SB572 CD1

SECTION 1. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part VI to be appropriately designated and to read as follows:

"§150A- Biosecurity emergency. (a) The department, with the approval of the governor, may declare a biosecurity emergency if:

(1) There has been in the State an outbreak or occurrence of a pest or prohibited or restricted organism that has the potential to cause significant economic or environmental loss if the pest or organism becomes established in the State;

(2) There is established in one area of the State a pest or prohibited or restricted organism that has the potential to cause significant economic or environmental loss if the pest or organism becomes established in another area of the State; or

(3) A pest or prohibited or restricted organism is, or threatens to be, beyond the State's ability to control.

(b) A biosecurity emergency shall automatically terminate one hundred calendar days after its declaration, unless the declaration is extended by the department with the approval of the governor.

(1) The department shall be exempt from chapter 103D;

(2) Notwithstanding chapter 194 to the contrary, the Hawaii invasive species council shall report directly to the chairperson of the board of agriculture; and

(3) The governor may transfer moneys to the department from any account within the governor's control.

(d) The governor may requisition and take control of any goods, real property, or watercraft required for the purposes of this section, or requisition and take control of the temporary use thereof; provided that:

(1) This subsection shall not apply to any vessel that:

(A) Has anti-fouling hull coating; and

(B) Does not discharge ballast water, uses freshwater for ballasting, or is equipped with ultraviolet filtration systems for ballast water;

(2) The requisition shall be made by serving notice upon any person found in occupation of the premises or having the property in the person's custody, possession, or control, and a like notice shall also be served upon any person who has filed with the governor, or with a person the governor designates for the purpose, a request for notice with respect to the property; provided further that if any person entitled to compensation for the property is unable to be served, the governor shall publish a notice of the requisition at the earliest practicable date; and

(3) A requisition shall terminate automatically one hundred calendar days after the declaration of a biosecurity emergency, or by a separate proclamation of the governor, whichever occurs first.

(e) If the governor requisitions and takes control of any property or the temporary use thereof, the owner, or other person entitled thereto, shall be paid a sum, determined by the governor to be fair and just compensation for the property or use, within twenty days after the property has been requisitioned and taken, or in monthly or lesser installments if the property is taken for temporary use.

If any person is unwilling to accept the sum determined by the governor as full and complete compensation for the property or use, the person shall be paid seventy-five per cent of that sum and may sue the State for an additional sum that, when added to the sum already received by the person, the person may consider fair and just compensation for the property or use, in the manner provided by chapter 661 for actions against the State; provided that:

(1) Any suit under this section shall be instituted within two years after the requisition in the case of the taking of real property in fee simple, or within one year after the requisition in all other cases, subject to sections 657-13 to 657-15, which are hereby made applicable to the suit;

(2) No more than six months shall be allowed for the bringing of a suit after the appointment of a conservator of a person under disability, or the removal of the disability, or after the appointment of personal representatives; and

(3) Recovery shall be confined to the fair market value of the property or its fair rental value, as the case may be, without any allowance for prospective profits, or punitive or other damages.

If the owner of property, or other person entitled to compensation for the requisitioning of property or use thereof, is under a disability, or has died, and no conservator or personal representative has been appointed, the State, acting through the attorney general, may apply for the appointment of a conservator or for the appointment of a personal representative.

(f) The governor shall appoint a board of three disinterested certified appraisers with whom may be filed any claim for damages arising out of any failure to return private property, the temporary use of which was requisitioned, or which was leased, or any claim for damages arising out of the condition in which the private property is returned. No claim may be filed for deterioration of property resulting from ordinary wear and tear and not for any deterioration or damage, except any that is shown to have resulted from the taking or use of the property; provided that any claim shall be filed within thirty days after the return of the property or after the governor proclaims that all private property has been returned to the owners, whichever is earlier. The decision of the appraisers shall be final and binding upon the governor and the claimant. Either party may file a petition in the circuit court within sixty days after the rendering of a decision of the board of appraisers, praying for the decision of the court upon the claim. The petition, if filed by the State, shall be entitled in the name of the State by the attorney general and shall be heard and decided by the circuit court without the intervention of a jury. If filed by any other party, the petition shall be filed, heard, and decided in the manner provided for suits against the State. Appellate review may be had, subject to chapter 602, in the manner provided for civil appeals from the circuit courts. The court may order the joinder of other parties or may allow other parties to intervene. Any award that has become final shall be paid out of any funds available under this chapter and, if not sufficient, out of the general revenues of the State as appropriated."

SECTION 2. Section 150A-52, Hawaii Revised Statutes, is amended to read as follows:

"[[]§150A-52[]] Objectives of biosecurity program. The objectives of the biosecurity program shall be to:

(1) Establish a multi-dimensional system to survey for and prevent the entry into the State and interisland movement of pests and prohibited or restricted organisms without a permit; and

(2) Respond effectively to eradicate, control, reduce, and suppress incipient pest populations and established pests and seize and dispose of prohibited or restricted organisms without a permit."

SECTION 3. 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 prohibited or restricted organisms 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~~]:

(A) The negative effects of pests and prohibited or restricted organisms without a permit, to the environment and economy of the State[.];

(B) Reporting pests and prohibited or restricted organisms that are known or suspected to be present in imported products; and

(b) For purposes of the biosecurity program, the department may:

(1) Subpoena any necessary documentation from agricultural commodity importers relating to a known or suspected infestation of a pest or prohibited or restricted organism;

(2) Quarantine any farm, facility, or business that is known to be infested with a pest or prohibited or restricted organism to prevent the movement of materials to or from the location; and

(3) Declare a biosecurity emergency pursuant to section 150A- .

[~~(b)~~] (c) 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."

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.

THE SENATE	S.B. NO.	572
THIRTY-SECOND LEGISLATURE, 2023		S.D. 2
STATE OF HAWAII		H.D. 2
		C.D. 1