HB 1449: DOA; Biosecurity; Pest Control; Plant Care Components; Rules; Penalties; Positions; Appropriations
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2025-03-20
Current Status:
Failed
(2025-12-08: Carried over to 2026 Regular Session.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Authorizes the Department of Agriculture to adopt rules related to the Plant Care Component Program. Prohibits distributing plant care components that originated outside the State unless it was subjected to treatment before arrival. Establishes administrative penalties to enforce the Plant Care Component Program. Appropriates funds and establishes positions for purposes of the Plant Care Component Program. Effective 7/1/2050. (SD1)
Authorizes the Department of Agriculture to adopt rules related to the plant care component program. Prohibits distributing plant care components that originated outside the State unless it was subjected to treatment before arrival. Establishes administrative penalties to enforce the plant care component program. Appropriates funds and establishes positions for purposes of the plant care component program. Effective 7/1/3000. (HD2)
Authorizes the Department of Agriculture to adopt rules and establishes administrative penalties to establish and enforce the plant care component program. Appropriates funds and establishes positions for purposes of the plant care component program. Effective 7/1/3000. (HD1)
Authorizes the Department of Agriculture to adopt rules and establishes administrative penalties to establish and enforce the plant care component program. Appropriates funds and establishes positions for purposes of the plant care component program.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1449 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO PLANT CARE COMPONENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that treating plant care components, which include any quantity of wood chips, compost, or filter socks, reduces potential pests and increases the State's overall biosecurity. The legislature further finds that Act 197, Session Laws of Hawaii 2024, requires the department of agriculture to certify plant care component treatments performed within the State.
The purpose of this Act is to strengthen the plant care component program by:
(1) Authorizing the department of agriculture to adopt rules and administrative penalties related to the program; and
(2) Appropriating funds for the plant care component program and certain positions.
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, 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[.];
(7) The establishment, fee schedule, appropriate treatments, certification requirements, restrictions, and enforcement of or for a plant care component program; and
(8) Any other purpose within this part related to plant care components.
All rules adopted under this section shall have the force and effect of law."
SECTION 3. Section 141-18, Hawaii Revised Statutes, is amended to read as follows:
"[[]§141-18[]] Plant care components;
fumigation; treatment; certification; fees; restrictions.
(a) The department of
agriculture:
(1) Shall certify plant care component treatments performed within the State;
(2) May certify and permit entities to conduct plant care component treatments before shipment; and
(3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.
(b) No
person shall distribute within the State any plant care component that
originated outside the State, unless [the]:
(1) The plant care component was subjected to a treatment before entering the State; or
(2) The plant
care component has been treated immediately after [entering] arrival
in the State, as certified by the department of agriculture.
(c) No person shall transport any plant care component:
(1) Between the islands of the State; or
(2) From a location within the State to a location outside the State,
without prior certification from the department of agriculture that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment.
(d) Any person who violates any provision of this section or the rules adopted pursuant to section 141-2 may be assessed an administrative penalty of no more than $10,000 for each offense; provided that the person receives appropriate notice and the opportunity for a contested case hearing. Unless the person makes a written request for a hearing within twenty days of receipt of the notice, the proposed penalty and finding of a violation pursuant to this section shall be a final order. In determining the amount of the penalty, the board shall consider:
(1) The appropriateness based on the size of the business of the person charged;
(2) The effect on the person's ability to continue the person's business; and
(3) The gravity of the violation.
(e) In the event of failure to pay or collect the full amount of the administrative penalty in subsection (d), the board shall refer the matter to the attorney general, who shall seek to recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general shall have the burden of showing that:
(1) Adequate notice was provided;
(2) A contested case hearing was held or the time to request a hearing had expired;
(3) The administrative penalty was imposed; and
(4) The administrative penalty remains unpaid in full.
(f) When construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of the person and the officer, agent, or other person employed.
[(d)] (g) For the purposes of this section:
"Board" means the board of agriculture.
"Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control.
"Person" means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.
"Plant care component" or
"component" means any quantity of wood chips[,] or
compost[,] that is used in the care or propagation of plants, or
filter socks.
"Treat" or "treatment" means fumigation or heat treatment."
SECTION 4. 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 the implementation and performance of the plant care component program and the establishment of full‑time equivalent ( FTE) permanent civil service plant quarantine inspector IV positions and full-time equivalent ( FTE) permanent civil service plant quarantine inspector III positions within the department of agriculture's plant industry division, plant quarantine branch to effectuate this Act.
