HB2758 SD1

PART I

SECTION 1. The legislature finds that invasive species collectively present one of the single greatest threats to Hawaii's economy and natural environment, its native species, and the health and lifestyle of Hawaii's people. Impacts of invasive species have been severe, negative, and expensive and have included serious habitat degradation, extinction of native species, increased wildfire risk, increases in the cost of agriculture and livestock production, and many other impacts. For example, the State's horticultural and agricultural industries face a serious threat from the introduction of the plant diseases citrus greening or huanglongbing (Candidatus Liberibacter asiaticus), citrus canker (Xanthomonas axonopodis), citrus black spot (Phyllosticta citricarpa), and fruit flies (species in the family Tephritidae).

The legislature also finds that protecting Hawaii from invasive pests requires more than the mere application of chemicals to each new infestation. Necessary actions include efforts to prevent pests from entering the State and spreading within the State.

The legislature, like the federal government, recognizes the value of preventing the movement of invasive pests. Section 10811 of the Farm Security and Rural Investment Act of 2002 requires the United States Department of Agriculture to inspect all passengers, baggage, cargo, and any other articles moving from Hawaii to other areas of the United States. However, federal law does not require any similar inspections of passengers or material arriving in Hawaii from the continental United States. The legislature believes that the State should have the authority to conduct those inspections if the federal government will not do so.

The legislature finds that if an invasive pest infestation that will seriously impact residents, businesses, or native species is found within the State, the infested material should be contained to prevent the spread of the pest so it does not move across an island. Further, the infested material or area should be treated to control or eradicate the pest. Preventing the spread of invasive species protects agricultural producers and businesses. Preventing the sale of merchandise that is infested with pests addresses the highest-risk situations where unsuspecting consumers purchase pest-infested merchandise and bring the merchandise home, spreading the pest across an island. Notably, there exists a serious danger to the forests and the horticultural and agricultural industries of Hawaii from the introduction of plant pathogens and other pests transported in or on firewood from outside the State, including Agrilus planipennis (emerald ash borer), Anoplophora glabripennis (Asian longhorned beetle), Solenopsis invicta (red imported fire ant), and bark and ambrosia beetles, including Euwallacea species and associated fungal pathogens.

The legislature notes that other states routinely quarantine areas infested with a high impact pest and prevent the sale of infested merchandise. In cases of high impact species, other states quarantine the infested areas. For instance, in June 2023, after the highly invasive giant African land snail was detected north of Miami, the State of Florida declared a quarantine and treatment area of several square miles in Broward County. Florida quarantined the movement of the snails themselves and other materials that could be harboring the snails, including plants, soil, and certain building materials. Florida subsequently commenced a robust program using molluscicide, or snail bait, on properties in the area, followed by multiple surveys to assess the effectiveness of the quarantine and treatment.

In Oregon, the state's agricultural department took steps to eradicate the Japanese beetle, a serious pest of ornamental plants, turfgrass, and crops grown in the state. The department's efforts included the quarantine of yard debris, including grass clippings and plants with soil, and the implementation of sod. The quarantine required residents to contain their yard waste and deliver it to a specific location. The state also treated private property, either with the consent of the landowner or pursuant to an administrative warrant, with appropriate pesticide.

The legislature notes that the prevention of the spread of invasive pests in Hawaii is part of the state department of agriculture's responsibility to promote agriculture in the State. However, the department has limited staff and resources and has not been able to update its administrative rules to adapt to new invasive pests and control methods. The department has not developed a list of restricted plants pursuant to section 150A-6.1, Hawaii Revised Statutes, since that statutory section was enacted on July 1, 2000. Further, the department last updated its list of noxious weeds and their distribution more than thirty years ago. The department has also not had the capacity to add many high impact pests, including the two-lined spittlebug (Prosapia bicincta) that has been devastating ranch lands on Hawaii island since its detection in 2016, to its list of pests for control and eradication, which was last updated in 2008.

The purpose of this Act is to:

(1) Facilitate the control and eradication of invasive species and pests; and

(2) Assist the department of agriculture in carrying out its responsibilities.

PART II

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

"§141-2 Rules. Subject to chapter 91, the department of agriculture shall adopt, amend, and repeal rules not inconsistent with law, for and concerning:

(1) The introduction, transportation, and propagation of trees, shrubs, herbs, and other plants;

(2) The quarantine, inspection, fumigation, disinfection, destruction, or exclusion, either upon introduction into the State, or at any time or place within the State, of any [~~nursery-stock,~~] nursery stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; any nut, fruit, or vegetable; any grain, cereal, or legume in the natural or raw state; any moss, hay, straw, dry-grass, or other forage; any unmanufactured log, limb, or timber; or any other plant growth or plant product unprocessed or in the raw state; any sand, soil, or earth; any live bird, reptile, insect, or other animal, in any stage of development, that is in addition to the so‑called domestic animals, which are provided for in section 142-2; and any box, barrel, crate, or other containers in which the articles, substances, or objects have been transported or contained, and any packing material used in connection therewith, or any other pest host material that is or may be diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental, or likely to become injurious, harmful, or detrimental to the agricultural or horticultural industries or the forests of the State, or the public health and welfare, or that is or may be in itself injurious, harmful, or detrimental to the same; provided that included therein may be rules governing the transportation of any of the articles, substances, or objects enumerated above in this section between different localities on any one of the islands within the State;

(3) The prohibition of importation into the State, from any or all foreign countries or from other parts of the United States, or the shipment from one island within the State to another island therein, or the transportation from one part or locality of any island to another part or locality of the same island, of any [~~specific~~] article, substance, or object or class of articles, substances, or objects[~~, among those enumerated above in this section,~~] that is diseased or infested with insects or likely to assist in the transmission or dissemination of any insect or plant disease injurious, harmful, or detrimental or likely to be injurious, harmful, or detrimental to the agricultural or horticultural industries, or the forests of the State, or that is or may be in itself injurious, harmful, or detrimental to the same;

(4) The preparation by cargo carriers of manifests of cargo transported into the State or between islands of the State and the submission of the manifests to the department;

(5) The establishment, maintenance, and enforcement of compliance agreements with federal or state departments of agriculture authorizing agriculture inspectors from the state of origin in the case of imports to the State, or state agricultural inspectors in the case of state exports, to monitor the growing and packing of plant commodities and any treatment procedures to ensure compliance with quarantine laws, and further authorizing the assessment of fees for conducting inspections required under the compliance agreement; [~~and~~]

(6) The manner in which agricultural product promotion and research activities may be undertaken, after coordinating with the agribusiness development corporation[.]; and

(7) The protection of members of the public and property.

All rules adopted under this section shall have the force and effect of law."

SECTION 3. Section 141-3, Hawaii Revised Statutes, is amended to read as follows:

"§141-3 Designation of pests; control or eradication of pests; emergency power. (a) The department of agriculture shall [~~designate~~]:

(1) Designate the coconut rhinoceros beetle (Oryctes rhinoceros), coqui frog (Eleutherodactylus coqui), little fire ant (Wasmannia auropunctata), and two-lined spittlebug (Prosapia bicincta) as [~~a pest. All other pest designations shall be established by rule, including~~] pests for control or eradication;

(2) Designate, by rule, other taxa as pests for control or eradication, and update designated taxa no less than once every two years; and

(3) Establish, by rule, the criteria and procedures for the designation of pests for control or eradication[.]; provided that criteria shall be written with the understanding that:

(A) Pests designated for control or eradication shall be:

(i) High-risk pests upon which statewide or local control is necessary to prevent serious impacts to native species and the environment; or

(ii) Injurious, deleterious, or likely to become injurious or deleterious to the public health and welfare, private property, or the agricultural, horticultural, aquacultural, or livestock industries of the State; and

(B) Not every invasive species poses a risk that warrants designation of the species as a pest for control or eradication.

(b) The department of agriculture [~~shall~~], so far as reasonably practicable, shall assist, free of cost to [~~individuals,~~] persons, in the control or eradication of insects, mites, diseases, noxious weeds, or other pests or any other taxa injurious to the environment or vegetation of value; and in the investigation, suppression, and eradication of contagious, infectious, and communicable diseases among domestic animals; and shall in like manner distribute to points where needed, beneficial insects, or pathogens and other antidotes for the control of insects, mites, diseases, or other pests or any other taxa injurious to the environment or vegetation of value, and for the control or eradication of vegetation of a noxious character.

