SB1100 HD2

SECTION 1. Section 26-16, Hawaii Revised Statutes, is amended as follows:

1. By amending its title and subsection (a) to read:

"§26-16 Department of agriculture[.] and biosecurity. (a) The department of agriculture and biosecurity shall be headed by an executive board to be known as the board of agriculture[.] and biosecurity. The board shall consist of [~~ten~~] twelve members:

(1) One who shall be a resident of the county of Hawaii;

(2) One who shall be a resident of the county of Maui;

(3) One who shall be a resident of the county of Kauai;

(4) [~~Four~~] Six at large; and

(5) The chairperson of the board of land and natural resources; the director of business, economic development, and tourism; and the dean of the [~~University~~] university of Hawaii college of tropical agriculture and human resources, or their designated representatives, who shall serve as ex officio[[],[]] voting members.

The majority of the members of the board shall be from the agricultural community or the agricultural support sector. Two of the members shall have experience in biosecurity. The appointment, tenure, and removal of the members and the filling of vacancies on the board shall be as provided in section 26-34. The governor shall appoint a chairperson of the board from the members."

2. By amending subsection (d) to read:

"(d) The functions and authority heretofore exercised by the board of commissioners of agriculture and forestry (except the management of state parks and the conservation, development, and utilization of forest resources, including regulatory powers over the forest reserve provided in Act 234, section 2, Session Laws of Hawaii 1957, and of fish and game resources transferred to the department of land and natural resources), by the farm loan board as heretofore constituted, and by the [~~University~~] university of Hawaii with respect to the crop and livestock reporting service and market news service, are transferred to the department of agriculture and biosecurity established by this chapter."

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 and biosecurity 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, 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, 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 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.

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

SECTION 3. Section 194-2, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) There is established the invasive species council for the special purpose of providing policy level direction, coordination, and planning among state departments, federal agencies, and international and local initiatives for the control and eradication of harmful invasive species infestations throughout the State and for preventing the introduction of other invasive species that may be potentially harmful. The council shall:

(1) Maintain a broad overview of the invasive species problem in the State;

(2) Advise, consult, and coordinate invasive species-related efforts with and between the departments of agriculture[,] and biosecurity, land and natural resources, health, and transportation, as well as state, federal, international, and privately organized programs and policies;

(3) Identify and prioritize each lead agency's organizational and resource shortfalls with respect to invasive species;

(4) After consulting with appropriate state agencies, create and implement a plan that includes the prevention, early detection, rapid response, control, enforcement, and education of the public with respect to invasive species, as well as fashion a mission statement articulating the State's position against invasive species; provided that the appropriate state agencies shall collaborate with the counties and communities to develop and implement a systematic approach to reduce and control coqui frog infestations on public lands that are near or adjacent to communities, and shall provide annual reports on the progress made in achieving this objective;

(5) Coordinate and promote the State's position with respect to federal issues, including:

(A) Quarantine preemption;

(B) International trade agreements that ignore the problem of invasive species in Hawaii;

(D) Whether quarantine of domestic pests arriving from the mainland should be provided by the federal government;

(E) Coordinating efforts with federal agencies to maximize resources and reduce or eliminate system gaps and leaks, including deputizing the United States Department of Agriculture's plant protection and quarantine inspectors to enforce Hawaii's laws;

(F) Promoting the amendment of federal laws as necessary, including the Lacey Act Amendments of 1981, [~~Title~~] title 16 United States Code sections 3371-3378[;], Public Law 97-79, and laws related to inspection of domestic airline passengers, baggage, and cargo; and

(G) Coordinating efforts and issues with the federal Invasive Species Council and its National Invasive Species Management Plan;

(6) Identify and record all invasive species present in the State;

(7) Designate the department of agriculture[,] and biosecurity, health, or land and natural resources as the lead agency for each function of invasive species control, including prevention, rapid response, eradication, enforcement, and education;

(8) Identify all state, federal, and other moneys expended for the purposes of the invasive species problem in the State;

(9) Identify all federal and private funds available to the State to fight invasive species and advise and assist state departments to acquire these funds;

(10) Advise the governor and legislature on budgetary and other issues regarding invasive species;

(11) Provide annual reports on budgetary and other related issues to the legislature twenty days [~~prior to~~] before each regular session;

(12) Include and coordinate with the counties in the fight against invasive species to increase resources and funding and to address county-sponsored activities that involve invasive species;

(13) Review state agency mandates and commercial interests that sometimes call for the maintenance of potentially destructive alien species as resources for sport hunting, aesthetic resources, or other values;

(14) Review the structure of fines and penalties to ensure maximum deterrence for invasive species-related crimes;

(15) Suggest appropriate legislation to improve the State's administration of invasive species programs and policies;

(16) Incorporate and expand upon the department of [~~agriculture's~~] agriculture and biosecurity's weed risk assessment protocol to the extent appropriate for the council's invasive species control and eradication efforts; and

(17) Perform any other function necessary to effectuate the purposes of this chapter.

(b) The council shall be placed within the department of land and natural resources for administrative purposes only and shall be composed of:

(1) The president of the University of Hawaii, or the president's designated representative;

(2) The director, or the director's designated representative, of each of the following departments:

(A) Business, economic development, and tourism;

(B) Health; and

(3) The chairperson, or the chairperson's designated representative, of each of the following departments:

(A) Agriculture[;] and biosecurity; and

(B) Land and natural resources."

SECTION 4. (a) Sections 6E-61, 23-12, 26-4, 46-67, 141-1, 141-3, 141-3.5, 141-3.6, 141-4, 141-5, 141-6, 141‑7, 141‑9, 141-12, 141-12.5, 141-13, 141-14, 141-15, 141-16, 141-17, 141-18, 141-43, 141-51, 141-53, 141D-1, 141D-2, 142-1, 142-2, 142-3, 142-3.5, 142-4, 142-5, 142-6, 142-7, 142-8, 142-9, 142-12, 142‑13, 142‑16, 142-19, 142-20, 142-22, 142-23, 142-23.1, 142‑23.5, 142-29, 142‑31, 142-41, 142-43, 142-49, 142-92, 142‑93, 142-98, 142-100, 142-101, 142-111, 143-2.2, 144-1, 145‑1, 145-3, 145-7, 145-8, 145-9, 145-27, 145D-5, 146-22, 147‑1, 147-21, 147-31, 147-32, 147-51, 147-54, 147-55, 147-56, 147-58, 147-59, 147-60, 147-73, 147-75, 147-76, 147-78, 147-80, 147-91, 147-92, 147-94, 147-95, 147-96, 147-97, 147-101, 147‑102, 147-111, 147-116, 147-122, 148-1, 148-2, 148-61, 148‑62, 148-63, 148-64, 148-66, 150-21, 150A-2, 150A‑6.3, 150A‑11.5, 152-1, 155-1, 155-2, 155-4, 155-5, 155-5.5, 155-5.6, 155-6, 155-6.5, 155-8, 155-9, 155-11, 155-12, 155-13, 155-14, 155-31, 155D-1, 157-1, 157-13, 159-3, 159-15, 161-3, 161-6, 163D-4, 166-2, 166-3, 166-11, 166E-1, 166E-2, 166E-3, 167-22, 167-23, 169-1, 171-2, 171-3, 171-37.5, 171-55.5, 171-59, 171‑64.7, 171-112, 171-117, 173A-4, 173A-5, 174C-31, 187A-6.5, 205-6, 205-44.5, 205-45, 205-45.5, 205-48, 205-49, 205‑50, 205A‑62, 206E-34, 219-2, 219-4, 219-7, 219-9, 235‑110.93, 261‑4.5, 266-21.5, 269-26.5, 342G-47, 421-6, 421‑21.6, 460J-21, 460J-24.5, and 486-1, Hawaii Revised Statutes, and the title of chapter 141, Hawaii Revised Statutes, are amended by substituting the term "department of agriculture and biosecurity", or similar term, wherever the term "department of agriculture", or similar term, appears, as the context requires.

(b) Sections 141-42, 142-18, 142-21, 147-52, 147-53, 147‑57, 147-74, 147-93, 149A-2, 159-2, 161-2, 205-47, 219-8, and 460J-26, Hawaii Revised Statutes, are amended by substituting the term "department of agriculture and biosecurity", or similar term, wherever the term "department of agriculture", or similar term, appears, except within the term "United States Department of Agriculture", as the context requires.

(c) Sections 10-41, 26-34, 84-17, 84-18, 128E-2, 141-6, 141-9, 141-12, 141-51, 141D-2, 142-3.5, 142-3.6, 142‑23.1, 142-28.5, 142-29, 142-31, 144-10, 145-22, 145-27, 147‑9, 147-24, 147-34, 147-58, 147-59, 147-60, 148-1, 149A-2, 149A-32.5, 150A-2, 155-3, 155-5.6, 155-6.5, 155-9, 155‑13, 155‑14, 155-33, 157-1, 157-14, 157-15, 157-18, 157-22, 157-23, 157-24, 157-25, 157-26, 157-27, 157-29, 157-41, 157-42, 159-3, 161-3, 163D-3, 166-2, 166-3, 166-4, 166-5, 166-6, 166-11, 166E‑1, 166E-2, 166E-3, 167-1, 167-2, 167-3, 167-4, 167-5, 167‑6, 167-7, 167-9, 167-11, 167-12, 167-13, 167-14, 167-15, 167-16, 167-17, 167-18, 167-19, 167-20, 167-21, 167-22, 168-1, 168-2, 168-3, 168-4, 168-5, 168-6, 168-7, 168-8, 169-3, 195-6, 210D-5, 219-2, 219-3, 219-4, 220-1, 225P-3, 225P-4, 279A-4, 330C-3, 371-19, 460J-2, and 486-1, Hawaii Revised Statutes, are amended by substituting the term "board of agriculture and biosecurity", or similar term, wherever the term "board of agriculture", or similar term, appears, as the context requires.

(d) Sections 26-52 and 26-56, Hawaii Revised Statutes, are amended by substituting the term "agriculture and biosecurity", or similar term, wherever the term "agriculture", or similar term, appears, as the context requires.

SECTION 5. All laws and parts of laws heretofore enacted that are in conflict with the provisions of this part of this Act are hereby amended to conform herewith. All Acts passed during this regular session of 2025, whether enacted before or after the passage of this part of this Act, shall be amended to conform to this part of this Act, unless the Acts specifically provide that the Act relating to a "department of agriculture" are being amended. Amendments made to sections of the Hawaii Revised Statutes that are amended by this part of this Act as of a future effective date shall include amendments made after the approval of this part of this Act and before the effective date of the amendments made by this part of this Act, to the extent that the intervening amendments may be harmonized with the amendments made by this part of this Act.

SECTION 6. All rights, powers, functions, and duties of the department of agriculture are transferred to the department of agriculture and biosecurity.

All employees who occupy civil service positions and whose functions are transferred to the department of agriculture and biosecurity by this Act shall retain their civil service status, whether permanent or temporary. Employees shall be transferred without loss of salary, seniority (except as prescribed by applicable collective bargaining agreements), retention points, prior service credit, any vacation and sick leave credits previously earned, and other rights, benefits, and privileges, in accordance with state personnel laws and this Act; provided that the employees possess the minimum qualifications and public employment requirements for the class or position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

Any employee who, before this Act, is exempt from civil service and is transferred as a consequence of this Act may retain the employee's exempt status, but shall not be appointed to a civil service position as a consequence of this Act. An exempt employee who is transferred by this Act shall not suffer any loss of prior service credit, vacation or sick leave credits previously earned, or other employee benefits or privileges as a consequence of this Act; provided that the employees possess legal and public employment requirements for the position to which transferred or appointed, as applicable; provided further that subsequent changes in status may be made pursuant to applicable employment and compensation laws. The chairperson of the board of agriculture and biosecurity may prescribe the duties and qualifications of these employees and fix their salaries without regard to chapter 76, Hawaii Revised Statutes.

SECTION 7. (a) All deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the department of agriculture or board of agriculture, pursuant to the provisions of the Hawaii Revised Statutes, that are reenacted or made applicable to the department of agriculture and biosecurity or board of agriculture and biosecurity by this Act shall remain in full force and effect. Upon the effective date of this Act, every reference to the department of agriculture, board of agriculture, or chairperson of the board of agriculture therein shall be construed as a reference to the department of agriculture and biosecurity, board of agriculture and biosecurity, or chairperson of the board of agriculture and biosecurity, as appropriate.

(b) All rules, policies, procedures, guidelines, and other material adopted or developed by the department of agriculture or board of agriculture to implement provisions of the Hawaii Revised Statutes that are reenacted or made applicable to the department of agriculture and biosecurity or board of agriculture and biosecurity, by this Act shall remain in full force and effect until amended or repealed by the department of agriculture and biosecurity or board of agriculture and biosecurity pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the department of agriculture, board of agriculture, or the chairperson of the board of agriculture in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of agriculture and biosecurity, board of agriculture and biosecurity, or chairperson of the board of agriculture and biosecurity, as appropriate.

PART II

SECTION 8. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§141- Deputy director of biosecurity. (a) The governor shall appoint a deputy director of biosecurity, not subject to the advice and consent of the senate, to serve as a deputy to the chairperson of the board of agriculture and biosecurity. The deputy director of biosecurity shall oversee the biosecurity program established pursuant to this part.

(b) The salary of the deputy director of biosecurity shall be as provided in section 26-53 for first deputies or first assistants to the head of any department."

SECTION 9. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 to establish full-time equivalent ( FTE) permanent deputy director of biosecurity in the department of agriculture and biosecurity.

The sums appropriated shall be expended by the department of agriculture and biosecurity for the purposes of this Act.

PART III

SECTION 10. Section 150A-5, Hawaii Revised Statutes, is amended to read as follows:

"§150A-5 Conditions of importation. The importation into the State of any of the following articles, viz., nursery-stock, tree, shrub, herb, vine, cut-flower, cutting, graft, scion, bud, seed, leaf, root, or rhizome; nut, fruit, or vegetable; grain, cereal, or legume in the natural or raw state; moss, hay, straw, dry-grass, or other forage; unmanufactured log, limb, or timber, or any other plant-growth or plant-product, unprocessed or in the raw state; soil; microorganisms; live bird, reptile, nematode, insect, or any other animal in any stage of development (that is in addition to the so-called domestic animal, the quarantine of which is provided for in chapter 142); box, vehicle, baggage, or any other container in which the articles have been transported or any packing material used in connection therewith shall be made in the manner hereinafter set forth:

(1) Notification of arrival. Any person who receives for transport or brings or causes to be brought to the State as freight, air freight, baggage, or otherwise, for the purpose of debarkation or entry therein, or as ship's stores, any of the foregoing articles, shall, immediately upon the arrival thereof, notify the department, in writing, of the arrival, giving the waybill number, container number, name and address of the consignor, name and address of the consignee or the consignee's agent in the State, marks, number of packages, description of contents of each package, port at which laden, and any other information that may be necessary to identify or locate [~~or identify~~] the same, and shall hold the articles at the airport, pier, [~~airport,~~] or any other place where they are first received or discharged, in a manner that they will not spread or be likely to spread any infection or infestation [~~or infection~~] of diseases or insects [~~or diseases~~] that may be present until inspection and examination can be made by the inspector to determine whether [~~or not~~] any article, or any portion thereof, is infected or infested [~~or infected~~] with or contains any pest. The department may adopt rules to require identification of specific articles on negotiable and non-negotiable warehouse receipts, bills of lading, or other documents of title for inspection of pests. In addition, the department shall adopt rules to designate restricted articles that shall require:

(A) A permit from the department in advance of importation; or

(B) A department letter of authorization or registration in advance of importation.

The restricted articles shall include but not be limited to certain microorganisms or living insects. Failure to obtain the permit, letter of authorization, or registration in advance [is] shall be a violation of this section;

(2) Individual passengers, officers, and crew.

(A) It shall be the responsibility of the transportation company to distribute, [~~prior to~~] before the debarkation of passengers and baggage, the State of Hawaii [~~plant and animal declaration~~] biosecurity form in paper or electronic form to each passenger, officer, and crew member of any aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency in order that the passenger, officer, or crew member can comply with the directions and requirements appearing thereon. All passengers, officers, and crew members, regardless of whether [~~or not~~] they are bringing or causing to be brought for entry into the State the articles listed on the form, shall complete the [~~declaration, except~~] form; provided that one adult member of a family may complete the [~~declaration~~] form for other family members. Any person who defaces the [~~declaration~~] biosecurity form required under this section, gives false information, fails to declare restricted articles in the person's possession or baggage, or fails to declare in cargo manifests [is] shall be in violation of this section;

(B) Completed paper forms shall be collected by the transportation company and be delivered, immediately upon arrival, to the inspector at the first airport or seaport of arrival. Completed electronic forms shall be transmitted to the inspector before passengers depart the first airport or seaport of arrival. Failure to distribute or collect paper [~~declaration~~] biosecurity forms, immediately deliver completed paper forms, or transmit completed electronic forms before passengers depart the first airport or seaport of arrival [is] shall be a violation of this section; and

(C) It shall be the responsibility of the officers and crew of an aircraft or vessel originating in the continental United States or its possessions or from any other area not under the jurisdiction of the appropriate federal agency to immediately report all sightings of any plants and animals to the plant quarantine branch. Failure to comply with this requirement [is] shall be a violation of this section;

(3) [~~Plant and animal declaration~~] Biosecurity form. The form shall include directions for declaring domestic and other animals cited in chapter 142, in addition to the articles enumerated in this chapter;

(4) Labels. Each container in which any of the [~~above‑mentioned~~] articles mentioned in this section are imported into the State shall be plainly and legibly marked, in a conspicuous manner and place, with the name and address of the shipper or owner forwarding or shipping the same, the name or mark of the person to whom the same is forwarded or shipped or the person's agent, the name of the country, state, or territory and locality therein where the product was grown or produced, and a statement of the contents of the container. Upon failure to comply with this paragraph, the importer or carrier [is] shall be in violation of this section;

(5) Authority to inspect. Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector may:

(A) Enter and inspect any aircraft, vessel, or other carrier at any time after its arrival within the boundaries of the State, whether [~~offshore,~~] at the airport or pier[~~, or at the airport,~~] or offshore, for the purpose of determining whether any of the articles or pests enumerated in this chapter or rules adopted thereto, is present;

(B) Enter into or upon any airport, pier, warehouse, [~~airport,~~] or any other place in the State where any of the [~~above-mentioned~~] articles mentioned in this section are moved or stored, for the purpose of ascertaining, by inspection and examination, whether [~~or not~~] any of the articles is infected or infested [~~or infected~~] with any disease or pest [~~or disease~~] or contaminated with soil or contains prohibited plants or animals; and

(C) Inspect any baggage or personal effects of disembarking passengers, officers, and crew members on aircraft or vessels arriving in the State to ascertain if [~~they~~] the baggage or personal effects contain any of the articles or pests enumerated in this chapter. No baggage or other personal effects of the passengers or crew members shall be released until the baggage or effects have been passed.

Baggage or cargo inspection shall be made at the discretion of the inspector, on the aircraft, pier, or vessel[~~, or aircraft~~] or in any quarantine or inspection area.

Whenever the inspector has good cause to believe that the provisions of this chapter are being violated, the inspector may require that any box, package, suitcase, or any other container carried as ship's stores, cargo, or otherwise by any aircraft or vessel [~~or aircraft~~] moving between the continental United States and Hawaii or between the [~~Hawaiian Islands,~~] islands of the State, be opened for inspection to determine whether any article or pest prohibited by this chapter or by rules adopted pursuant thereto is present. It [is] shall be a violation of this section if any prohibited article or any pest or any plant, fruit, or vegetable infested with plant pests is found;

(6) Request for importation and inspection. In addition to requirements of the United States customs authorities concerning invoices or other formalities incident to importations into the State, the importer shall be required to file a written statement with the department, signed by the importer or the importer's agent, setting forth the importer's desire to import certain of the [~~above-mentioned~~] articles mentioned in this section into the State and:

(A) Giving the following additional information:

(i) The kind (scientific name), quantity, and description;

(ii) The locality where same were grown or produced;

(iii) Certification that all animals to be imported are the progeny of captive populations or have been held in captivity for a period of one year immediately before importation or have been specifically approved for importation by the board;

(iv) The port from which the same were last shipped;

(v) The name of the shipper; and

(vi) The name of the consignee; and

(B) Containing:

(i) A request that the department, by its duly authorized agent, examine the articles described;

(ii) An agreement by the importer to be responsible for all costs, charges, or expenses; and

(iii) A waiver of all claims for damages incident to the inspection or the fumigation, disinfection, quarantine, or destruction of the articles, or any of them, as hereinafter provided, if any treatment is deemed necessary.

Failure or refusal to file a statement, including the agreement and waiver, [is] shall be a violation of this section and may, in the discretion of the department, be sufficient cause for refusing to permit the entry of the articles into the State;

(7) Place of inspection. If, in the judgment of the inspector, it is deemed necessary or advisable to move any of the [~~above-mentioned~~] articles[,] mentioned in this section, or any portion thereof, to a place more suitable for inspection than the pier, airport, or any other place where they are first received or discharged, the inspector [is] shall be authorized to do so. All costs and expenses incident to the movement and transportation of the articles to any other place shall be borne by the importer or the importer's agent. If the importer, importer's agent, or transportation company requests inspection of sealed containers of the [~~above-mentioned~~] articles mentioned in this section at locations other than where the articles are first received or discharged and the department determines that inspection at the other place is appropriate, the department may require payment of costs necessitated by these inspections, including overtime costs;

(8) Disinfection or quarantine. If, upon inspection, any article received or brought into the State for the purpose of debarkation or entry therein is found to be infested or infected or there is reasonable cause to presume that it is infested or infected and the infestation or infection can, in the judgment of the inspector, be eradicated, a treatment shall be given [~~such~~] to the article. The treatment shall be at the expense of the owner or the owner's agent, and the treatment shall be as prescribed by the department. The article shall be held in quarantine at the expense of the owner or the owner's agent at a satisfactory place approved by the department for a sufficient length of time to determine that eradication has been accomplished. If the infection or infestation [~~or infection~~] is of the nature or extent that it cannot be effectively and completely eradicated, or if it is a potentially destructive pest or it is not widespread in the State, or after treatment it is determined that the infection or infestation [~~or infection~~] is not completely eradicated, or if the owner or [~~the~~] owner's agent refuses to allow the article to be treated or refuses to be responsible for the cost of treatment and quarantine, the article, or any portion thereof, [~~together~~] with all packing and containers, may, at the discretion of the inspector, be destroyed or sent out of the State at the expense of the owner or [~~the~~] owner's agent. The destruction or exclusion shall not be made the basis of a claim against the department or the inspector for damage or loss incurred;

(9) Disposition. Upon completion of inspection, either at the time of arrival or at any time thereafter should any article be held for inspection, treatment, or quarantine, the inspector shall affix to the article or [~~the~~] container or to the delivery order in a conspicuous place thereon, a [~~tag,~~] label, [or] stamp, or tag to indicate that the article has been inspected and passed. This action shall constitute a permit to bring the article into the State; and

(10) Ports of entry. None of the articles mentioned in this section shall be allowed entry into the State except through the airports and seaports in the State designated and approved by the board."

PART IV

SECTION 11. Chapter 150A, Hawaii Revised Statutes, is amended by adding two new sections to part VI to be appropriately designated and to read as follows:

"§150A-A 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 expands to other areas within a county or 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) The Hawaii invasive species council shall work with the chairperson; 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 board of 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.

§150A-B Rapid response quarantine authority. The chairperson may quarantine any area that is known or reasonably suspected to be infested with a newly detected invasive species or pest, a new population of an invasive species or pest, an invasive species or pest that is being actively controlled in the State, or a prohibited or restricted organism, to prevent the movement of materials to or from the location."

SECTION 12. 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;

(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; and

(3) Coordinate with partner agencies and organizations to direct the control and eradication of [~~invasive species.~~] pests."

SECTION 13. 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 without a permit that are discovered 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 importers relating to a discovered or suspected infestation of a pest or prohibited or restricted organism; and

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

[~~(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."

PART V

SECTION 14. Chapter 150A, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§150A-C Invasive species dashboard; establishment; requirements. (a) No later than December 1, 2025, the department shall establish an invasive species dashboard to provide real-time data and information for treatment areas to the public. The dashboard shall be updated regularly and be hosted and managed by the department.

(b) The department shall regularly and timely post treatment area information to the dashboard.

(c) Any state department, agency, or political subdivision that does not provide information for the invasive species dashboard in compliance with this section shall not receive or expend public funds. The deputy chairperson for biosecurity shall be responsible for ensuring compliance with this section.

§150A-D Pest management plans. (a) Any person may submit to the board a proposed pest management plan. The proposed pest management plan shall include:

(1) The name of the person submitting the proposed pest management plan;

(2) The organism proposed to be classified as a pest; provided that a proposed pest management plan may encompass a category of organisms proposed to be classified as pests;

(3) A description of the organism's adverse effects;

(4) A description of the region of the proposed plan or whether the proposed plan will be implemented statewide;

(5) The reason for the proposed plan;

(6) Objectives of the proposed plan;

(7) The principal measures to achieve the objectives and alternative measures, if any;

(8) An allocation of the costs, if applicable;

(9) Proposed funding; and

(10) Other information as required by the department.

(b) The board shall review the proposed plan, taking into consideration:

(1) Whether the implementation of the proposed plan is likely to eradicate or effectively manage the organism proposed to be declared a pest;

(2) Whether the proposed plan is inconsistent with any federal or state requirement, activity, or policy;

(3) Any harmful effects of denying the proposed pest management plan;

(4) Whether the benefits of the proposed plan would outweigh the costs; and

(5) Other considerations established by the department.

(c) At a public hearing, the board shall approve the proposed plan, deny the proposed plan, or approve the proposed plan with modifications.

(d) The department may negotiate with the person who submitted the proposed plan or any other person before taking action.

(e) The board shall publish each proposed plan it approves and each proposed plan it approves with modifications.

(f) The department may enter into contracts to implement approved proposed plans and proposed plans approved with modifications."

PART VI

SECTION 15. 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 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for full-time equivalent ( FTE) positions within the department of agriculture and biosecurity; provided that the funds shall be allocated as follows:

(1) $ for full-time equivalent ( FTE) positions under plant pest and disease control (AGR122); and

(2) $ for full-time equivalent ( FTE) positions under pesticides (AGR846).

The sums appropriated shall be expended by the department of agriculture and biosecurity for the purposes of this Act.

PART VII

SECTION 16. In codifying the new sections added by sections 11 and 14 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 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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 19. This Act shall take effect on July 1, 3000.

THE SENATE	S.B. NO.	1100
THIRTY-THIRD LEGISLATURE, 2025		S.D. 2
STATE OF HAWAII		H.D. 2