HB450 HD1

SECTION 1. Chapter 141, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§141-A Agricultural emergencies. (a) If the board of agriculture determines that an adverse effect on Hawaii's agricultural industry resulting from world conflict, terrorist threat, natural disaster, or outbreak of disease, regardless of when or where occurring, may result in substantial interruption of commerce and crop production to the State and adversely affect the welfare of the people of the State, the board of agriculture shall submit a request to the governor to declare that an emergency exists, as defined under section 125-1 pertaining to agriculture, an agricultural emergency.

(b) Upon declaration by the governor that an agricultural emergency exists pursuant to subsection (a) and consistent with chapter 127A, the department of agriculture shall develop and implement measures to respond to the agricultural emergency.

§141-B Agricultural emergency trust fund. (a) There is established outside the state treasury, a trust fund to be known as the agricultural emergency trust fund to be administered by the board of agriculture as trustee of the trust fund and into which shall be deposited:

(1) Any moneys appropriated by the legislature;

(2) Any moneys received from gifts, grants, or other contributions of money; and

(3) All interest earned or accrued on moneys in the trust fund.

Any balance in the trust fund at the end of a fiscal year shall be carried forward to the next fiscal year.

(b) Moneys in the trust fund shall be used exclusively to provide for the implementation of emergency measures to respond to any adverse effects on the agricultural industry resulting from world conflict, terrorist threat, natural disaster, or the outbreak of disease that may result in substantial interruption of commerce and crop production in the State and adversely affect the welfare of the people of the State pursuant to section 141-A.

(c) Use of the trust fund under this section shall be provided for in articles, bylaws, resolutions, or other instruments executed by the board of agriculture as trustee of the trust fund.

(d) The board of agriculture shall submit a report to the legislature no later than twenty days prior to the convening of each regular session to provide an accounting of the receipts and expenditures of the trust fund."

SECTION 2. Section 141-1, Hawaii Revised Statutes, is amended to read as follows:

"§141-1 Duties in general. The department of agriculture shall:

(1) Gather, compile, and tabulate, from time to time, information and statistics concerning:

(A) Entomology and plant pathology: Insects, scales, blights, and diseases injurious or liable to become injurious to trees, plants, or other vegetation, and the ways and means of exterminating pests and diseases already in the State and preventing the introduction of pests and diseases not yet here; and

(B) General agriculture: Fruits, fibres, and useful or ornamental plants and their introduction, development, care, and manufacture or exportation, with a view to introducing, establishing, and fostering new and valuable plants and industries;

(2) Encourage and cooperate with the agricultural extension service and agricultural experiment station of the University of Hawaii and all private persons and organizations doing work of an experimental or educational character coming within the scope of the subject matter of chapters 141, 142, and 144 to 150A, and avoid, as far as practicable, duplicating the work of those persons and organizations;

(3) Enter into contracts, cooperative agreements, or other transactions with any person, agency, or organization, public or private, as may be necessary in the conduct of the department's business and on such terms as the department may deem appropriate; provided that the department shall not obligate any funds of the State, except the funds that have been appropriated to the department. Pursuant to cooperative agreement with any authorized federal agency, employees of the cooperative agency may be designated to carry out, on behalf of the State the same as department personnel, specific duties and responsibilities under chapters 141, 142, 150A, and rules adopted pursuant to those chapters, for the effective prosecution of pest control and animal disease control and the regulation of import into the State and intrastate movement of regulated articles;

(4) Secure copies of the laws of other states, territories, and countries, and other publications germane to the subject matters of chapters 141, 142, and 144 to 150A, and make laws and publications available for public information and consultation;

(5) Provide buildings, grounds, apparatus, and appurtenances necessary for the examination, quarantine, inspection, and fumigation provided for by chapters 141, 142, and 144 to 150A; for the obtaining, propagation, study, and distribution of beneficial insects, growths, and antidotes for the eradication of insects, blights, scales, or diseases injurious to vegetation of value and for the destruction of injurious vegetation; and for carrying out any other purposes of chapters 141, 142, and 144 to 150A;

(6) Develop and implement emergency measures to respond to any adverse effects on Hawaii's agricultural industry pursuant to section 141-A and consistent with chapter 127A;

[~~(6)~~] (7) Formulate and recommend to the governor and legislature additional legislation necessary or desirable for carrying out the purposes of chapters 141, 142, and 144 to 150A;

[~~(7)~~] (8) Publish at the end of each year a report of the expenditures and proceedings of the department and of the results achieved by the department, together with other matters germane to chapters 141, 142, and 144 to 150A and that the department may deem proper;

[~~(8)~~] (9) Administer a program of agricultural planning and development, including the formulation and implementation of general and special plans, including but not limited to the functional plan for agriculture; administer the planning, development, and management of the agricultural park program; plan, construct, operate, and maintain the state irrigation water systems; review, interpret, and make recommendations with respect to public policies and actions relating to agricultural land and water use; assist in research, evaluation, development, enhancement, and expansion of local agricultural industries; and serve as liaison with other public agencies and private organizations for the above purposes. In the foregoing, the department shall act to conserve and protect agricultural lands and irrigation water systems, promote diversified agriculture, increase agricultural self-sufficiency, and ensure the availability of agriculturally suitable lands; and

[~~(9)~~] (10) Manage, administer, and exercise control over any public lands, as defined under section 171-2, that are designated important agricultural lands pursuant to section 205-44.5, including but not limited to establishing priorities for the leasing of these public lands within the department's jurisdiction."

SECTION 3. 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 2019-2020 and the sum of $ or so much thereof as may be necessary for fiscal year 2020-2021 to be deposited into the agricultural emergency trust fund established by this Act.

SECTION 4. There is appropriated out of the agricultural emergency trust fund the sum of $ or so much thereof as may be necessary for fiscal year 2019-2020 and the same sum or so much thereof as may be necessary for fiscal year 2020-2021 to carry out the purposes of the agricultural emergency trust fund established by this Act.

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

SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

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, except that sections 3 and 4 shall take effect on July 1, 2019.

HOUSE OF REPRESENTATIVES	H.B. NO.	450
THIRTIETH LEGISLATURE, 2019		H.D. 1
STATE OF HAWAII