(c) Notwithstanding subsection (a), if the department finds the incipient infestation of a pest that has an adverse effect on native species or the environment or that is injurious or deleterious or that is likely to become injurious or deleterious to the public health and welfare, private property, or the agricultural, horticultural, aquacultural, or livestock industries of the State without immediate action, it may proceed without prior notice or upon a minimum of forty-eight hours notice and hearing to adopt an emergency rule for the eradication of the pest [to], or incipient infestation, regardless of whether the pest is currently designated as a pest for control or eradication. The emergency rule shall be effective for a period of [~~not~~] no longer than one hundred eighty days without renewal."

SECTION 4. 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~~] each taxon designated [in] as a pest for control or eradication pursuant to section 141-3, using the best available technology in a manner consistent with state and federal law. Each program shall include actions to prevent the introduction or spread of the pest, including the quarantine of appropriate material within the infested area, treatment to control or eradicate the pest, and outreach to the affected communities.

(b) If the department does not develop and implement a detailed control or eradication program for a taxon designated as a pest for control or eradication pursuant to section 141-3 on an island where the pest is a public nuisance, the applicable county may develop or implement a program for the pest on that island or the impacted area of that island.

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

[~~(c)~~] (d) The department of agriculture:

(1) In conjunction with the Hawaii [~~Ant Lab,~~] ant lab, may identify best practices for the treatment of little fire ants; and

(2) Shall post on its website any best practices identified for the treatment of little fire ants."

SECTION 5. Section 141-3.6, Hawaii Revised Statutes, is amended to read as follows:

"§141-3.6 Entry of private property to control or eradicate any pests. (a) The department of agriculture or applicable county shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property [~~for the control or eradication of a pest.~~] to carry out a control or eradication program developed pursuant to section 141-3.5, including the quarantine of materials. Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. If certified mail is impractical because the department or county, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information on the [~~pest~~] control or eradication program and the procedures and methods to be used for control or eradication.

(b) After notice as required by subsection (a), any member of the department, employee of the county, or any agent authorized by the department or county may enter at reasonable times any private property other than dwelling places to [~~maintain a pest~~] carry out a control or eradication program[,] developed pursuant to section 141-3.5, being liable only for damage caused by acts beyond the scope of the person's authority, or the person's negligence, gross negligence, or intentional misconduct. If [~~entry is refused,~~] the landowner or occupier does not consent, the department member, county employee, or any authorized agent may apply to the district court in the circuit in which the property is located for a warrant to enter on the premises to effectuate the purposes of this chapter. The district court may issue a warrant directing a [~~police~~] law enforcement officer of the circuit to assist the department member, county employee, or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times."

PART III

SECTION 6. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . PLANT NURSERY Registration PROGRAM

§150A-A Definitions. For the purposes of this part, unless the context requires otherwise:

"Best management practices" means processes and actions based on the best available science that provide the most cost‑effective and efficacious way to address an issue, including the prevention or reduction of pest and pathogen problems.

"Effective control" means, when referring to non-quarantine pests, eliminating or reducing a pest to the point of an acceptable economic and environmental risk.

"High-priority pest" means a pest that poses potential negative impacts to the economy, the environment, or human health or welfare to an area in which the pest currently:

(1) Is not known to occur; or

(2) Has a limited distribution or is being officially controlled.

The department may designate different high-priority pests for different islands of the State.

"Non-quarantine pest" means a pest that is not a high‑priority pest, with respect to an island, and may be controlled so that the pest does not pose an unacceptable economic, environmental, or human health risk on that island.

"Sale" or "sell" means offering, exposing, or possessing for sale, exchange, barter, or trade.

"Standards of nursery cleanliness", with respect to a location where nursery stock is produced or sold, means:

(1) The implementation at the location of any method of treatment required by the department for any pest;

(2) That nursery stock or other material infested or infected with a high-impact pest at the location is isolated pending treatment or disposal;

(3) That actions are carried out to the extent that is reasonably necessary to ensure that non-quarantine pests at the location are under effective control; and

(4) The fulfillment of any other standard to prevent the spread of pests by the location, as required by the department for the location.

§150A-B Nursery registration. (a) A person engaged directly with the sale of nursery stock shall register with the department, in such manner as the department may require, prior to initiating business operations; provided that if the person was directly engaged in the sale of nursery stock on the effective date of Act , Session Laws of Hawaii 2024, the person shall register with the department not later than years after the effective date of Act , Session Laws of Hawaii 2024.

(b) A registration under subsection (a) shall be valid for a period of years.

(1) Who sells seeds and does not sell or ship any other nursery stock; or

(2) Whose business consists only of retail sales to the ultimate consumer and the total of such sales of nursery stock does not exceed $250 during a year.

(d) A person shall make a separate registration under subsection (a) for each location where the person sells or grows nursery stock.

(e) A person is not eligible for any certificate or service under part III of this chapter unless the person makes the registration required by subsection (a).

(f) The department may publish on the internet website maintained by the department and in other appropriate form a list of persons that have registered under this section.

§150A-C Certification. Each person making a registration for a location required by section 150A-B shall certify to the department that the person:

(1) Will not sell any plant taxa designated by the department as a noxious weed or restricted plant at the location;

(2) Will maintain the location free from high-priority pests;

(3) Will maintain effective control of non-quarantine pests;

(4) Will implement standards of nursery cleanliness at the location;

(5) Will implement any best management practices required by the department for the location; and

(6) Consents to and agrees to cooperate with inspections by the department during reasonable business hours to ensure the person is complying with the certification required by this subsection.

§150A-D Nursery registration fee. (a) The department may charge a fee for a registration under this section.

(b) Any fees collected under this section shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund under section 150A-4.5.

§150A-E Inspection; quarantine. (a) The department may inspect, with or without notice during reasonable business hours, a location registered by a person under section 150A-B, including all nursery stock at the location, and any other area used by the person to produce or store nursery stock to be sold at the location.

(b) The department may:

(1) Conduct inspections under subsection (a) in response to a complaint of the presence of high-impact pests or failure to maintain effective control of other pests; and

(2) Prioritize and conduct more frequent inspections under subsection (a) based on its assessment of the location's history of compliance with this part and the location's potential for spreading high-impact pests or non-quarantine pests.

(c) If the department is notified pursuant to an inspection authorized under this section or any other means that a high-priority pest is present in nursery stock or a location where nursery stock is present, that non-quarantine pests are not under effective control at a location, or that the person who has registered a location under section 150A-B is otherwise not in compliance with a certification made under section 150A‑C, the department:

(1) May place a stop sale or quarantine order for the affected nursery stock or location and, if appropriate, a destruction order for affected nursery stock;

(2) Shall notify the person of the affected nursery stock or location of the existence of the high-priority pest or other compliance issue and advise the person on acceptable mitigation methods; and

(3) May require the affected nursery stock or affected material be mitigated by whatever means necessary, including destruction, confiscation, treatment, return shipment, or quarantine, at the expense of the location or person without any form of compensation from the department or State.

(d) During the period when an order under subsection (d) is in effect for nursery stock or a location, the person operating the location shall not sell, ship, transport, give away, or otherwise move, alter, or tamper with affected nursery stock or material at the location, other than for activities to mitigate the high-priority pest or other pest.

§150A-F Civil penalties. (a) A person who violates this part or any rule adopted by the department pursuant to this part shall be fined not more than $ for each separate offense. Each date of violation shall constitute a separate offense. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.

(b) All fines collected under this section shall be paid to the department and deposited into the pest inspection, quarantine, and eradication fund under section 150A-4.5."

SECTION 7. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§150A- Plant nursery registration required. No certification or service related to nursery stock shall be provided under this part to a person at a location unless the location is registered under part ."

SECTION 8. Section 150A-2, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Infested" means harboring a pest.

"Nursery stock" means any plant for planting, propagation, or ornamentation, including all plants, trees, shrubs, vines, perennials, grafts, cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all viable parts of these plants.

"Person" means any individual, firm, corporation, association, partnership, or other entity, including a governmental entity or nonprofit organization."

SECTION 9. Section 150A-53, Hawaii Revised Statutes, is amended to read as follows:

"§150A-53 General actions to achieve objectives. (a) To achieve the objectives of the biosecurity program, the department shall plan for and, within available legislative appropriations or through funding from other sources, implement the following:

(1) Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State;

(2) Establish, operate, or participate in operating port-of-entry facilities where multiple government agencies may inspect, quarantine, fumigate, disinfect, destroy, or exclude as appropriate, articles that may harbor pests or exclude articles that are prohibited or restricted without a permit, with the goals of:

(A) Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and for cargo owners, carriers, and importers; and

(B) Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection;

(3) Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and, as appropriate, eradicate or seize and dispose of prohibited or restricted organisms without a permit that have entered the State;

(4) Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop joint integrated systems to better implement the biosecurity program;

(5) Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates;

(6) Promote the production of agricultural commodities in the State to reduce cargo shipments of imported commodities into the State; and

(7) Provide public education on the negative effects of pests and prohibited or restricted organisms without a permit, to the environment and economy of the State.

(b) The department shall establish parameters and construction requirements for biosecurity facilities that provide for and ensure the safety of agricultural and food commodities consumed by Hawaii residents, including cold storage facilities established by private-public partnerships to preserve the quality and ensure the safety of the commodities arriving at the State's airports and harbors.

(1) Shall be considered to be a part of the biosecurity program; and

(2) May be administered and enforced using the officials of and funds available to the biosecurity program."

PART IV

SECTION 10. Chapter 152, Hawaii Revised Statutes, is amended by adding nine new sections to be appropriately designated and to read as follows:

"§152-A Noxious weed designations; changes. (a) The board:

(1) At meetings held in May and November of each year, shall accept applications for noxious weed designations for consideration; and

(2) May accept applications at meetings held at other times of year;

provided that the public shall be given timely notice of the board's meetings and the board's acceptance of applications.

(b) The board shall accept applications in any form, including electronic applications.

(1) Shall review each application;

(2) May seek additional information from the applicant;

(3) May conduct additional research related to the application, including research of literature reviews, surveys, discussions with other states, and field investigations;

(4) May submit to the advisory committee on plants and animals established under section 150A-10, and any subcommittee of that committee, an application for review, for the purposes of assisting the board in considering the application;

(5) Shall consider all oral and written comments submitted under section 152-C and may incorporate those comments in the chairperson's review of the application; and

(6) Shall make a recommendation to the board regarding each application.

(d) The board shall vote on each change to a noxious weed designation requested in an application at the subsequent meeting timely held after the period for public notification and input described in section 152-C.

(e) Upon approval by the board of a change to a noxious weed designation, the order to make that change to the noxious weed designation shall take effect ten days after the department posts public notice of the order in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide and on the department's publicly available website.

(f) Nothing in this section shall be construed to prevent the department or board from considering an action related to a noxious weed on an expedited or emergency basis at any time.

§152-B Applications. (a) An application seeking a change to noxious weed designations may be submitted by any person or the department.

(b) An application shall be submitted for the board's consideration at a meeting described in section 152-A(a).

(1) The name, address, and contact information of the applicant;

(2) A description of the applicant's requested change to the noxious weed designation;

(3) Evidence that the board may use to determine if the requested change will be made; and

(4) Any other information the chairperson may reasonably require, as specified on a form provided by the chairperson.

(d) An application to designate a new taxon as a noxious weed shall include:

(1) The taxon's:

(A) Scientific name and author;

(B) Common synonyms;

(D) Common names;

(2) The class of noxious weed requested for the taxon;

(3) A description of the geographic area in the State that is free or reasonably free of the taxon;

(4) Information describing how the taxon can directly or indirectly injure or cause damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment; and

(5) A list of references to support the information provided in the application.

(e) An application to remove the noxious weed designation for a plant taxon shall include evidence that the plant:

(1) Cannot directly or indirectly injure or cause damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment; or

(2) Is eligible for special consideration for crops under section 152-F.

(f) An application to change the class of a noxious weed designation shall include evidence that the noxious weed meets the description of the proposed class as established in section 152-4.

§152-C Public notification and input for changes to noxious weed designations. (a) No later than fourteen days after an application is submitted at a board meeting pursuant to section 152-A, the chairperson shall issue a press release and provide notices to the office of planning and sustainable development for publication and to each person who has made a timely written request of the department for notice of an application. The press release and notices shall include:

(1) A statement summarizing each change to a noxious weed designation requested in an application;

(2) A statement that a copy of the application will be mailed to any interested person who requests a copy upon payment in advance of costs for photocopying, preparing, and mailing the copy and that a copy of the application will be made available on the publicly available website of the department;

(3) A statement as to where to obtain a copy of the application for inspection or for pickup after payment in full for costs for photocopying and preparing; and

(4) A statement that the department is soliciting comments regarding the requested change to a noxious weed designation, which shall include the procedure for submitting comments.

(b) During the three-month period after an application is submitted at a board meeting, any interested person, educational institution, or government entity may:

(1) Provide oral comments on the application at any regularly scheduled meeting of the board; and

(2) Provide written comments on the application to the board and the chairperson.

§152-D Emergency designations. (a) Notwithstanding any other provision of this chapter or any other law to the contrary:

(1) If the department finds an incipient infestation of a plant taxon is directly or indirectly injuring or causing damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment without immediate action, the department may proceed without prior notice or upon a minimum of forty-eight hours notice and hearing to adopt an emergency rule for the eradication of that infestation;

(2) An emergency rule described in paragraph (1) shall be effective for a period no longer than one hundred eighty days, without the possibility of renewal; and

(3) The department may establish, implement, and enforce interim rules governing the transportation of noxious weeds or taxa eligible for noxious weed designation into or within the State, as provided in section 150A-9.5.

(b) During the period that an emergency rule is in effect under subsection (a), the chairperson shall make an application for the board to order on an expedited basis the designation of the taxon as a noxious weed.

§152-E Publication of noxious weed designations. The chairperson shall make available to the public and publish on the department's publicly available website the list of noxious weeds designated under this chapter. The list shall include:

(1) Information on which noxious weeds are respectively designated as class A, class B, and class C noxious weeds; and

(2) The geographic area declared free or reasonably free of each noxious weed.

§152-F Special consideration for crops. (a) The board may defer designating a plant taxon as a noxious weed or removing a noxious weed designation from a plant taxon if the plant taxon:

(1) Is, or is intended to be, commercially cultivated in the State as a crop; and

(2) Is, or will be, cultivated using practices that prevent it from directly or indirectly injuring or causing damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment.

(b) The board may require conditions, including a bond or a compliance agreement, for the cultivation of a plant taxon for which the board has deferred a designation or removed from designation pursuant to subsection (a).

(c) The board shall designate as a noxious weed a plant taxon that is cultivated as a crop for which the board deferred a designation or removed from designation pursuant to subsection (a) if the plant becomes invasive or is otherwise no longer described in subsection (a)(2).

§152-G Noxious weed control or eradication programs. (a) The chairperson may develop and implement a program to control or eradicate a specific noxious weed if the chairperson determines that the control or eradication program is feasible and practicable.

(b) Each control or eradication program developed under subsection (a) shall:

(1) Use the best available technology and use the technology in a manner consistent with federal and state law;

(2) Specify the geographic area where the program will be carried out, which may be a section of an island, an island, a group of islands, or the entire State;

(3) Minimize collateral damage to crops, property, the environment, and native species;

(4) Include a description of the specific methods to be employed to control or eradicate the noxious weed;

(5) Include a description of the surveys and monitoring that will be required before and after the specific methods to control or eradicate are employed;

(6) Include an assessment of whether the department will seek any quarantine related to the control or eradication program; and

(7) Include an approximate time frame to carry out the control or eradication program.

(c) If the department or agent of the department needs to enter onto private property to conduct detection and delimitation surveys or otherwise carry out or maintain the control or eradication program, but the owner or occupier of the property refuses to grant entry to the department or its agent, the department or agent may gain entry pursuant to section 141‑3.6 to the extent necessary to carry out or maintain the control or eradication program, unless the property is a dwelling place.

(d) The chairperson may seek the board's approval for a control or eradication program developed under this section if the chairperson believes that the board's approval is likely to make the program more successful.

(e) This section shall not apply to efforts by the department to control a noxious weed using only the release of a biological control agent.

§152-H Noxious weed control on leased state lands. Any person that leases state lands for livestock grazing or any agricultural purpose shall agree in the lease agreement to control any noxious weed on those lands to the extent required by the department.

§152-I Penalties. (a) The department may establish, impose, and collect administrative fines or bring legal action to recover administrative costs of the department, payment for damages, or costs to correct damages resulting from violations of this chapter or any rule adopted under this chapter.

(b) The department, at its discretion, may refuse entry into the State of, confiscate, or destroy any noxious weed or article infested with a noxious weed that a person brings or attempts to bring into the State or that is offered for sale, sold, or transported in violation of this chapter, or, in the case of importation, order the return of any noxious weed or any article infested with a noxious weed to its place of origin or otherwise dispose of it or a part thereof as may be necessary to comply with this chapter.

(c) The State shall not be responsible for any economic loss or damages related to any actions by the department pursuant to this chapter, including the treatment, quarantine, destruction, or return of any article."

SECTION 11. Section 152-1, Hawaii Revised Statutes, is amended as follows:

1. By adding five new definitions to be appropriately inserted and to read:

""Agent of the department" means any person authorized to act on behalf of the department of agriculture.

"Application" means an application seeking a change to the noxious weed designations.

"Board" means the board of agriculture.

"Chairperson" means the chairperson of the board of agriculture.

"Noxious weed designation" means a designation on the list of noxious weeds."

2. By amending the definition of "control noxious weed" to read:

""Control noxious weed" means to limit the spread of a specific noxious weed, including quarantining material infested with the noxious weed, and to reduce its density to a degree where its injurious, harmful, or deleterious effect is reduced to a tolerable level."

3. By amending the definition of "eradicate noxious weed" to read:

""Eradicate noxious weed" means to completely destroy and eliminate existing plant growth, seeds, and vegetative reproductive plant parts of a specific noxious weed from a given locality. "Eradicate noxious weed" includes quarantining material infested with the noxious weed."

4. By amending the definition of "noxious weed" to read:

""Noxious weed" means any plant [species which is, or which may be likely to become, injurious, harmful, or deleterious to the agricultural, horticultural, aquacultural, or livestock industry of the State and to forest and recreational areas and conservation districts of the State, as determined and designated by the department from time to time.] or plant product that can directly or indirectly injure or cause damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment."

SECTION 12. Section 152-2, Hawaii Revised Statutes, is amended to read as follows:

"§152-2 Rules. Subject to chapter 91, the department may [~~make~~] adopt rules [~~to effectuate~~] necessary for the purposes of 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;~~

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

SECTION 13. Section 152-3, Hawaii Revised Statutes, is amended to read as follows:

"§152-3 Prohibited and permitted acts. [It] (a) Except as provided in subsection (b), it shall be unlawful to [~~introduce or to transport specific~~] import into the State or sell, offer for sale, or transport within the State 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].

(b) The prohibition in subsection (a) does not apply to:

(1) A plant part that is processed, not vegetatively propagative, or otherwise not capable of reproducing the plant;

(2) The movement of a properly prepared herbarium specimen;

(3) The movement of plant material by authorized employees of the department or an agent of the department acting in the course of official duties;

(4) A noxious weed imported for research pursuant to a permit issued by the chairperson; or

(5) A noxious weed transported for educational or research purposes or for proper disposal of removed material under methods approved by, or pursuant to a permit issued by, the chairperson.

SECTION 14. Section 152-4, Hawaii Revised Statutes, is amended to read as follows:

"§152-4 Designation of noxious [~~weed.~~] weeds; classes of noxious weeds. (a) The [~~department~~] board may designate certain plant [~~species~~] taxa as noxious weeds [~~following the criteria and procedures established under section 152-2(1).~~] pursuant to this chapter and rules adopted pursuant to this chapter.

(b) The department shall publish and make available on its website a list of noxious weeds [~~to interested persons.~~] designated pursuant to this chapter.

(c) A plant taxon shall be designated as a noxious weed if the board determines that that the plant could directly or indirectly injure or cause damage to crops, including nursery stock or plant products; livestock; poultry; or other interests of agriculture, irrigation, navigation, the natural resources of the State, the public health, or the environment.

(d) The board shall designate each noxious weed as a class A, class B, or class C noxious weed; provided that in determining the class to which a noxious weed should be designated, the following standards shall apply:

(1) Class A noxious weeds:

(A) Are not known to occur or are of very limited distribution in the State;

(B) Are a high priority for control or eradication if an infestation was discovered in the State; and

(C) When detected, shall be subject to control or eradications actions by the department or an agent of the department, subject to the availability of funds;

(2) Class B noxious weeds:

(A) Are known to occur in the State but are of limited distribution on one or more islands;

(B) Are a high priority for control or eradication in a given area; and

(3) Class C noxious weeds are those noxious weeds that are not class A or class B noxious weeds."

SECTION 15. Section 152-5, Hawaii Revised Statutes, is amended to read as follows:

"§152-5 Designation of areas declared free or reasonably free of noxious weeds. (a) The [~~department~~] board may declare the entire State, an island, or a section of an island as free or reasonably free of a specific noxious weed. The department shall take necessary measures to restrict the introduction and establishment of specific noxious weeds in areas declared free or reasonably free of those noxious weeds.

(b) A change to the geographic area declared free or reasonably free of a specific noxious weed shall be made by order of the board under the procedures for a change to a noxious weed designation set out in this chapter."

SECTION 16. Section 152-6, Hawaii Revised Statutes, is amended to read as follows:

"§152-6 Duties of the department; noxious weed control and eradication. (a) The department shall maintain a constant vigilance for incipient infestations of specific noxious weeds [~~on islands~~] in locations declared reasonably free from those weeds, and shall use those procedures and methods to control or eradicate the infestations of noxious weeds as are determined to [be]:

(1) Be feasible and practicable[.]; and

(2) Minimize collateral damage to crops, property, the environment, and native species.

(b) [~~When the~~] The department [determines that an infestation of a certain noxious weed exists on an island declared reasonably free from the weed, the department shall immediately conduct investigations and surveys as are necessary to determine the feasibility and practicability of controlling or eradicating the infestation. The department may also conduct investigations and surveys to determine the feasibility and practicability of controlling widespread noxious weed infestations. The methods of control or eradication adopted by the department for any noxious weed infestation shall cause as little damage to crops and property as possible.] or an agent of the department:

(1) Shall conduct detection and delimitation surveys of noxious weeds, and to the extent necessary and permitted by law, shall access private property in areas declared reasonably free from those weeds;

(2) Shall determine the feasibility and practicability of controlling or eradicating infestations; and

(3) May conduct control or eradication actions in any area of the State, as determined appropriate by the chairperson.

(c) Upon determining that control or eradication of an infestation is practicable and feasible, the department shall immediately serve notice, either oral or written, on both the landowner of the property and the [~~occupant~~] land occupier of the property [on] upon which the infestations exist. Written notice sent to the landowner's address last known to the department by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. [~~In the event that~~] If certified mail is impractical because the department, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information with respect to the infestation and notify the landowner and the land [~~occupant~~] occupier of the procedure and methods of control or eradication.

(d) [~~Upon the department's notification pursuant to subsection (c) above, the~~] The department or an agent of the department may [enter into a cooperative agreement with the landowner and land occupier for the control or eradication of the noxious weed infestation. The procedures and conditions for executing the cooperative agreement shall be in accordance with rules adopted under section 152-2(2).] assist, free of cost, in the control or eradication of noxious weeds, subject to the availability of funds.

(e) [~~Upon the department's notification pursuant to subsection (c) above, the~~] The department may [entirely undertake the eradication or control project when it has been determined that the owner, occupier, or lessee of the land on which the noxious weed infestation is located will not benefit materially or financially by the control or eradication of the noxious weed; or when the noxious weed infestation is on state‑owned land not leased or under control of private interest.] work cooperatively with a landowner or land occupier to provide chemicals, materials, equipment, personnel, and services to the owner or occupier to assist with the control or eradication of noxious weeds on private property.

(f) Assistance provided by the department to control or eradicate noxious weeds in the State may include the appropriate distribution and release of beneficial insects, pathogens, and other biological control agents for the control or eradication of noxious weeds."

PART V

SECTION 17. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 18. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 19. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 20. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	2758
THIRTY-SECOND LEGISLATURE, 2024		H.D. 2
STATE OF HAWAII		S.D. 1