The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Report Title:
DOA; Biosecurity; Pest Control; Plant Care Components; Rules; Penalties; Positions; Appropriations
Description:
Authorizes the Department of Agriculture to adopt rules related to the Plant Care Component Program. Prohibits distributing plant care components that originated outside the State unless it was subjected to treatment before arrival. Establishes administrative penalties to enforce the Plant Care Component Program. Appropriates funds and establishes positions for purposes of the Plant Care Component Program. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1449 |
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THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 2 |
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STATE OF HAWAII |
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|
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|
|
|
|
|
||
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|
||
A BILL FOR AN ACT
RELATING TO PLANT CARE COMPONENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that treating plant care components, which include any quantity of wood chips, compost, or filter socks, reduces potential pests and increases the State's overall biosecurity. The legislature further finds that Act 197, Session Laws of Hawaii 2024, requires the department of agriculture to certify plant care component treatments performed within the State.
The purpose of this Act is to strengthen the plant care component program by:
(1) Authorizing the department of agriculture to adopt rules and administrative penalties related to the program; and
(2) Appropriating funds for the plant care component program and certain positions.
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, 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[.];
(7) The establishment, fee schedule, appropriate treatments, certification requirements, restrictions, and enforcement of or for a plant care component program; and
(8) Any other purpose within this part related to plant care components.
All rules adopted under this section shall have the force and effect of law."
SECTION 3. Section 141-18, Hawaii Revised Statutes, is amended to read as follows:
"[[]§141-18[]] Plant care components;
fumigation; treatment; certification; fees; restrictions.
(a) The department of
agriculture:
(1) Shall certify plant care component treatments performed within the State;
(2) May certify and permit entities to conduct plant care component treatments before shipment; and
(3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.
(b) No
person shall distribute within the State any plant care component that
originated outside the State, unless [the]:
(1) The plant care component was subjected to a treatment before entering the State; or
(2) The plant
care component has been treated immediately after [entering] arrival
in the State, as certified by the department of agriculture.
(c) No person shall transport any plant care component:
(1) Between the islands of the State; or
(2) From a location within the State to a location outside the State,
without prior certification from the department of agriculture that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment.
(d) Any person who violates any provision of this section or the rules adopted pursuant to section 141-2 may be assessed an administrative penalty of no more than $10,000 for each offense; provided that the person receives appropriate notice and the option for a contested case hearing. Unless the person makes a written request for a hearing within twenty days of receipt of the notice, the proposed penalty and finding of a violation pursuant to this section shall be a final order. In determining the amount of the penalty, the board shall consider:
(1) The appropriateness based on the size of the business of the person charged;
(2) The effect on the person's ability to continue the person's business; and
(3) The gravity of the violation.
(e) In the event of failure to pay or collect the full amount of the administrative penalty in subsection (d), the board shall refer the matter to the attorney general, who shall seek to recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general shall have the burden of showing that:
(1) Adequate notice was provided;
(2) A contested case hearing was held or the time to request a hearing had expired;
(3) The administrative penalty was imposed; and
(4) The administrative penalty remains unpaid in full.
(f) When construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of the person and the officer, agent, or other person employed.
[(d)] (g) For the purposes of this section:
"Board" means the board of agriculture.
"Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control.
"Person" means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.
"Plant care component" or
"component" means any quantity of wood chips[,] or
compost[,] that is used in the care or propagation of plants, or
filter socks.
"Treat" or "treatment" means fumigation or heat treatment."
SECTION 4. 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 the implementation and performance of the plant care component program and the establishment of full-time equivalent ( FTE) permanent civil service plant quarantine inspector IV positions and full-time equivalent ( FTE) permanent civil service plant quarantine inspector III positions within the department of agriculture's plant industry division, plant quarantine branch to effectuate this Act.
The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
DOA; Biosecurity; Pest Control; Plant Care Components; Penalties; Positions; Appropriation
Description:
Authorizes the Department of Agriculture to adopt rules related to the plant care component program. Prohibits distributing plant care components that originated outside the State unless it was subjected to treatment before arrival. Establishes administrative penalties to enforce the plant care component program. Appropriates funds and establishes positions for purposes of the plant care component program. Effective 7/1/3000. (HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1449 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
H.D. 1 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO PLANT CARE COMPONENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that treating plant care components, which include any quantity of wood chips, compost, or filter socks, reduces potential pests and increases the State's overall biosecurity. The legislature further finds that Act 197, Session Laws of Hawaii 2024, requires the department of agriculture to certify plant care component treatments performed within the State.
The purpose of this Act is to strengthen the plant care component program by:
(1) Authorizing the department of agriculture to adopt rules and administrative penalties related to the program; and
(2) Appropriating funds for the plant care component program and certain positions.
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, 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] paragraphs (1) and (2) 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[.];
(7) The establishment, fee schedule, appropriate treatments, certification requirements, restrictions, and enforcement of or for a plant care component program; and
(8) Any other purpose within this part.
All rules adopted under this section shall have the force and effect of law."
SECTION 3. Section 141-18, Hawaii Revised Statutes, is amended to read as follows:
"[[]§141-18[]] Plant care components;
fumigation; treatment; certification; fees; restrictions.
(a) The department of
agriculture:
(1) Shall certify plant care component treatments performed within the State;
(2) May certify and permit entities to conduct plant care component treatments before shipment; and
(3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.
(b) No
person shall distribute within the State any plant care component that
originated outside the State, unless [the]:
(1) The plant care component was subjected to a treatment prior to entering the State; or
(2) The plant
care component has been treated immediately after [entering] arrival
in the State, as certified by the department of agriculture.
(c) No person shall transport any plant care component:
(1) Between the islands of the State; or
(2) From a location within the State to a location outside the State,
without prior certification from the department of agriculture that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment.
(d) Any person who violates any provision of this section or the rules adopted pursuant to this section may be assessed an administrative penalty of no more than $10,000 for each offense; provided that the person receives appropriate notice and the option for a contested case hearing. Unless the person makes a written request for a hearing within twenty days of receipt of the notice, the proposed penalty and finding of a violation pursuant to this section shall be a final order. In determining the amount of the penalty, the board shall consider:
(1) The appropriateness based on the size of the business of the person charged;
(2) The effect on the person's ability to continue the person's business; and
(3) The gravity of the violation.
(e) In the event of failure to pay or collect the full amount of the administrative penalty in subsection (d), the board shall refer the matter to the attorney general, who shall seek to recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general shall have the burden of showing that:
(1) Adequate notice was provided;
(2) A contested case hearing was held or the time to request a hearing had expired;
(3) The administrative penalty was imposed; and
(4) The administrative penalty remains unpaid in full.
(f) When construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of the person and the officer, agent, or other person employed.
[(d)] (g) For the purposes of this section:
"Board" means the board of agriculture.
"Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control.
"Person" means any individual, firm, corporation, association, or partnership or any organized group of persons whether incorporated or not.
"Plant care component" or
"component" means any quantity of wood chips[,] or
compost[,] that is used in the care or propagation of plants, or
filter socks.
"Treat" or "treatment" means fumigation or heat treatment."
SECTION 4. 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 the implementation and performance of the plant care component program and the establishment of full-time equivalent ( FTE) permanent civil service plant quarantine inspector IV positions and full-time equivalent ( FTE) permanent civil service plant quarantine inspector III positions within the department of agriculture's plant industry division, plant quarantine branch to effectuate this Act.
The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
DOA; Biosecurity; Pest Control; Plant Care Components; Penalties; Positions; Appropriation
Description:
Authorizes the Department of Agriculture to adopt rules and establishes administrative penalties to establish and enforce the plant care component program. Appropriates funds and establishes positions for purposes of the plant care component program. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1449 |
|
THIRTY-THIRD LEGISLATURE, 2025 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
relating to plant care components.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that treating plant care components, which includes any quantity of wood chips, compost, or filter socks, reduces potential pests and increases the State's overall biosecurity. The legislature further finds that Act 197, Session Laws of Hawaii 2024, requires the department of agriculture to certify plant care component treatments performed within the State.
The purpose of this Act is to strengthen the plant care component program by authorizing the department of agriculture to adopt rules and administrative penalties related to the program.
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, 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[.];
(7) The establishment, fee schedule, appropriate treatments, certification requirements, restrictions, and enforcement of or for a plant care component program; and
(8) Any other purpose within this part.
All rules adopted under this section shall have the force and effect of law."
SECTION 3. Section 141-18, Hawaii Revised Statutes, is amended to read as follows:
"[[]§141-18[]] Plant care components;
fumigation; treatment; certification; fees; restrictions.
(a) The department of
agriculture:
(1) Shall certify plant care component treatments performed within the State;
(2) May certify and permit entities to conduct plant care component treatments before shipment; and
(3) Shall deposit any fees collected for certifications of plant care component treatment pursuant to section 150A-21 into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.
(b) No person shall distribute within the State any plant care component that originated outside the State, unless the plant care component has been treated immediately after entering the State, as certified by the department of agriculture.
(c) No person shall transport any plant care component:
(1) Between the islands of the State; or
(2) From a location within the State to a location outside the State,
without prior certification from the department of agriculture that the component has been treated pursuant to this section; provided that the component shall be stored in a manner to prohibit infestation post-treatment.
(d) Any person who violates any provision of this section or the rules adopted pursuant to this section may be assessed an administrative penalty of no more than $10,000 for each offense; provided that the person receives appropriate notice and the option for a contested case hearing. Unless the person makes a written request for a hearing within twenty days of receipt of the notice, the proposed penalty and finding of a violation pursuant to this section shall be a final order. In determining the amount of the penalty, the board shall consider:
(1) The appropriateness based on the size of the business of the person charged;
(2) The effect on the person's ability to continue the person's business; and
(3) The gravity of the violation.
(e) In the event of failure to pay or collect the full amount of the administrative penalty in subsection (d), the board shall refer the matter to the attorney general, who shall seek to recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general shall have the burden of showing that:
(1) Adequate notice was provided;
(2) A contested case hearing was held or the time to request a hearing had expired;
(3) The administrative penalty was imposed; and
(4) The administrative penalty remains unpaid in full.
(f) When construing and enforcing the provisions of this section, the act, omission, or failure of any officer, agent, or other person acting for or employed by any person shall in every case be also deemed to be the act, omission, or failure of the person and the person employed.
[(d)] (g) For the purposes of this section:
"Filter sock" means a mesh tube that contains organic plant material, which is used for erosion control.
"Plant care component" or "component" means any quantity of wood chips, compost, or filter socks.
"Treat" or "treatment" means fumigation or heat treatment."
SECTION 4. 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 the implementation and performance of the plant care component program and the establishment of full-time equivalent ( FTE) permanent civil service plant quarantine inspector IV positions and full-time equivalent ( FTE) permanent civil service plant quarantine inspector III positions within the department of agriculture's plant industry division, plant quarantine branch to effectuate this Act.
The sums appropriated shall be expended by the department of agriculture for the purposes of this Act.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2025.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
DOA; Biosecurity; Pest Control; Plant Care Components; Penalties; Positions; Appropriation
Description:
Authorizes the Department of Agriculture to adopt rules and establishes administrative penalties to establish and enforce the plant care component program. Appropriates funds and establishes positions for purposes of the plant care component program.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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Date
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Status
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|---|---|
| Dec 8, 2025 | Carried over to 2026 Regular Session. |
| Mar 21, 2025 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM. |
| Mar 21, 2025 | Reported from AEN/JDC (Stand. Com. Rep. No. 1249) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM. |
| Mar 19, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 4 Aye(s): Senator(s) Rhoads, Gabbard, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Chang. |
| Mar 19, 2025 | The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in AEN were as follows: 3 Aye(s): Senator(s) Gabbard, Rhoads, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Richards, DeCoite. |
| Mar 14, 2025 | The committee(s) on AEN/JDC has scheduled a public hearing on 03-19-25 10:00AM; Conference Room 016 & Videoconference. |
| Mar 11, 2025 | Re-Referred to AEN/JDC, WAM. |
| Mar 4, 2025 | Referred to AEN, WAM. |
| Mar 4, 2025 | Passed First Reading. |
| Mar 4, 2025 | Received from House (Hse. Com. No. 175). |
| Feb 28, 2025 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Pierick, Templo, Ward excused (4). Transmitted to Senate. |
| Feb 28, 2025 | Reported from FIN (Stand. Com. Rep. No. 947), recommending passage on Third Reading. |
| Feb 20, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 14 Ayes: Representative(s) Yamashita, Takenouchi, Grandinetti, Holt, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lamosao, Lee, M., Miyake, Morikawa, Templo, Reyes Oda; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Alcos, Ward. |
| Feb 18, 2025 | Bill scheduled to be heard by FIN on Thursday, 02-20-25 2:00PM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 14, 2025 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Matayoshi, Poepoe, Ward excused (4). |
| Feb 14, 2025 | Reported from JHA (Stand. Com. Rep. No. 719) as amended in HD 2, recommending referral to FIN. |
| Feb 11, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; 0 Noes: none; and 2 Excused: Representative(s) Cochran, Hashem. |
| Feb 7, 2025 | Bill scheduled to be heard by JHA on Tuesday, 02-11-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 4, 2025 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Kong, Ward excused (3). |
| Feb 4, 2025 | Reported from AGR (Stand. Com. Rep. No. 83) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Jan 31, 2025 | The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Kahaloa, Kusch, Lowen, Perruso, Quinlan; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Ward. |
| Jan 28, 2025 | Bill scheduled to be heard by AGR on Friday, 01-31-25 10:00AM in House conference room 325 VIA VIDEOCONFERENCE. |
| Jan 27, 2025 | Referred to AGR, JHA, FIN, referral sheet 4 |
| Jan 23, 2025 | Introduced and Pass First Reading. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Mar 19, 2025 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Mar 19, 2025 | The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Agriculture and Environment |
Passed |
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| Feb 28, 2025 | Third Reading | House Floor |
Passed |
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| Feb 20, 2025 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
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| Feb 11, 2025 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Jan 31, 2025 | The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Agriculture & Food Systems |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Board of Agriculture | *** Support | Mar 19, 2025 |
| Carol Kwan Consulting LLC | ** Support | |
| Department of Agriculture | ** Support | |
| Hawaii Food+ Policy | ** Support | |
| Hawaii Farmers Union | ** Support | |
| Hawaiʻi Farm Bureau | ** Support | |
| Hawaiʻi Invasive Species Council | ** Support |
STAND. COM. REP. NO. 1249
Honolulu, Hawaii
RE: H.B. No. 1449
H.D. 2
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Sir:
Your Committees on Agriculture and Environment and Judiciary, to which was referred H.B. No. 1449, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PLANT CARE COMPONENTS,"
beg leave to report as follows:
The purpose and intent of this measure is to:
(1) Authorize the Department of Agriculture to adopt rules related to the Plant Care Component Program;
(2) Prohibit distributing plant care components that originated outside the State unless subjected to treatment before arrival;
(3) Establish administrative penalties to enforce the Plant Care Component Program; and
(4) Appropriate funds and establish positions for purposes of the Plant Care Component Program.
Your Committees received testimony in support of this measure from the Department of Agriculture and Hawaiʻi Farm Bureau.
Your Committees find that properly treating plant care components before they are distributed or transported within and from the State will help prevent the introduction and spread of invasive species. Your Committees recognize that the Legislature addressed this biosecurity concern by requiring the Department of Agriculture (Department), through Act 197, Session Laws of Hawaii 2024, to certify treatments performed on wood chips, compost, and filter socks and placing certain restrictions on distributing or transporting plant care components without prior treatment certification. This measure further strengthens the Department's ability to prevent the introduction and spread of invasive species through infested plant care components by providing the Department with the authority and resources to enforce the certification and treatment of imported plant care components in the State.
Your Committees have amended this measure by:
(1) Inserting an effective date of July 1, 2050, to encourage further discussion; and
(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.
Your Committees note that this measure contains an unspecified appropriation amount and establishes an unspecified number of certain positions. Should your Committee on Ways and Means choose to deliberate on this measure, your Committees respectfully request that it consider inserting an appropriation amount of $471,168 for each fiscal year of the biennium for the implementation and performance of the Plant Care Component Program and the establishment of one full-time equivalent (1.0 FTE) permanent civil service plant quarantine inspector IV position and seven full-time equivalent (7.0 FTE) permanent civil service plant quarantine inspector III positions within the Plant Quarantine Branch of the Plant Industry Division of the Department of Agriculture.
As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1449, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1449, H.D. 2, S.D. 1, and be referred to your Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Judiciary,
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________________________________ KARL RHOADS, Chair |
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________________________________ MIKE GABBARD, Chair |
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STAND. COM. REP. NO. 947
Honolulu, Hawaii
, 2025
RE: H.B. No. 1449
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 1449, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO PLANT CARE COMPONENTS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Require the Department of Agriculture to adopt rules and administrative penalties related to the Plant Care Component Program; and
(2) Appropriate funds for the Plant Care Component Program and certain positions.
Your Committee received testimony in support of this measure from the Department of Agriculture; Hawaiʻi Invasive Species Council; Carol Kwan Consulting LLC; Hawaiʻi Farm Bureau; and one individual.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1449, H.D. 2, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
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____________________________ KYLE T. YAMASHITA, Chair |
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STAND. COM. REP. NO. 719
Honolulu, Hawaii
, 2025
RE: H.B. No. 1449
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1449, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO PLANT CARE COMPONENTS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Authorize the Department of Agriculture to adopt rules and establish administrative penalties to enforce the Plant Care Component Program; and
(2) Appropriate funds for the Plant Care Component Program and certain positions.
Your Committee received testimony in support of this measure from the Department of Agriculture; Hawaiʻi Invasive Species Council; Hawaiʻi Farm Bureau; and Carol Kwan Consulting LLC.
Your Committee finds that it is critically important to prevent destructive invasive species from entering the State. Your Committee further finds that Act 197, Session Laws of Hawaii 2024 (Act 197), took a critical step in the more stringent regulation of plant components. This measure adds critical support to Act 197 by authorizing penalties for violations related to the plant care components law and establishing positions.
Your Committee has amended this measure by:
(1) Clarifying that the Department of Agriculture shall adopt, amend, and repeal rules concerning plant care components; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee respectfully requests your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $471,168 for:
(1) One full-time equivalent (1.0 FTE) permanent civil service plant quarantine inspector IV position; and
(2) Seven full-time equivalent (7.0 FTE) permanent civil service plant quarantine inspector III positions.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1449, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 1449, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
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____________________________ DAVID A. TARNAS, Chair |
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STAND. COM. REP. NO. 83
Honolulu, Hawaii
, 2025
RE: H.B. No. 1449
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2025
State of Hawaii
Madame:
Your Committee on Agriculture & Food Systems, to which was referred H.B. No. 1449 entitled:
"A BILL FOR AN ACT RELATING TO PLANT CARE COMPONENTS,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Authorize the Department of Agriculture to adopt rules and establishes administrative penalties to establish and enforce the Plant Care Component Program; and
(2) Appropriate funds for the Plant Care Component Program and certain positions.
Your Committee received testimony in support of this measure from the Department of Agriculture; Hawaii Invasive Species Council; Hawaii Farmers Union; Hawaii Farm Bureau; and Hawaii Food+ Policy.
Your Committee finds that Hawaii's agricultural and natural ecosystems are highly vulnerable to invasive pests and plant diseases, which can threaten local food production, biodiversity, and forest health. Act 197, Session Laws of Hawaii 2024, took an important step in addressing this issue by requiring the Department of Agriculture to certify the treatment of plant care components such as wood chips, compost, and filter socks. However, without clear enforcement mechanisms and sufficient resources, the risk of untreated or improperly treated materials spreading harmful pests persists. This measure strengthens the existing program by authorizing the Department of Agriculture to adopt rules and administrative penalties and providing additional resources. By investing in regulatory oversight, this measure not only protects the State's agricultural industry and forests, but also supports food security, reduces dependence on imported goods, and promotes long-term sustainability.
Your Committee has amended this measure by:
(1) Clarifying the conditions under which a person may distribute within the State a plant care component that originated outside the State;
(2) Adding definitions for "board" and "person";
(3) Clarifying the definition of "plant care component" or "component";
(4) Changing the effective date to July 1, 3000, to encourage further discussion; and
(5) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee respectfully respects your Committee on Finance, should it deliberate on this measure, to consider an appropriation amount of $471,168 for the implementation and performance of the Plant Care Component Program, including the establishment of one full-time equivalent (1.0 FTE) permanent civil service Plant Quarantine Inspector IV position and seven full-time equivalent (7.0 FTE) permanent civil service Plant Quarantine Inspector III positions within the Department of Agriculture's Plant Industry Division, Plant Quarantine Branch.
As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1449, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1449, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,
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____________________________ KIRSTIN KAHALOA, Chair |
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Date
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Testimony PDF
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|---|---|
| Mar 19, 2025 | HB1449_HD2_TESTIMONY_AEN-JDC_03-19-25_.PDF |
| Feb 20, 2025 | HB1449_HD2_TESTIMONY_FIN_02-20-25_.PDF |
| Feb 11, 2025 | HB1449_HD1_TESTIMONY_JHA_02-11-25_.PDF |
| Jan 30, 2025 | HB1449_TESTIMONY_AGR_01-31-25_.PDF |
Discussed in Hearing
1MIN
Senate Standing Committee on Agriculture and Environment
1MIN
Senate Standing Committee on Judiciary
1MIN
House Standing Committee on Finance
8MIN
House Standing Committee on Judiciary & Hawaiian Affairs
1MIN
House Standing Committee on Agriculture & Food Systems
Bill Author
Bill Co-Author(s):