SB140

SECTION 1. The legislature finds that invasive pests such as insects and pathogens found on firewood imported into the State can pose a significant risk to native forests and plants. Firewood harvested from low-quality living trees or dead trees can continue to harbor certain pests or diseases that lead to the trees' poor condition or death.

A number of pests established in the continental United States, such as the emerald ash borer and Asian longhorned beetle, and diseases such as the laurel wilt pathogen, which kills laurel and avocado, and oak wilt, which kills oak trees, including many other pests and diseases, can travel in or on domestic firewood. These pests and diseases pose a danger to the State's forests, environment, natural resources, horticultural and agricultural industries, and residents.

The legislature also finds that the United States Department of Agriculture had adopted domestic quarantine regulations for the wood-boring emerald ash borer, which requires much of the firewood harvested in the United States to be heat-treated before interstate movement or sale. However, these domestic quarantine regulations were removed in January 2021.

To fill the gap, many states, including Florida, New York, Tennessee, and Utah, have adopted requirements mandating that firewood imported into their respective states be heat-treated to disinfect the firewood. Presently, the Hawaii department of agriculture does not have any treatment requirements for firewood. This lack of regulations remains a significant biosecurity gap in Hawaii. Additionally, the United States Department of Agriculture requires that all firewood imported into Hawaii from a foreign country be treated before importation and all importers are required to possess a timber and timber products import permit.

The legislature further finds that the Hawaii department of agriculture held public informational meetings for stakeholders on a proposed rule that would require treatment of domestic imported firewood in May and June 2022. However, the department of agriculture has not made progress in requesting to enter rulemaking since that time. The National Plant Board created model language to assist states in the adoption of firewood treatment standards to prevent the spread of pests on firewood. Adopting these standards will close the existing biosecurity gap in Hawaii.

Accordingly, the purpose of this Act is to require firewood imported into the State from another state to be heat-treated or imported under certain exemptions to prevent the spread of invasive pests.

SECTION 2. Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§150A- Firewood; heat-treatment; requirements; exemptions. (a) The introduction of firewood into the State from another state and the transportation or sale of firewood within the State shall be prohibited except for:

(1) Firewood that is certified by an appropriate federal or state agency as heat-treated and labeled in accordance with subsection (b); or

(2) Firewood introduced pursuant to subsection (c), heat-treated, if required, and labeled in accordance with subsection (b).

(b) Firewood imported into the State shall bear a clear and conspicuous label on each package of firewood intended to be offered, exposed, or held for sale that contains the following information:

(1) State of origin of firewood;

(2) If the firewood is imported pursuant to subsection (a)(1):

(A) A statement that the firewood has been certified as heat-treated; and

(B) The name of the federal or state certifying agency and the certificate number;

(3) Identification of the commodity as firewood, unless the contents can be easily identified through the wrapper or container; and

(4) Name and address of the manufacturer, packer, or distributor of the firewood.

(c) The department may authorize the importation or sale of firewood on a case-by-case basis if the person producing, processing, or importing the firewood is operating under a compliance agreement or other contract with an appropriate federal or state agency; provided that the department shall determine that the firewood:

(1) Is heat treated; or

(2) Will not pose an unacceptable risk of introducing or spreading an insect, disease, or other pest.

(d) The department may, at any time, revoke an exemption under subsection (c) due to a change in the risk assessment.

(e) Any person who imports firewood into the State shall maintain, and make available to the department upon request, records of imports for at least two years.

(f) Firewood harvested within the State shall not be subject to the requirements of this section.

(g) As used in this section:

"Firewood" means any kindling, logs, timber, or other portions of a tree of any species four feet or less in length; cut or split, or intended to be cut or split, into a form and size appropriate for use as fuel for fires in an open or closed pit, grill, fireplace, stove, wood burning furnace; or in any other form commonly used for burning in campfires, stoves, or fireplaces.

"Heat-treated" means firewood that has been heated to at least one hundred sixty degrees Fahrenheit for seventy-five minutes at wood core."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	140
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII