculture to carry out the purposes of subsection (a)(3)."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1854
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII