HB 1931: DAB; Advisory Committee on Plants and Animals; State Noxious Weed List; Annual Review; State Noxious Weed Coordinator
- Session Year: 2025-2026
- House: House
- Latest Version Date: 2026-03-27
Current Status:
Failed
(2026-03-30: Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Establishes a State Noxious Weed Coordinator position and updates the process for designating and managing noxious weeds. Allows public proposals to add, amend, or remove noxious weed designations. Requires notice and public reporting. Clarifies the authority of the Department and Board of Agriculture and Biosecurity. Authorizes updates to the noxious weed list to be adopted by order and classifies noxious weeds into three categories. Strengthens enforcement and penalties. Updates departmental duties for noxious weed control and eradication. Effective 7/1/3000. (SD1)
Establishes a State Noxious Weed Coordinator and updates the process for designating and managing noxious weeds. Allows public proposals to add, amend, or remove noxious weed designations. Requires notice and public reporting. Clarifies the authority of the Department and Board of Agriculture and Biosecurity. Authorizes updates to the noxious weed list to be adopted by order and classifies noxious weeds into three categories. Strengthens enforcement and penalties. Updates departmental duties for noxious weed control and eradication. Effective 7/1/3000. (HD2)
Establishes a State Noxious Weed Coordinator and updates the process for designating and managing noxious weeds. Allows public proposals to add, amend, or remove noxious weed designations. Requires notice and public reporting. Clarifies the authority of the Department and Board of Agriculture and Biosecurity. Authorizes updates to the noxious weed list to be adopted by order and classifies noxious weeds into three categories. Strengthens enforcement and penalties. Updates departmental duties for noxious weed control and eradication. Effective 7/1/3000. (HD1)
Establishes a State Noxious Weed Coordinator and updates the process for designating and managing noxious weeds. Allows public proposals to add or remove noxious weed designations. Requires notice and public reporting. Clarifies the authority of the Department and Board of Agriculture and Biosecurity. Authorizes updates to the noxious weed list by order, classifies noxious weeds into three categories. Strengthens enforcement and penalties. Updates departmental duties for noxious weed control and eradication.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1931 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that invasive plants continue to pose significant ecological, agricultural, cultural, and economic threats to the State. The State's noxious weed list, maintained by the department of agriculture and biosecurity, is a critical regulatory tool for identifying and managing invasive plants that endanger native ecosystems, agricultural productivity, and public safety.
The Hawaii invasive species council has estimated that over the past thirty years, a new non-native species has been recorded in Hawaii approximately every eighteen days, while other estimates suggest that more than one hundred seventy new non-native species, roughly one new species every two days, are documented in Hawaii every year. Without early detection and timely intervention, many of these non-native species have the potential to become invasive and harmful. A well-maintained noxious weed list is an essential tool that can minimize the introduction and spread of invasive plants in Hawaii. However, the state noxious weed list has not been updated since 1992.
The legislature further finds that during the intervening decades, numerous invasive weeds have entered and become established in Hawaii yet are not reflected on the list, rendering the list severely outdated and substantially diminishing its effectiveness as a management and regulatory tool. The existing process for adding taxa to the list is also unclear and no longer meets the State's current biosecurity and resource-protection needs, as the list lacks a formal, transparent framework for public nominations, scientific review, and routine updates. Additionally, the existing noxious weed law is oriented primarily toward agricultural concerns and does not fully reflect the State's broader biosecurity responsibilities. With the integration of biosecurity functions into, and the renaming of, the department of agriculture and biosecurity in 2025 and the State's strengthened commitment to comprehensive biosecurity measures, it is necessary to broaden the scope of existing laws and rules to align with this expanded mandate. Modernizing the noxious weed law and establishing a clear, science-based listing process that allows public participation will ensure that agencies and land managers have timely, accurate, and current information needed to respond effectively and to safeguard Hawaii's ecosystems, agricultural resources, and communities. Further, the establishment of a transparent process for public and agency nominations will promote broad stakeholder participation and facilitate the timely identification of emerging threats.
Accordingly, the purpose of this Act is to:
(1) Establish a state noxious weed coordinator and update the process for designating and managing noxious weeds;
(2) Allow public proposals to add, change, or remove noxious weed designations;
(3) Require notice and public reporting;
(4) Clarify the authority of the department and board of agriculture and biosecurity;
(5) Authorize updates to the noxious weed list to be adopted by order and classify noxious weeds into three categories;
(6) Strengthen enforcement and penalties; and
(7) Update departmental duties for noxious weed control and eradication.
SECTION 2. Chapter 152, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§152-A State noxious weed coordinator; established. (a) There is established within the department the state noxious weed coordinator. The coordinator shall be a full-time employee of the department and may be designated by the chairperson from existing personnel or established as a redesignated position from existing appropriations.
(b) The state noxious weed coordinator shall:
(1) Oversee the statewide coordination of activities relating to the identification, designation, assessment, monitoring, and management of noxious weeds;
(2) Serve as the primary liaison among federal, state, and county agencies, the university of Hawaii, and other entities, community groups, and the public on matters relating to noxious weeds;
(3) Manage the proposal review process established under section 152-B, including the receipt, logging, and preliminary review of proposals;
(4) Support the advisory committee on plants and animals by compiling scientific information, preparing taxa assessments, and coordinating expert consultations;
(5) Develop and maintain publicly accessible resources, including updated noxious weed lists, areas declared free or reasonably free of each noxious weed, proposal procedures, and guidance documents;
(6) Facilitate training and outreach on noxious weed identification, reporting, and control; and
(7) Perform any additional duties assigned by the chairperson or required by rules adopted to carry out this chapter.
§152-B Proposals for noxious weed designations, changes, and removals. (a) Any person may submit a proposal to the board.
(b) Proposals may be submitted in electronic form.
(c) Each proposal shall include:
(1) The name and contact information for the person submitting the proposal;
(2) A description of the change to the noxious weed designation requested in the proposal, if applicable;
(3) To the extent applicable and practicable, information addressing the following for each proposed noxious weed designation:
(A) Scientific and common name;
(B) Biological characteristics and evidence of invasiveness;
(C) Impacts or potential impacts;
(D) Current distribution and status; and
(E) Supporting scientific information; and
(4) Any other information the state noxious weed coordinator may reasonably require.
(d) A proposal to designate a new taxon as a noxious weed shall include:
(1) The class of noxious weed requested for the taxon;
(2) The geographic area in the State that is free or reasonably free of the taxon; and
(3) A list of references to support the information provided in the proposal.
(e) A proposal to remove the designation of noxious weed for a plant taxon shall include evidence that the plant taxon no longer meets the definition of noxious weed.
(f) A proposal to change the class designation of a noxious weed shall include evidence that the noxious weed meets the description of the proposed class, as set out in section 152-4.
§152-C Procedure for changes to the state noxious weed list. (a) All proposals submitted under section 152-B to the board ninety days before April 1 of each year shall be accepted by the board for review at a scheduled board meeting; provided that, prior to board review, the state noxious weed coordinator may reject proposals that are incomplete or that do not include all of the requirements described under section 152-B.
(b) For each proposal accepted for review under subsection (a), the state noxious weed coordinator:
(1) Shall review the proposal and assess the invasiveness and impacts or potential impacts associated with each taxon under consideration;
(2) May seek additional information from the person who submitted the proposal;
(3) May conduct additional research related to the proposal, including literature reviews, surveys, and field investigations;
(4) May consult with relevant federal, state, county, and academic experts;
(5) Shall issue written recommendations regarding the adoption, modification, or rejection of the proposal;
(6) Shall consider all oral and written comments submitted under section 152-4(g); and
(7) Shall submit the proposal and written recommendations to the advisory committee on plants and animals.
(c) The advisory committee on plants and animals:
(1) Shall review each proposal, the state noxious weed coordinator's written recommendations, and all oral and written comments submitted on the proposal under section 152-4(g);
(2) May conduct assessments of the invasiveness and impacts or potential impacts associated with each taxon under consideration;
(3) May consult with relevant federal, state, county, and academic experts; and
(4) Shall issue written recommendations to the board regarding adoption, modification, or rejection of each proposal.
(d) Within one hundred eighty days after the scheduled board meeting at which the proposals are accepted for review, the board, after consideration of each recommendation of the advisory committee on plants and animals required by subsection (c) and all oral and written comments submitted under section 152-4(g), shall vote on each proposal.
(e) After the proposals have been voted on, the board shall adopt by order the state noxious weed list for that year, which shall take effect ten days after the department gives public notice of the order in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide and on the publicly available internet website of the department.
(f) Upon petition or recommendation by the chairperson, the board may adopt emergency revisions to the state noxious weed list without prior review by the advisory committee on plants and animals; provided that the advisory committee on plants and animals shall, at its next meeting, review the action and provide its concurrence or a recommendation for revision or rescission.
(g) To adopt an emergency revision under subsection (f), the board shall determine that:
(1) The action is necessary to prevent the introduction or spread of a taxon;
(2) Credible evidence indicates the taxon is likely to become invasive if introduced to the State or an area within the State; and
(3) The action is urgent and deferral until the annual review could result in imminent harm.
(h) The department shall publish the updated state noxious weed list on the publicly available internet website of the department no later than thirty days after the list's adoption."
SECTION 3. Section 141-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of agriculture and biosecurity
shall designate the coqui frog as a pest.
All other pest designations shall be established [by rule, including
the criteria and procedures for the designation of pests for control or
eradication.] as provided by law."
SECTION 4. Section 150A-6.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department shall
designate, by rule, as restricted plants, specific plants that may be
detrimental or potentially harmful to agriculture, horticulture, the
environment, or animal or public health, or that spread or may be likely to
spread an infestation or infection of an insect, pest, or disease that is
detrimental or potentially harmful to agriculture, horticulture, the
environment, or animal or public health.
In addition, plant species designated [by rule] as noxious weeds [are]
pursuant to chapter 152 shall be designated as restricted plants."
SECTION 5. Section 152-1, Hawaii Revised Statutes, is amended as follows:
1. By adding five new definitions to be appropriately inserted and to read:
""Advisory committee on plants and animals" means the advisory committee on plants and animals established pursuant to section 150A-10.
"Board" means the board of agriculture and biosecurity.
"Chairperson" means the chairperson of the board.
"Proposal" means a proposal to designate a new noxious weed, change a noxious weed designation, remove a noxious weed designation, or change the class designation of a noxious weed.
"State noxious weed list" means the list of noxious weeds adopted by order of the board pursuant to this chapter."
2. By amending the definitions of "noxious weed" and "person" to read:
""Noxious weed" means
any plant [species which] taxon that is, or [which] that
may be likely to become, injurious, harmful, or deleterious to the
agricultural, horticultural, aquacultural, or livestock industry [of the
State and to forest and], forests, recreational areas [and],
conservation districts, natural resources, cultural resources, environment,
or public or animal health of the State, as determined and designated [by
the department from time to time.] pursuant to this chapter. "Person" means any individual,
firm, corporation, association, [or partnership.] society, community,
or assembly, known or unknown, and the public generally. "Person" includes any government
and any of its agencies, instrumentalities, or subdivisions, and educational
institutions."
SECTION 6. Section 152-2, Hawaii Revised Statutes, is amended to read as follows:
"§152-2 Rules. Subject to chapter 91, the department may [make]
adopt rules to effectuate this chapter[, including but not limited to
the following:
(1) Establishment
of criteria and procedures for the designation of plant species as noxious
weeds for the purposes of this chapter;
(2) Establishment
of procedures and conditions for the initiation of cooperative agreements with
landowners and land occupiers for the purpose of eradicating or controlling
noxious weed infestations;
(3) Control or
eradication of noxious weeds when deemed economically feasible]."
SECTION 7. Section 152-3, Hawaii Revised Statutes, is amended to read as follows:
"§152-3 Prohibited acts[.];
penalty. (a) It shall be unlawful to [introduce]:
(1) Import a noxious weed, its seeds or vegetative reproductive parts, or material infested with a noxious weed, except for research purposes pursuant to a permit issued by the department;
(2) Sell or offer for sale a noxious weed, its seeds or vegetative reproductive parts, or material infested with a noxious weed; or
(3) Introduce
or [to] transport specific noxious weeds or their seeds or vegetative
reproductive parts, or material infested with the noxious weeds, into
any area designated pursuant to section 152-5 as free or reasonably free of
those noxious weeds; provided that the introduction or transportation of those
noxious weeds may be permitted for educational or research purposes when
authorized by a permit issued by the department.
(b) The prohibitions in this section shall not apply to:
(1) A plant part that is processed, not vegetatively propagative, or otherwise not capable of reproducing the plant;
(2) The movement of a properly prepared herbarium specimen;
(3) The movement of plant material for proper disposal by the department, an agent or partner of the department, or pursuant to a permit issued by the department; or
(4) The movement of plant material by authorized employees of the department when acting in the course of their official duties.
(c) Any person who violates any provision of this chapter or any rule adopted under this chapter shall be fined no less than $100 and no more than $10,000. For a subsequent violation committed within five years of a prior violation, the person shall be fined no less than $500 and no more than $25,000. Each day of violation shall constitute a separate violation. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.
(d) The department may, at its discretion, refuse entry, confiscate, or destroy any noxious weed brought into the State, offered for sale, sold, or transported in violation of this chapter or any rule adopted pursuant to this chapter. Any expense or loss in connection therewith shall be borne by the owner or transporter of the noxious weed."
SECTION 8. Section 152-4, Hawaii Revised Statutes, is amended to read as follows:
"§152-4 Designation of noxious
weed[.]; classes of noxious weeds; publication. [The department may designate certain
plant species as noxious weeds following the criteria and procedures
established under section 152-2(1). The
department shall publish and make available a list of noxious weeds to
interested persons.] (a) Each
year, the board shall adopt by order the state noxious weed list in accordance
with this chapter. The department may
adopt rules for the more frequent adoption of the state noxious weed list.
(b) Each noxious weed on the state noxious weed list shall be designated as a class A, class B, or class C noxious weed.
(c) Class A noxious weeds shall:
(1) Not be known to occur in the State or are of very limited distribution in the State;
(2) Be a high priority for control or eradication if an infestation was discovered in the State; and
(3) When detected, be subject to control or eradication actions by the department or an agent or partner of the department, subject to the availability of funds.
(d) Class B noxious weeds shall be:
(1) Known to occur in the State but are of limited distribution on one or more islands;
(2) A high priority for control or eradication, at least locally; and
(3) Managed on a priority basis as resources allow.
(e) Class C noxious weeds shall be those that are not a class A or class B noxious weed classified pursuant to this section.
(f) No later than thirty days after the board accepts proposals for review under section 152-C, the state noxious weed coordinator shall issue a press release and provide notice to each person who has made a timely written request of the department for notice of a proposal. The press release and notices shall include:
(1) A statement summarizing each proposal;
(2) A statement that a copy of the proposal will be mailed to any interested person who requests a copy upon payment in advance of costs for photocopying, preparing, and mailing the copy and that a copy of the proposal will be made available on the publicly available website of the department on a page dedicated to noxious weeds;
(3) Where to obtain a copy of the proposal for inspection, or for pick-up after payment in full of costs for photocopying and preparing; and
(4) A statement that the department is soliciting comments on each proposal and where and how comments may be provided.
(g) During the period between when the board accepts a proposal for review under section 152-C and when the board votes on a proposal, any interested person may:
(1) Provide oral comments on that proposal at any regularly scheduled meeting of the board or the advisory committee on plants and animals; and
(2) Provide written comments on the proposal to the board and the state noxious weed coordinator.
(h) The department may adopt rules pursuant to chapter 91 to define "limited distribution"."
SECTION 9. Section 152-6, Hawaii Revised Statutes, is amended to read as follows:
"§152-6 Duties of the department; noxious weed control and eradication. (a) The department shall maintain a constant vigilance for incipient infestations of specific noxious weeds on islands declared reasonably free from those weeds, and shall use those procedures and methods to control or eradicate the infestations of noxious weeds as are determined to be feasible and practicable.
(b) When the department determines that an infestation of a certain noxious weed exists on an island declared reasonably free from the weed, the department shall immediately conduct investigations and surveys as are necessary to determine the feasibility and practicability of controlling or eradicating the infestation. The department may also conduct investigations and surveys to determine the feasibility and practicability of controlling widespread noxious weed infestations. The methods of control or eradication adopted by the department for any noxious weed infestation shall cause as little damage to crops and property as possible.
(c) Upon determining that control or eradication of an infestation is practicable and feasible, the department shall immediately serve notice, either oral or written, on both the landowner of the property and the occupant of the property on which the infestations exist. Written notice sent to the landowner's address last known to the department by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. In the event that certified mail is impractical because the department, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information with respect to the infestation and notify the landowner and the land occupant of the procedure and methods of control or eradication.
(d)
Upon the department's notification pursuant to subsection (c) [above],
the department may enter into a cooperative agreement with the landowner and
land occupier for the control or eradication of the noxious weed infestation[. The procedures and conditions for executing
the cooperative agreement shall be in accordance with rules adopted under
section 152-2(2).] or may entirely undertake the control project or
eradication, as resources allow.
[(e) Upon the department's notification pursuant
to subsection (c) above, the department may entirely undertake the eradication
or control project when it has been determined that the owner, occupier, or
lessee of the land on which the noxious weed infestation is located will not
benefit materially or financially by the control or eradication of the noxious
weed; or when the noxious weed infestation is on state-owned land not leased or
under control of private interest.]"
SECTION 10. (a) Notwithstanding section 152-2, Hawaii Revised Statutes, to the contrary, rules initially adopted within three years of the effective date of this Act to implement the amendments made by this Act to chapter 152, Hawaii Revised Statutes, shall be exempt from the public notice and public hearing requirements of chapter 91, Hawaii Revised Statutes.
(b) In adopting rules to carry out the amendments made by this Act, the department of agriculture and biosecurity shall repeal sections 4-68-3 through 4-68-9 and sections 4-68-12 through 4-68-16, Hawaii Administrative Rules, in addition to any other sections of chapter 4-68, Hawaii Administrative Rules, the department finds appropriate to repeal or amend.
SECTION 11. In codifying the new sections added by section 2 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 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 3000.
Report Title:
DAB; Advisory Committee on Plants and Animals; State Noxious Weed List; Annual Review; State Noxious Weed Coordinator
Description:
Establishes a State Noxious Weed Coordinator position and updates the process for designating and managing noxious weeds. Allows public proposals to add, amend, or remove noxious weed designations. Requires notice and public reporting. Clarifies the authority of the Department and Board of Agriculture and Biosecurity. Authorizes updates to the noxious weed list to be adopted by order and classifies noxious weeds into three categories. Strengthens enforcement and penalties. Updates departmental duties for noxious weed control and eradication. Effective 7/1/3000. (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. |
1931 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
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A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that invasive plants continue to pose significant ecological, agricultural, cultural, and economic threats to the State. The State's noxious weed list, maintained by the department of agriculture and biosecurity, is a critical regulatory tool for identifying and managing invasive plants that endanger native ecosystems, agricultural productivity, and public safety.
The Hawaii invasive species council has estimated that over the past thirty years, a new non-native species has been recorded in Hawaii approximately every eighteen days, while other estimates suggest that more than one hundred seventy new non-native species, roughly one new species every two days, are documented in Hawaii every year. Without early detection and timely intervention, many of these non-native species have the potential to become invasive and harmful. A well-maintained noxious weed list is an essential tool that can minimize the introduction and spread of invasive plants in Hawaii. However, the state noxious weed list has not been updated since 1992.
The legislature further finds that during the intervening decades, numerous invasive weeds have entered and become established in Hawaii yet are not reflected on the list, rendering the list severely outdated and substantially diminishing its effectiveness as a management and regulatory tool. The existing process for adding taxa to the list is also unclear and no longer meets the State's current biosecurity and resource-protection needs, as the list lacks a formal, transparent framework for public nominations, scientific review, and routine updates. Additionally, the existing noxious weed law is oriented primarily toward agricultural concerns and does not fully reflect the State's broader biosecurity responsibilities. With the integration of biosecurity functions into the department of agriculture in 2025 and the State's strengthened commitment to comprehensive biosecurity measures, it is necessary to broaden the scope of existing laws and rules to align with this expanded mandate. Modernizing the noxious weed law and establishing a clear, science-based listing process that allows public participation will ensure that agencies and land managers have timely, accurate, and current information needed to respond effectively and to safeguard Hawaii's ecosystems, agricultural resources, and communities. Further, the establishment of a transparent process for public and agency nominations will promote broad stakeholder participation and facilitate the timely identification of emerging threats.
Accordingly, the purpose of this Act is to:
(1) Establish a state noxious weed coordinator and update the process for designating and managing noxious weeds;
(2) Allow public proposals to add, change, or remove noxious weed designations;
(3) Require notice and public reporting;
(4) Clarify the authority of the department and board of agriculture and biosecurity;
(5) Authorize updates to the noxious weed list to be adopted by order and classify noxious weeds into three categories;
(6) Strengthen enforcement and penalties; and
(7) Update departmental duties for noxious weed control and eradication.
SECTION 2. Chapter 152, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§152-A State noxious weed coordinator; established. (a) There is established within the department the state noxious weed coordinator. The coordinator shall be a full-time employee of the department and may be designated by the chairperson from existing personnel or established as a redesignated position from existing appropriations.
(b) The state noxious weed coordinator shall:
(1) Oversee the statewide coordination of activities relating to the identification, designation, assessment, monitoring, and management of noxious weeds;
(2) Serve as the primary liaison among federal, state, and county agencies, the university of Hawaii, and other entities, community groups, and the public on matters relating to noxious weeds;
(3) Manage the proposal review process established under section 152-B, including the receipt, logging, and preliminary review of proposals;
(4) Support the advisory committee on plants and animals by compiling scientific information, preparing taxa assessments, and coordinating expert consultations;
(5) Develop and maintain publicly accessible resources, including updated noxious weed lists, areas declared free or reasonably free of each noxious weed, proposal procedures, and guidance documents;
(6) Facilitate training and outreach on noxious weed identification, reporting, and control; and
(7) Perform any additional duties assigned by the chairperson or required by rules adopted to carry out this chapter.
(c) The department may adopt rules to define qualifications, responsibilities, and reporting requirements for the state noxious weed coordinator.
§152-B Proposals for noxious weed designations, changes, and removals. (a) Any person may submit a proposal to the board.
(b) Proposals may be submitted in electronic form.
(c) Each proposal shall include:
(1) The name and contact information for the person submitting the proposal;
(2) A description of the change to the noxious weed designation requested in the proposal, if applicable;
(3) To the extent applicable and practicable, information addressing the following for each proposed noxious weed designation:
(A) Scientific and common name;
(B) Biological characteristics and evidence of invasiveness;
(C) Impacts or potential impacts;
(D) Current distribution and status; and
(E) Supporting scientific information; and
(4) Any other information the state noxious weed coordinator may reasonably require.
(d) A proposal to designate a new taxon as a noxious weed shall include:
(1) The class of noxious weed requested for the taxon;
(2) The geographic area in the State that is free or reasonably free of the taxon; and
(3) A list of references to support the information provided in the proposal.
(e) A proposal to remove the designation of noxious weed for a plant taxon shall include evidence that the plant taxon no longer meets the definition of noxious weed.
(f) A proposal to change the class designation of a noxious weed shall include evidence that the noxious weed meets the description of the proposed class, as set out in section 152-4.
§152-C Procedure for changes to the state noxious weed list. (a) All proposals submitted under section 152-B to the board ninety days before April 1 of each year shall be accepted by the board for review at a scheduled board meeting.
(b) For each proposal accepted for review under subsection (a), the state noxious weed coordinator:
(1) Shall review the proposal and assess the invasiveness and impacts or potential impacts associated with each taxon under consideration;
(2) May seek additional information from the person who submitted the proposal;
(3) May conduct additional research related to the proposal, including literature reviews, surveys, and field investigations;
(4) May consult with relevant federal, state, county, and academic experts;
(5) Shall issue written recommendations regarding the adoption, modification, or rejection of the proposal;
(6) Shall consider all oral and written comments submitted under section 152-4(g); and
(7) Shall submit the proposal and written recommendations to the advisory committee on plants and animals.
(c) The advisory committee on plants and animals:
(1) Shall review each proposal, the state noxious weed coordinator's written recommendations, and all oral and written comments submitted on the proposal under section 152-4(g);
(2) May conduct assessments of the invasiveness and impacts or potential impacts associated with each taxon under consideration;
(3) May consult with relevant federal, state, county, and academic experts; and
(4) Shall issue written recommendations to the board regarding adoption, modification, or rejection of each proposal.
(d) Within one hundred eighty days after April 1, the board, after consideration of each recommendation of the advisory committee on plants and animals required by subsection (c) and all oral and written comments submitted under section 152-4(g), shall vote on each proposal.
(e) After the proposals have been voted on, the board shall adopt by order the state noxious weed list for that year, which shall take effect ten days after the department gives public notice of the order in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide and on the publicly available internet website of the department.
(f) Upon petition or recommendation by the chairperson, the board may adopt emergency revisions to the state noxious weed list without prior review by the advisory committee on plants and animals; provided that the advisory committee on plants and animals shall, at its next meeting, review the action and provide its concurrence or a recommendation for revision or rescission.
(g) To adopt an emergency revision under subsection (f), the board shall determine that:
(1) The action is necessary to prevent the introduction or spread of a taxon;
(2) Credible evidence indicates the taxon is likely to become invasive if introduced to the State or an area within the State; and
(3) The action is urgent and deferral until the annual review could result in imminent harm.
(h) The department shall publish the updated state noxious weed list on the publicly available internet website of the department no later than thirty days after the list's adoption."
SECTION 3. Section 141-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of agriculture and biosecurity
shall designate the coqui frog as a pest.
All other pest designations shall be established [by rule, including
the criteria and procedures for the designation of pests for control or
eradication.] as provided by law."
SECTION 4. Section 150A-6.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department shall
designate, by rule, as restricted plants, specific plants that may be
detrimental or potentially harmful to agriculture, horticulture, the
environment, or animal or public health, or that spread or may be likely to
spread an infestation or infection of an insect, pest, or disease that is
detrimental or potentially harmful to agriculture, horticulture, the
environment, or animal or public health.
In addition, plant species designated [by rule] as noxious weeds [are]
pursuant to chapter 152 shall be designated as restricted plants."
SECTION 5. Section 152-1, Hawaii Revised Statutes, is amended as follows:
1. By adding five new definitions to be appropriately inserted and to read:
""Advisory committee on plants and animals" means the advisory committee on plants and animals established pursuant to section 150A-10.
"Board" means the board of agriculture and biosecurity.
"Chairperson" means the chairperson of the board.
"Proposal" means a proposal to designate a new noxious weed, change a noxious weed designation, remove a noxious weed designation, or change the class designation of a noxious weed.
"State noxious weed list" means the list of noxious weeds adopted by order of the board pursuant to this chapter."
2. By amending the definition of "noxious weed" to read:
""Noxious weed" means
any plant [species which] taxon that is, or [which] that
may be likely to become, injurious, harmful, or deleterious to the
agricultural, horticultural, aquacultural, or livestock industry [of the
State and to forest and], forests, recreational areas [and],
conservation districts, natural resources, cultural resources, environment,
or public or animal health of the State, as determined and designated [by
the department from time to time.] pursuant to this chapter."
3. By amending the definition of "person" to read:
""Person"
means any individual, firm, corporation, association, [or partnership.] society,
community, or assembly, known or unknown, and the public generally. "Person" includes any government
and any of its agencies, instrumentalities, or subdivisions, and educational
institutions."
SECTION 6. Section 152-2, Hawaii Revised Statutes, is amended to read as follows:
"§152-2 Rules. Subject to chapter 91, the department may [make]
adopt rules to effectuate this chapter[, including but not limited to
the following:
(1) Establishment
of criteria and procedures for the designation of plant species as noxious
weeds for the purposes of this chapter;
(2) Establishment
of procedures and conditions for the initiation of cooperative agreements with
landowners and land occupiers for the purpose of eradicating or controlling
noxious weed infestations;
(3) Control or
eradication of noxious weeds when deemed economically feasible]."
SECTION 7. Section 152-3, Hawaii Revised Statutes, is amended to read as follows:
"§152-3 Prohibited acts[.];
penalty. (a) It shall be unlawful to [introduce]:
(1) Import a noxious weed, its seeds or vegetative reproductive parts, or material infested with a noxious weed, except for research purposes pursuant to a permit issued by the department;
(2) Sell or offer for sale a noxious weed, its seeds or vegetative reproductive parts, or material infested with a noxious weed; or
(3) Introduce
or [to] transport specific noxious weeds or their seeds or vegetative
reproductive parts, or material infested with the noxious weeds, into
any area designated pursuant to section 152-5 as free or reasonably free of
those noxious weeds; provided that the introduction or transportation of those
noxious weeds may be permitted for educational or research purposes when
authorized by a permit issued by the department.
(b) The prohibitions in this section shall not apply to:
(1) A plant part that is processed, not vegetatively propagative, or otherwise not capable of reproducing the plant;
(2) The movement of a properly prepared herbarium specimen;
(3) The movement of plant material for proper disposal by the department, an agent or partner of the department, or pursuant to a permit issued by the department; or
(4) The movement of plant material by authorized employees of the department when acting in the course of their official duties.
(c) Any person who violates any provision of this chapter or any rule adopted under this chapter shall be fined no less than $100 and no more than $10,000. For a subsequent violation committed within five years of a prior violation, the person shall be fined no less than $500 and no more than $25,000. Each day of violation shall constitute a separate violation. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.
(d) The department may, at its discretion, refuse entry, confiscate, or destroy any noxious weed brought into the State, offered for sale, sold, or transported in violation of this chapter or any rule adopted pursuant to this chapter. Any expense or loss in connection therewith shall be borne by the owner or transporter of the noxious weed."
SECTION 8. Section 152-4, Hawaii Revised Statutes, is amended to read as follows:
"§152-4 Designation of noxious
weed[.]; classes of noxious weeds; publication. [The department may designate certain
plant species as noxious weeds following the criteria and procedures
established under section 152-2(1). The
department shall publish and make available a list of noxious weeds to
interested persons.]
(a) Each year, the board shall adopt by order the state noxious weed list in accordance with this chapter. The department may adopt rules for the more frequent adoption of the state noxious weed list.
(b) Each noxious weed on the state noxious weed list shall be designated as a class A, class B, or class C noxious weed.
(c) Class A noxious weeds shall:
(1) Not be known to occur in the State or are of very limited distribution in the State;
(2) Be a high priority for control or eradication if an infestation was discovered in the State; and
(3) When detected, be subject to control or eradication actions by the department or an agent or partner of the department, subject to the availability of funds.
(d) Class B noxious weeds shall be:
(1) Known to occur in the State but are of limited distribution on one or more islands;
(2) A high priority for control or eradication, at least locally; and
(3) Managed on a priority basis as resources allow.
(e) Class C noxious weeds shall be those that are not a class A or class B noxious weed classified pursuant to this section.
(f) No later than thirty days after the board accepts proposals for review under section 152-C, the state noxious weed coordinator shall issue a press release and provide notice to each person who has made a timely written request of the department for notice of a proposal. The press release and notices shall include:
(1) A statement summarizing each proposal;
(2) A statement that a copy of the proposal will be mailed to any interested person who requests a copy upon payment in advance of costs for photocopying, preparing, and mailing the copy and that a copy of the proposal will be made available on the publicly available website of the department on a page dedicated to noxious weeds;
(3) Where to obtain a copy of the proposal for inspection, or for pick-up after payment in full of costs for photocopying and preparing; and
(4) A statement that the department is soliciting comments on each proposal and where and how comments may be provided.
(g) During the period after the board accepts proposals for review under section 152-C, any interested person may:
(1) Provide oral comments on that proposal at any regularly scheduled meeting of the board or the advisory committee on plants and animals; and
(2) Provide written comments on the proposal to the board and the state noxious weed coordinator."
SECTION 9. Section 152-6, Hawaii Revised Statutes, is amended to read as follows:
"§152-6 Duties of the department; noxious weed control and eradication. (a) The department shall maintain a constant vigilance for incipient infestations of specific noxious weeds on islands declared reasonably free from those weeds, and shall use those procedures and methods to control or eradicate the infestations of noxious weeds as are determined to be feasible and practicable.
(b) When the department determines that an infestation of a certain noxious weed exists on an island declared reasonably free from the weed, the department shall immediately conduct investigations and surveys as are necessary to determine the feasibility and practicability of controlling or eradicating the infestation. The department may also conduct investigations and surveys to determine the feasibility and practicability of controlling widespread noxious weed infestations. The methods of control or eradication adopted by the department for any noxious weed infestation shall cause as little damage to crops and property as possible.
(c) Upon determining that control or eradication of an infestation is practicable and feasible, the department shall immediately serve notice, either oral or written, on both the landowner of the property and the occupant of the property on which the infestations exist. Written notice sent to the landowner's address last known to the department by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. In the event that certified mail is impractical because the department, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information with respect to the infestation and notify the landowner and the land occupant of the procedure and methods of control or eradication.
(d)
Upon the department's notification pursuant to subsection (c) [above],
the department may enter into a cooperative agreement with the landowner and
land occupier for the control or eradication of the noxious weed infestation[. The procedures and conditions for executing
the cooperative agreement shall be in accordance with rules adopted under
section 152-2(2).] or may entirely undertake the control project or eradication,
as resources allow.
[(e) Upon the department's notification pursuant
to subsection (c) above, the department may entirely undertake the eradication
or control project when it has been determined that the owner, occupier, or
lessee of the land on which the noxious weed infestation is located will not
benefit materially or financially by the control or eradication of the noxious
weed; or when the noxious weed infestation is on state-owned land not leased or
under control of private interest.]"
SECTION 10. (a) Notwithstanding section 152-2, Hawaii Revised Statutes, to the contrary, rules initially adopted within three years of the effective date of this Act to implement the amendments made by this Act to chapter 152, Hawaii Revised Statutes, shall be exempt from the public notice and public hearing requirements of chapter 91, Hawaii Revised Statutes.
(b) In adopting rules to carry out the amendments made by this Act, the department of agriculture and biosecurity shall repeal sections 4-68-3 through 4-68-9 and sections 4-68-12 through 4-68-16, Hawaii Administrative Rules, in addition to any other sections of chapter 4-68, Hawaii Administrative Rules, the department finds appropriate to repeal or amend.
SECTION 11. In codifying the new sections added by section 2 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 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 3000.
Report Title:
DOAB; Advisory Committee on Plants and Animals; State Noxious Weed List; Annual Review; State Noxious Weed Coordinator
Description:
Establishes a State Noxious Weed Coordinator and updates the process for designating and managing noxious weeds. Allows public proposals to add, amend, or remove noxious weed designations. Requires notice and public reporting. Clarifies the authority of the Department and Board of Agriculture and Biosecurity. Authorizes updates to the noxious weed list to be adopted by order and classifies noxious weeds into three categories. Strengthens enforcement and penalties. Updates departmental duties for noxious weed control and eradication. 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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1931 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO AGRICULTURE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that invasive plants continue to pose significant ecological, agricultural, cultural, and economic threats to the State. The State's noxious weed list, maintained by the department of agriculture and biosecurity, is a critical regulatory tool for identifying and managing invasive plants that endanger native ecosystems, agricultural productivity, and public safety.
The Hawaii invasive species council has estimated that a new non-native species becomes established in Hawaii approximately every eighteen days, while other estimates suggest that more than one hundred seventy new non-native species, roughly one new species every two days, are documented in Hawaii every year. Without early detection and timely intervention, many of these non-native species have the potential to become invasive and harmful. A well-maintained noxious weed list is an essential tool that can minimize the introduction and spread of invasive plants in Hawaii. However, the state noxious weed list has not been updated since 1992.
The legislature further finds that during the intervening decades, numerous invasive weeds have entered and become established in Hawaii yet are not reflected on the list, rendering the list severely outdated and substantially diminishing its effectiveness as a management and regulatory tool. The existing process for adding taxa to the list is also unclear and no longer meets the State's current biosecurity and resource-protection needs, as the list lacks a formal, transparent framework for public nominations, scientific review, and routine updates. Additionally, the existing noxious weed law is oriented primarily toward agricultural concerns and does not fully reflect the State's broader biosecurity responsibilities. With the integration of biosecurity functions into the department of agriculture in 2025 and the State's strengthened commitment to comprehensive biosecurity measures, it is necessary to broaden the scope of existing laws and rules to align with this expanded mandate. Modernizing the noxious weed law and establishing a clear, science-based listing process that allows public participation will ensure that agencies and land managers have timely, accurate, and current information needed to respond effectively and to safeguard Hawaii's ecosystems, agricultural resources, and communities. Further, the establishment of a transparent process for public and agency nominations will promote broad stakeholder participation and facilitate the timely identification of emerging threats.
Accordingly, the purpose of this Act is to:
(1) Establish a state noxious weed coordinator and update the process for designating and managing noxious weeds;
(2) Allow public proposals to add, change, or remove noxious weed designations;
(3) Require notice and public reporting;
(4) Clarify the authority of the department and board of agriculture and biosecurity;
(5) Authorize updates to the noxious weed list to be adopted by order and classify noxious weeds into three categories;
(6) Strengthen enforcement and penalties; and
(7) Update departmental duties for noxious weed control and eradication.
SECTION 2. Chapter 152, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:
"§152-A State noxious weed coordinator; established. (a) There is established within the department the state noxious weed coordinator. The coordinator shall be a full-time employee of the department and may be designated by the chairperson from existing personnel or established as a redesignated position from existing appropriations.
(b) The state noxious weed coordinator shall:
(1) Oversee the statewide coordination of activities relating to the designation, identification, assessment, monitoring, and management of noxious weeds;
(2) Serve as the primary liaison among federal, state, and county agencies, the university of Hawaii, and other entities, community groups, and the public on matters relating to noxious weeds;
(3) Manage the proposal review process established under section 152-B, including the receipt, logging, and preliminary review of proposals;
(4) Support the advisory committee on plants and animals by compiling scientific information, preparing taxa assessments, and coordinating expert consultations;
(5) Develop and maintain publicly accessible resources, including updated noxious weed lists, areas declared free or reasonably free of each noxious weed, proposal procedures, and guidance documents;
(6) Facilitate training and outreach on noxious weed identification, reporting, and control; and
(7) Perform any additional duties assigned by the chairperson or required by rules adopted to carry out this chapter.
(c) The department may adopt rules to define qualifications, responsibilities, and reporting requirements for the state noxious weed coordinator.
§152-B Proposals for noxious weed designations, changes, and removals. (a) Any person may submit a proposal to the board.
(b) Proposals may be submitted in electronic form.
(c) Each proposal shall include:
(1) The name and contact information for the person submitting the proposal;
(2) A description of the change to the noxious weed designation requested in the proposal, if applicable;
(3) To the extent applicable and practicable, information addressing the following for each proposed noxious weed designation:
(A) Scientific and common name;
(B) Biological characteristics and evidence of invasiveness;
(C) Impacts or potential impacts;
(D) Current distribution and status; and
(E) Supporting scientific information; and
(4) Any other information the state noxious weed coordinator may reasonably require.
(d) A proposal to designate a new taxon as a noxious weed shall include:
(1) The class of noxious weed requested for the taxon;
(2) The geographic area in the State that is free or reasonably free of the taxon; and
(3) A list of references to support the information provided in the proposal.
(e) A proposal to remove the designation of noxious weed for a plant taxon shall include evidence that the plant taxon no longer meets the definition of noxious weed.
(f) A proposal to change the class designation of a noxious weed shall include evidence that the noxious weed meets the description of the proposed class, as set out in section 152-4.
§152-C Procedure for changes to the state noxious weed list. (a) All proposals submitted under section 152-B to the board ninety days before April 1 of each year shall be accepted by the board for review at a scheduled board meeting.
(b) For each proposal accepted for review under subsection (a), the state noxious weed coordinator:
(1) Shall review the proposal and assess the invasiveness and impacts or potential impacts associated with each taxon under consideration;
(2) May seek additional information from the person who submitted the proposal;
(3) May conduct additional research related to the proposal, including literature reviews, surveys, and field investigations;
(4) May consult with relevant federal, state, county, and academic experts;
(5) Shall issue written recommendations regarding the adoption, modification, or rejection of the proposal;
(6) Shall consider all oral and written comments submitted under section 152-D(b); and
(7) Shall submit the proposal and written recommendations for review by the advisory committee on plants and animals.
(c) The advisory committee on plants and animals:
(1) Shall review each proposal, the state noxious weed coordinator's written recommendations, and all oral and written comments submitted on the proposal under section 152-D(b);
(2) May conduct assessments of the invasiveness and impacts or potential impacts associated with each proposal;
(3) May consult with relevant federal, state, county, and academic experts; and
(4) Shall issue written recommendations to the board regarding adoption, modification, or rejection of each proposal.
(d) Within one hundred eighty days after April 1, the board, after consideration of each recommendation of the advisory committee on plants and animals required by subsection (c) and all oral and written comments submitted under section 152-D(b), shall vote on each proposal.
(e) After the proposals have been voted on, the board shall adopt by order the state noxious weed list for that year, which shall take effect ten days after the department gives public notice of the order in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide and on the publicly available internet website of the department.
(f) Upon petition or recommendation by the chairperson, the board may adopt emergency revisions to the state noxious weed list without prior review by the advisory committee on plants and animals; provided that the advisory committee on plants and animals shall, at its next convening, review the action and provide its concurrence or a recommendation for revision or rescission.
(g) To adopt an emergency revision under subsection (f), the board shall determine that:
(1) The action is necessary to prevent the introduction or spread of a taxon;
(2) Credible evidence indicates the taxon is likely to become invasive if introduced to the State or an area within the State; and
(3) The action is urgent and deferral until the annual review could result in imminent harm.
(h) The department shall publish the updated state noxious weed list on the publicly available internet website of the department no later than thirty days after the list's adoption."
SECTION 3. Section 141-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of agriculture and biosecurity
shall designate the coqui frog as a pest.
All other pest designations shall be established [by rule, including
the criteria and procedures for the designation of pests for control or
eradication.] as provided by law."
SECTION 4. Section 150A-6.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department shall
designate, by rule, as restricted plants, specific plants that may be
detrimental or potentially harmful to agriculture, horticulture, the
environment, or animal or public health, or that spread or may be likely to
spread an infestation or infection of an insect, pest, or disease that is
detrimental or potentially harmful to agriculture, horticulture, the
environment, or animal or public health.
In addition, plant species designated [by rule] pursuant to
chapter 152 as noxious weeds are designated as restricted plants."
SECTION 5. Section 152-1, Hawaii Revised Statutes, is amended as follows:
1. By adding six new definitions to be appropriately inserted and to read:
""Advisory committee on plants and animals" means the advisory committee on plants and animals established pursuant to section 150A-10.
"Board" means the board of agriculture and biosecurity.
"Chairperson" means the chairperson of the board.
"Person" means an individual, corporation, firm, association, society, community, assembly, or inhabitant of district or neighborhood, known or unknown, and the public generally. "Person" includes a government and any of its agencies, instrumentalities, or subdivisions, and educational institutions.
"Proposal" means a proposal to designate a new noxious weed, change a noxious weed designation, remove a noxious weed designation, or change the class designation of a noxious weed.
"State noxious weed list" means the list of noxious weeds adopted by order of the board pursuant to this chapter."
2. By amending the definition of "noxious weed" to read:
""Noxious weed" means
any plant [species which] taxon that is, or [which] that
may be likely to become, injurious, harmful, or deleterious to the
agricultural, horticultural, aquacultural, or livestock industry [of the
State and to forest and], forests, recreational areas [and],
conservation districts, natural resources, cultural resources, environment,
or public or animal health of the State, as determined and designated [by
the department from time to time.] pursuant to this chapter."
SECTION 6. Section 152-2, Hawaii Revised Statutes, is amended to read as follows:
"§152-2 Rules. Subject to chapter 91, the department may
make rules to effectuate this chapter[, including but not limited to the
following:
(1) Establishment
of criteria and procedures for the designation of plant species as noxious
weeds for the purposes of this chapter;
(2) Establishment
of procedures and conditions for the initiation of cooperative agreements with
landowners and land occupiers for the purpose of eradicating or controlling
noxious weed infestations;
(3) Control or
eradication of noxious weeds when deemed economically feasible]."
SECTION 7. Section 152-3, Hawaii Revised Statutes, is amended to read as follows:
"§152-3 Prohibited acts[.];
penalty. (a) It shall be unlawful to [introduce]:
(1) Import a noxious weed, its seeds or vegetative reproductive parts, or material infested with a noxious weed, except for research purposes pursuant to a permit issued by the department;
(2) Sell or offer for sale a noxious weed, its seeds or vegetative reproductive parts, or material infested with a noxious weed; or
(3) Introduce
or [to] transport specific noxious weeds or their seeds or vegetative
reproductive parts, or material infested with the noxious weeds, into
any area designated pursuant to section 152-5 as free or reasonably free of
those noxious weeds; provided that the introduction or transportation of those
noxious weeds may be permitted for educational or research purposes when
authorized by a permit issued by the department.
(b) The prohibitions in this section shall not apply to:
(1) A plant part that is processed, not vegetatively propagative, or otherwise not capable of reproducing the plant;
(2) The movement of a properly prepared herbarium specimen;
(3) The movement of plant material for proper disposal by the department, an agent or partner of the department, or pursuant to a permit issued by the department; or
(4) The movement of plant material by authorized employees of the department when acting in the course of their official duties.
(c) Any person who violates any provision of this chapter or any rule adopted under this chapter shall be fined no less than $100 and no more than $10,000. For a subsequent violation committed within five years of a prior violation, the person shall be fined no less than $500 and no more than $25,000. Each day of violation shall constitute a separate violation. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.
(d) The department may, at its discretion, refuse entry, confiscate, or destroy any noxious weed brought into the State, offered for sale, sold, or transported in violation of this chapter or any rule adopted pursuant to this chapter. Any expense or loss in connection therewith shall be borne by the owner or transporter of the noxious weed."
SECTION 8. Section 152-4, Hawaii Revised Statutes, is amended to read as follows:
"§152-4 Designation of noxious
weed[.]; classes of noxious weeds; publication. [The department may designate certain
plant species as noxious weeds following the criteria and procedures
established under section 152-2(1). The
department shall publish and make available a list of noxious weeds to
interested persons.]
(a) Each year, the board shall adopt by order the state noxious weed list in accordance with this chapter. The department may adopt rules for the more frequent adoption of the state noxious weed list.
(b) Each noxious weed on the state noxious weed list shall be designated as a class A, class B, or class C noxious weed.
(c) Class A noxious weeds shall:
(1) Not be known to occur in the State or are of very limited distribution in the State;
(2) Be a high priority for control or eradication if an infestation was discovered in the State; and
(3) When detected, be subject to control or eradication actions by the department or an agent or partner of the department, subject to the availability of funds.
(d) Class B noxious weeds shall be:
(1) Known to occur in the State but are of limited distribution on one or more islands;
(2) A high priority for control or eradication, at least locally; and
(3) Managed on a priority basis as resources allow.
(e) Class C noxious weeds shall be those that are not a class A or class B noxious weed classified pursuant to this section.
(f) No later than thirty days after the board accepts proposals for review under section 152-C, the state noxious weed coordinator shall issue a press release and provide notice to each person who has made a timely written request of the department for notice of a proposal. The press release and notices shall include:
(1) A statement summarizing each proposal;
(2) A statement that a copy of the proposal will be mailed to any interested person who requests a copy upon payment in advance of costs for photocopying, preparing, and mailing the copy and that a copy of the proposal will be made available on the publicly available website of the department on a page dedicated to noxious weeds;
(3) Where to obtain a copy of the proposal for inspection, or for pick-up after payment in full of costs for photocopying and preparing; and
(4) A statement that the department is soliciting comments on each proposal and where and how comments may be provided.
(g) During the period after the board accepts proposals for review under section 152-C, any interested person may:
(1) Provide oral comments on that proposal at any regularly scheduled meeting of the board or the advisory committee on plants and animals; and
(2) Provide written comments on the proposal to the board and the state noxious weed coordinator."
SECTION 9. Section 152-6, Hawaii Revised Statutes, is amended to read as follows:
"§152-6 Duties of the department; noxious weed control and eradication. (a) The department shall maintain a constant vigilance for incipient infestations of specific noxious weeds on islands declared reasonably free from those weeds, and shall use those procedures and methods to control or eradicate the infestations of noxious weeds as are determined to be feasible and practicable.
(b) When the department determines that an infestation of a certain noxious weed exists on an island declared reasonably free from the weed, the department shall immediately conduct investigations and surveys as are necessary to determine the feasibility and practicability of controlling or eradicating the infestation. The department may also conduct investigations and surveys to determine the feasibility and practicability of controlling widespread noxious weed infestations. The methods of control or eradication adopted by the department for any noxious weed infestation shall cause as little damage to crops and property as possible.
(c) Upon determining that control or eradication of an infestation is practicable and feasible, the department shall immediately serve notice, either oral or written, on both the landowner of the property and the occupant of the property on which the infestations exist. Written notice sent to the landowner's address last known to the department by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. In the event that certified mail is impractical because the department, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information with respect to the infestation and notify the landowner and the land occupant of the procedure and methods of control or eradication.
(d)
Upon the department's notification pursuant to subsection (c) above, the
department may enter into a cooperative agreement with the landowner and land
occupier for the control or eradication of the noxious weed infestation[. The procedures and conditions for executing
the cooperative agreement shall be in accordance with rules adopted under
section 152-2(2).] or may entirely undertake the eradication or control
project, as resources allow.
[(e) Upon the department's notification pursuant
to subsection (c) above, the department may entirely undertake the eradication
or control project when it has been determined that the owner, occupier, or
lessee of the land on which the noxious weed infestation is located will not
benefit materially or financially by the control or eradication of the noxious
weed; or when the noxious weed infestation is on state-owned land not leased or
under control of private interest.]"
SECTION 10. (a) Notwithstanding section 152-2, Hawaii Revised Statutes, to the contrary, rules adopted to implement the amendments made by this Act to chapter 152, Hawaii Revised Statutes, shall be exempt from the public notice and public hearing requirements of chapter 91, Hawaii Revised Statutes.
(b) In adopting rules to carry out the amendments made by this Act, the department of agriculture and biosecurity shall repeal sections 4-68-3 through 4-68-9 and sections 4-68-12 through 4-68-16, Hawaii Administrative Rules, in addition to any other sections of chapter 4-68, Hawaii Administrative Rules, the department finds appropriate to repeal or amend.
SECTION 11. In codifying the new sections added by section 2 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 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect on July 1, 3000.
Report Title:
DOAB; Advisory Committee on Plants and Animals; State Noxious Weed List; Annual Review; State Noxious Weed Coordinator
Description:
Establishes a State Noxious Weed Coordinator and updates the process for designating and managing noxious weeds. Allows public proposals to add, amend, or remove noxious weed designations. Requires notice and public reporting. Clarifies the authority of the Department and Board of Agriculture and Biosecurity. Authorizes updates to the noxious weed list to be adopted by order and classifies noxious weeds into three categories. Strengthens enforcement and penalties. Updates departmental duties for noxious weed control and eradication. 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.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1931 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to agriculture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that invasive plant species continue to pose significant ecological, agricultural, cultural, and economic threats to the State. The State's noxious weed list, maintained by the department of agriculture and biosecurity, is a critical regulatory tool for identifying and managing invasive plants that endanger native ecosystems, agricultural productivity, and public safety.
The Hawaii invasive species council has estimated that a new non-native species becomes established in Hawaii approximately every eighteen days. While other estimates suggest that more than one hundred seventy new non-native species, roughly one new species every two days, are documented in Hawaii every year. Without early detection and timely intervention, many of these non-native species have the potential to become invasive and harmful. A well-maintained noxious weed list is an essential tool that can minimize the introduction and spread of invasive plant species in Hawaii. However, the state noxious weed list has not been updated since 1992.
The legislature further finds that during the intervening decades, numerous invasive weeds have entered and become established in Hawaii yet are not reflected on the list, rendering it severely outdated and substantially diminishing its effectiveness as a management and regulatory tool. The existing process for adding species to the list is also unclear and no longer meets the State's current biosecurity and resource-protection needs, as it lacks a formal, transparent framework for public nominations, scientific review, and routine updates. Additionally, the existing noxious weed law is oriented primarily toward agricultural concerns and does not fully reflect the State's broader biosecurity responsibilities. With the integration of biosecurity functions into the department of agriculture and biosecurity and the State's strengthened commitment to comprehensive biosecurity measures, it is necessary to broaden the scope of existing laws and rules to align with this expanded mandate. Modernizing the noxious weed law and establishing a clear, science-based listing process that allows public participation will ensure that agencies and land managers have timely, accurate, and current information needed to respond effectively and to safeguard Hawaii's ecosystems, agricultural resources, and communities. Further, the establishment of a transparent process for public and agency nominations will promote broad stakeholder participation and facilitate the timely identification of emerging threats.
Accordingly, the purpose of this Act is to:
(1) Establish a State Noxious Weed Coordinator and update the process for designating and managing noxious weeds;
(2) Allow public proposals to add or remove noxious weed designations;
(3) Require notice and public reporting;
(4) Clarify the authority of the department and board of agriculture and biosecurity;
(5) Authorize updates to the noxious weed list by order and classify noxious weeds into three categories;
(6) Strengthens enforcement and penalties; and
(7) Updates departmental duties for noxious weed control and eradication.
SECTION 2. Chapter 152, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:
"§152-A State noxious weed coordinator; established. (a) There is established within the department the state noxious weed coordinator. The coordinator shall be a full-time employee of the department and may be designated from existing personnel or established as a redesignated position from existing appropriations.
(b) The state noxious weed coordinator shall:
(1) Oversee the statewide coordination of activities relating to the designation, identification, assessment, monitoring, and management of noxious weeds;
(2) Serve as the primary liaison among federal, state, county, and university agencies and other entities, community groups, and the public on matters relating to noxious weeds;
(3) Manage the proposal review process established under section 152-B, including the receipt, logging, and preliminary review of proposals;
(4) Support the advisory committee on plants and animals by compiling scientific information, preparing species assessments, and coordinating expert consultations;
(5) Develop and maintain publicly accessible resources, including updated noxious weed lists, areas declared free or reasonably free of each noxious weed, proposal procedures, and guidance documents;
(6) Facilitate training and outreach on noxious weed identification, reporting, and control; and
(7) Perform any additional duties assigned by the chairperson of the board or required by rules adopted to carry out this chapter.
(c) The department may adopt rules to define qualifications, responsibilities, and reporting requirements for the state noxious weed coordinator.
§152-B Proposals for noxious weed designations. (a) Any person may submit a proposal relating to a noxious weed designation between January 1 and March 31 of each year.
(b) Proposals may be submitted in electronic form.
(c) Each proposal shall include:
(1) The name and contact information for the person submitting the proposal;
(2) A description of the change to the noxious weed designation requested in the proposal;
(3) To the extent applicable and practicable, address the following for each proposed noxious weed designation:
(A) Scientific and common name;
(B) Biological characteristics and evidence of invasiveness;
(C) Impacts or potential impacts;
(D) Current distribution and status; and
(E) Supporting scientific information; and
(4) Any other information the state noxious weed coordinator may reasonably require.
(d) A proposal to designate a new taxon as a noxious weed shall include:
(1) The class of noxious weed requested for the taxon;
(2) The geographic area in the State that is free or reasonably free of the taxon; and
(3) A list of references to support the information provided in the proposal.
(e) A proposal to remove the designation of noxious weed for a plant taxon shall include evidence that the plant taxon no longer meets the definition of noxious weed.
(f) A proposal to change the class designation of a noxious weed shall include evidence that the noxious weed meets the description of the proposed class, as set out in section 152-4.
§152-C Procedure for changes to the State noxious weed list. (a) In April of each year, the board shall accept for review the proposals submitted under section 152-B at a scheduled board meeting.
(b) For each proposal accepted for review under subsection (a), the state noxious weed coordinator:
(1) Shall review the proposal and assess the invasiveness and impacts or potential impacts associated with each taxon under consideration;
(2) May seek additional information from the person who submitted the proposal;
(3) May conduct additional research related to the proposal, including literature reviews, surveys, and field investigations;
(4) May consult with relevant federal, state, county, and academic experts; and
(5) Shall issue written recommendations regarding the adoption, modification, or rejection of the proposal;
(6) Shall consider all oral and written comments submitted under section 152-D(b); and
(7) Shall submit the proposal and written recommendations for review by the advisory committee on plants and animals.
(c) The advisory committee on plants and animals:
(1) Shall review each proposal, its recommendation of the state noxious weed coordinator, and all oral and written comments submitted on the proposal under section 152-D(b);
(2) May conduct assessments of the invasiveness and impacts or potential impacts associated with each proposal;
(3) May consult with relevant federal, state, county, and academic experts; and
(4) Shall issue written recommendations to the board regarding adoption, modification, or rejection of each proposal.
(d) In October of each year, the board, after consideration of each recommendation of the advisory committee on plants and animals required by subsection (c) and all oral and written comments submitted under section 152-D(b), shall vote on each proposal.
(e) After the proposals have been voted on, the board shall adopt by order the State noxious weed list for that year, which shall take effect ten days after the department gives public notice of the order in a daily or weekly publication of statewide circulation or in separate daily or weekly publications whose combined circulation is statewide and on the publicly available internet website of the department.
(f) Upon petition or upon recommendation by the chairperson of the board, the board may adopt emergency revisions to the State noxious weed list without prior review by the advisory committee on plants and animals; provided that the advisory committee on plants and animals shall, at its next convening, review the action and provide its concurrence or a recommendation for revision or rescission.
(g) To adopt an emergency revision under subsection (f), the board shall determine that:
(1) The action is necessary to prevent the introduction or spread of a pest species;
(2) Credible evidence indicates the species is likely to become invasive if introduced to the State or an area within the State; and
(3) The action is urgent and deferral until the annual review could result in imminent harm.
(h) The department shall publish the updated State noxious weed list on the publicly available internet website of the department no later than thirty days after its adoption.
§152-D Public notification and input on changes to noxious weed designations. (a) No later than thirty days after the board accepts proposals for review under section 152-C, the state noxious weed coordinator shall issue a press release and provide notices to each person who has made a timely written request of the department for notice of a proposal. The press release and notices shall include:
(1) A statement summarizing each change to a noxious weed designation requested in a proposal;
(2) A statement that a copy of the proposal will be mailed to any interested person who requests a copy upon payment in advance of costs for photocopying, preparing, and mailing the copy and that a copy of the proposal will be made available on the publicly available website of the department on a page dedicated to noxious weeds;
(3) A statement as to where to obtain a copy of the proposal for inspection, or for pick-up after payment in full of costs for photocopying and preparing; and
(4) A statement that the department is soliciting comments on each proposal and where and how comments may be provided.
(b) During the three-month period after the board accepts proposals for review under section 152-C, any interested person may:
(1) Provide oral comments on that proposal at any regularly scheduled meeting of the board or the advisory committee on plants and animals; and
(2) Provide written comments on the proposal to the board and the state noxious weed coordinator."
SECTION 3. Section 141-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The department of agriculture and biosecurity
shall designate the coqui frog as a pest.
All other pest designations shall be established [by rule, including
the criteria and procedures for the designation of pests for control or
eradication.] as provided by law."
SECTION 4. Section 150A-6.1, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department shall
designate, by rule, as restricted plants, specific plants that may be
detrimental or potentially harmful to agriculture, horticulture, the
environment, or animal or public health, or that spread or may be likely to
spread an infestation or infection of an insect, pest, or disease that is
detrimental or potentially harmful to agriculture, horticulture, the
environment, or animal or public health.
In addition, plant species designated [by rule] pursuant to
chapter 152 as noxious weeds are designated as restricted plants."
SECTION 5. Section 152-1, Hawaii Revised Statutes, is amended as follows:
1. By adding four new definitions to be appropriately inserted and to read:
""Board" means the board of agriculture and biosecurity.
"Person" means an individual, corporation, firm, association, society, community, assembly, or inhabitant of district or neighborhood, known or unknown, and the public generally. "Person" includes a government and any of its agencies, instrumentalities, or subdivisions, and educational institutions.
"Proposal" means a proposal submitted to the board for a noxious weed designation or a change to a noxious weed designation.
"State noxious weed list" means the list of noxious weeds adopted by order of the board pursuant to this chapter."
2. By amending the definition of "noxious weed" to read:
""Noxious weed" means
any plant [species which] taxon that is, or [which] that
may be likely to become, injurious, harmful, or deleterious to the agricultural,
horticultural, aquacultural, or livestock industry [of the State and to
forest and], forests, recreational areas [and],
conservation districts, natural resources, cultural resources, environment,
or public or animal health of the State, as determined and designated [by
the department from time to time.] pursuant to this chapter."
SECTION 6. Section 152-2, Hawaii Revised Statutes, is amended to read as follows:
"§152-2 Rules. Subject to chapter 91, the department may
make rules to effectuate this chapter[, including but not limited to the
following:
(1) Establishment
of criteria and procedures for the designation of plant species as noxious
weeds for the purposes of this chapter;
(2) Establishment
of procedures and conditions for the initiation of cooperative agreements with
landowners and land occupiers for the purpose of eradicating or controlling
noxious weed infestations;
(3) Control or
eradication of noxious weeds when deemed economically feasible]."
SECTION 7. Section 152-3, Hawaii Revised Statutes, is amended to read as follows:
"§152-3 Prohibited acts[.];
penalty. It shall be unlawful to
[introduce]:
(1) Import a noxious weed, its seeds or vegetative reproductive parts, or material infested with a noxious weed, except for research purposes pursuant to a permit issued by the department;
(2) Sell or offer for sale a noxious weed, its seeds or vegetative reproductive parts, or material infested with a noxious weed; or
(3) Introduce
or [to] transport specific noxious weeds or their seeds or vegetative
reproductive parts, or material infested with the noxious weeds into any
area designated pursuant to section 152-5 as free or reasonably free of those
noxious weeds; provided that the introduction or transportation of those
noxious weeds may be permitted for educational or research purposes when
authorized by a permit issued by the department.
(b) The prohibitions in this section shall not apply to:
(1) A plant part that is processed, not vegetatively propagative, or otherwise not capable of reproducing the plant;
(2) The movement of a properly prepared herbarium specimen;
(3) The movement of plant material for proper disposal by the department, an agent or partner of the department, or pursuant to a permit issued by the department; or
(4) The movement of plant material by authorized employees of the department when acting in the course of their official duties.
(c) Any person who violates any provision of this chapter or any rule adopted under this chapter shall be fined no less than $100 and no more than $10,000. For a subsequent violation committed within five years of a prior violation, the person shall be fined no less than $500 and no more than $25,000. Each day of violation shall constitute a separate violation. Any action taken to impose or collect the penalty provided for in this subsection shall be considered a civil action.
(d) The department may, at its discretion, refuse entry, confiscate, or destroy any noxious weed brought into the State, offered for sale, sold, or transported in violation of this chapter or any rule made pursuant to this chapter. Any expense or loss in connection therewith shall be borne by the owner or transporter of the noxious weed."
SECTION 8. Section 152-4, Hawaii Revised Statutes, is amended to read as follows:
"§152-4 Designation of noxious
weed[.]; classes of noxious weeds. [The department may designate certain
plant species as noxious weeds following the criteria and procedures
established under section 152-2(1). The
department shall publish and make available a list of noxious weeds to
interested persons.]
(a) Each year, the board shall adopt by order the State noxious weed list in accordance with this chapter. The department may adopt rules for the more frequent adoption of the State noxious weed list.
(b) Each noxious weed on the State noxious weed list shall be designated as a class A, class B, or class C noxious weed.
(c) Class A noxious weeds shall:
(1) Not be known to occur or are of very limited distribution in the State;
(2) Be a high priority for control or eradication if an infestation was discovered in the State; and
(3) When detected, be subject to control or eradication actions by the department or an agent or partner of the department, subject to the availability of funds.
(d) Class B noxious weeds shall be:
(1) Known to occur in the State but are of limited distribution on one or more islands;
(2) A high priority for control or eradication, at least locally; and
(3) Managed on a priority basis as resources allow.
(e) Class C noxious weeds shall be those that are not a class A or class B noxious weed classified pursuant to this section."
SECTION 9. Section 152-6, Hawaii Revised Statutes, is amended to read as follows:
"§152-6 Duties of the department; noxious weed control and eradication. (a) The department shall maintain a constant vigilance for incipient infestations of specific noxious weeds on islands declared reasonably free from those weeds, and shall use those procedures and methods to control or eradicate the infestations of noxious weeds as are determined to be feasible and practicable.
(b) When the department determines that an infestation of a certain noxious weed exists on an island declared reasonably free from the weed, the department shall immediately conduct investigations and surveys as are necessary to determine the feasibility and practicability of controlling or eradicating the infestation. The department may also conduct investigations and surveys to determine the feasibility and practicability of controlling widespread noxious weed infestations. The methods of control or eradication adopted by the department for any noxious weed infestation shall cause as little damage to crops and property as possible.
(c) Upon determining that control or eradication of an infestation is practicable and feasible, the department shall immediately serve notice, either oral or written, on both the landowner of the property and the occupant of the property on which the infestations exist. Written notice sent to the landowner's address last known to the department by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. In the event that certified mail is impractical because the department, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information with respect to the infestation and notify the landowner and the land occupant of the procedure and methods of control or eradication.
(d)
Upon the department's notification pursuant to subsection (c) above, the
department may enter into a cooperative agreement with the landowner and land
occupier for the control or eradication of the noxious weed infestation[. The procedures and conditions for executing
the cooperative agreement shall be in accordance with rules adopted under
section 152-2(2).] or may entirely under take the eradication or control
project, as resources allows.
[(e) Upon the department's notification pursuant
to subsection (c) above, the department may entirely undertake the eradication
or control project when it has been determined that the owner, occupier, or
lessee of the land on which the noxious weed infestation is located will not
benefit materially or financially by the control or eradication of the noxious
weed; or when the noxious weed infestation is on state-owned land not leased or
under control of private interest.]"
SECTION 10. (a) Notwithstanding section 152-2, Hawaii Revised Statutes, rules adopted to implement the amendments made by this Act to chapter 152, Hawaii Revised Statutes, shall be exempt from the public notice and public hearing requirements of chapter 91, Hawaii Revised Statutes.
(b) In adopting rules to carry out the amendments made by this Act, the department of agriculture and biosecurity shall repeal sections 4-68-3 through 4-68-9 and sections 4-68-12 through 4-68-16, Hawaii Administrative Rules, in addition to any other sections of chapter 4-68, Hawaii Administrative Rules, the department finds appropriate to repeal or amend.
SECTION 11. In codifying the new sections added by section 2 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 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
DOAB; Advisory Committee on Plants and Animals; State Noxious Weed List; Annual Review; State Noxious Weed Coordinator
Description:
Establishes a State Noxious Weed Coordinator and updates the process for designating and managing noxious weeds. Allows public proposals to add or remove noxious weed designations. Requires notice and public reporting. Clarifies the authority of the Department and Board of Agriculture and Biosecurity. Authorizes updates to the noxious weed list by order, classifies noxious weeds into three categories. Strengthens enforcement and penalties. Updates departmental duties for noxious weed control and eradication.
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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| Mar 30, 2026 | Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM. |
| Mar 30, 2026 | Reported from AEN (Stand. Com. Rep. No. 3298) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM. |
| Mar 25, 2026 | The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in AEN were as follows: 5 Aye(s): Senator(s) Gabbard, Richards, DeCoite, Rhoads, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Mar 20, 2026 | The committee(s) on AEN deferred the measure until 03-25-26 3:05PM; CR 224 & Videoconference. |
| Mar 17, 2026 | The committee(s) on AEN has scheduled a public hearing on 03-20-26 4:00PM; Conference Room 224 & Videoconference. |
| Mar 10, 2026 | Referred to AEN, JDC/WAM. |
| Mar 10, 2026 | Passed First Reading. |
| Mar 10, 2026 | Received from House (Hse. Com. No. 170). |
| Mar 6, 2026 | Passed Third Reading with none voting aye with reservations; none voting no (0) and Representative(s) Perruso, Sayama excused (2). Transmitted to Senate. |
| Mar 6, 2026 | Reported from FIN (Stand. Com. Rep. No. 932-26), recommending passage on Third Reading. |
| Mar 4, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED. The votes were as follows: 16 Ayes: Representative(s) Todd, Takenouchi, Hartsfield, Hussey, Keohokapu-Lee Loy, Kitagawa, Kusch, Lee, M., Miyake, Morikawa, Perruso, Templo, Yamashita, Alcos, Gedeon, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none. |
| Mar 2, 2026 | Bill scheduled to be heard by FIN on Wednesday, 03-04-26 10:00AM in House conference room 308 VIA VIDEOCONFERENCE. |
| Feb 20, 2026 | Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Quinlan excused (1). |
| Feb 20, 2026 | Reported from JHA (Stand. Com. Rep. No. 754-26) as amended in HD 2, recommending referral to FIN. |
| Feb 18, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 8 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Cochran, Kahaloa, Takayama, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 2 Excused: Representative(s) Hashem, Sayama. |
| Feb 13, 2026 | Bill scheduled to be heard by JHA on Wednesday, 02-18-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE. |
| Feb 11, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; Representative(s) Pierick voting no (1) and Representative(s) Holt excused (1). |
| Feb 11, 2026 | Reported from AGR (Stand. Com. Rep. No. 175-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Feb 6, 2026 | The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Chun, Kusch, Kahaloa, Perruso, Quinlan, Matsumoto; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Lowen. |
| Feb 4, 2026 | Bill scheduled for decision making on Friday, 02-06-26 9:01AM in conference room 325 VIA VIDEOCONFERENCE. |
| Feb 4, 2026 | The committee(s) on AGR recommend(s) that the measure be deferred until 02-06-26 9:01AM. |
| Feb 2, 2026 | Bill scheduled to be heard by AGR on Wednesday, 02-04-26 9:00AM in House conference room 325 VIA VIDEOCONFERENCE. |
| Jan 28, 2026 | Referred to AGR, JHA, FIN, referral sheet 3 |
| Jan 26, 2026 | Introduced and Pass First Reading. |
| Jan 23, 2026 | Pending introduction. |
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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 25, 2026 | 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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| Mar 6, 2026 | Third Reading | House Floor |
Passed |
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| Mar 4, 2026 | The committee on FIN recommend that the measure be PASSED, UNAMENDED | House Standing Committee on Finance |
Passed |
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| Feb 18, 2026 | The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Judiciary & Hawaiian Affairs |
Passed |
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| Feb 6, 2026 | 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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|---|---|---|
| Big Island Invasive Species Committee (BIISC) | *** Support | Mar 20, 2026 |
| Coordinating Group on Alien Pest Species (CGAPS) | *** Support | Mar 20, 2026 |
| Department of Agriculture and Biosecurity | ** Support | |
| Department of Land and Natural Resources | *** Support | Mar 20, 2026 |
| Free Access Coalition | *** Support | Mar 20, 2026 |
| Hanalei Watershed Hui | ** Support | |
| Hawaiʻi Farm Bureau | *** Support | Mar 20, 2026 |
| Hawaiʻi Farmers Union | *** Support | Mar 20, 2026 |
| Hawaiʻi Food+ Policy | *** Support | Mar 20, 2026 |
| Kupuna for the Moopuna | *** Support | Mar 20, 2026 |
| Office of Hawaiian Affairs | *** Support | Mar 20, 2026 |
| Oʻahu Invasive Species Committee | ** Support | |
| Shimanchu Mamuyaa | ** Support | |
| Sierra Club of Hawai‘i | *** Support | Mar 20, 2026 |
STAND. COM. REP. NO. 932-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1931
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Finance, to which was referred H.B. No. 1931, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURE,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish a State Noxious Weed Coordinator and update the process for designating and managing noxious weeds;
(2) Allow public proposals to add, change, or remove noxious weed designations;
(3) Require notice and public reporting for updates to the noxious weed list;
(4) Clarify the authority of the Department and Board of Agriculture and Biosecurity in regard to the noxious weed list and noxious weed control and eradication;
(5) Authorize updates to the noxious weed list to be adopted by order and classify noxious weeds into categories; and
(6) Strengthen the enforcement and penalties related to noxious weeds.
Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Department of Agriculture and Biosecurity; Oʻahu Invasive Species Committee; Big Island Invasive Species Committee; Sierra Club of Hawaiʻi; Hanalei Watershed Hui; Free Access Coalition; Kupuna for the Moopuna; Hawaiʻi Farm Bureau; Coordinating Group on Alien Pest Species; Hawaiʻi Farmers Union United; Shimanchu Mamuyaa; Hawaiʻi Food+ Policy; and numerous individuals.
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. 1931, 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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____________________________ CHRIS TODD, Chair |
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STAND. COM. REP. NO. 754-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1931
H.D. 2
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1931, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURE,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish a State Noxious Weed Coordinator and update the process for designating and managing noxious weeds;
(2) Allow public proposals to add, change, or remove noxious weed designations;
(3) Require notice and public reporting for updates to the noxious weed list;
(4) Clarify the authority of the Department and Board of Agriculture and Biosecurity in regard to the noxious weed list and noxious weed control and eradication;
(5) Authorize updates to the noxious weed list to be adopted by order and classify noxious weeds into categories; and
(6) Strengthen the enforcement and penalties related to noxious weeds.
Your Committee received testimony in support of this measure from the Department of Agriculture and Biosecurity; Department of Land and Natural Resources; Oʻahu Invasive Species Committee; Coordinating Group on Alien Pest Species; Hawaiʻi Farm Bureau; Hawaiʻi Farmers Union United; Big Island Invasive Species Committee; Hawaiʻi Food+ Policy; Sierra Club of Hawaiʻi; and two individuals. Your Committee received comments on this measure from the Department of the Attorney General.
Your Committee finds that invasive plants continue to threaten Hawaii's agriculture, ecosystems, and communities and that the State's outdated noxious weed list limits effective prevention and response. Modernizing the noxious weed designation process, improving coordination, and strengthening enforcement will enhance Hawaii's biosecurity efforts and protect its natural and agricultural resources.
Your Committee has amended this measure by:
(1) Clarifying the definition of "person";
(2) Specifying that any rules initially adopted within three years to implement the provisions of this measure shall be exempt from public notice and public hearing requirements; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
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. 1931, 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. 1931, 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. 175-26
Honolulu, Hawaii
, 2026
RE: H.B. No. 1931
H.D. 1
Honorable Nadine K. Nakamura
Speaker, House of Representatives
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Madame:
Your Committee on Agriculture & Food Systems, to which was referred H.B. No. 1931 entitled:
"A BILL FOR AN ACT RELATING TO AGRICULTURE,"
begs leave to report as follows:
The purpose of this measure is to:
(1) Establish a State Noxious Weed Coordinator and update the process for designating and managing noxious weeds;
(2) Allow public proposals to add, change, or remove noxious weed designations;
(3) Require notice and public reporting for updates to the noxious weed list;
(4) Clarify the authority of the Department and Board of Agriculture and Biosecurity in regard to the noxious weed list and noxious weed control and eradication;
(5) Authorize updates to the noxious weed list to be adopted by order and classify noxious weeds into categories; and
(6) Strengthen the enforcement and penalties related to noxious weeds.
Your Committee received testimony in support of this measure from the Department of Land and Natural Resources; Coordinating Group on Alien Pest Species; Hawaiʻi Food+ Policy; Hawaiʻi Farmers Union United; Big Island Invasive Species Committee; and one individual. Your Committee received comments on this measure from the Department of Agriculture and Biosecurity.
Your Committee finds that invasive plant species continue to pose significant ecological, agricultural, cultural, and economic threats to Hawaii. Your Committee further finds that the State's noxious weed list, maintained by the Department of Agriculture and Biosecurity, is a critical regulatory tool for identifying and managing invasive plants; however, the noxious weed list has not been updated since 1992. This measure establishes a clear, science-based listing process that allows for public participation and ensures that agencies and land managers have timely, accurate, and current information needed to respond effectively to invasive plant species.
Your Committee has amended this measure by:
(1) Clarifying that the State Noxious Weed Coordinator shall be designated by the Chairperson of the Board of Agriculture and Biosecurity;
(2) Allowing any person to submit a proposal to add, change, or remove noxious weed designations at any time during the year, rather than between January 1 and March 31 of each year;
(3) Specifying that all proposals submitted to the Board of Agriculture and Biosecurity (Board) ninety days before April 1 of each year shall be accepted by the Board for review;
(4) Requiring the Board to vote on a proposal within one hundred eighty days after April 1;
(5) Moving language regarding the public notification and input on changes to noxious weed designations to section 152-4, Hawaii Revised Statutes, which relates to the designation of noxious weeds and classes of noxious weeds;
(6) Defining "advisory committee on plants and animals";
(7) Changing the effective date to July 1, 3000, to encourage further discussion; and
(8) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
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. 1931, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1931, 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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____________________________ CORY CHUN, Chair |
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Date
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Testimony PDF
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| Mar 20, 2026 | HB1931_HD2_TESTIMONY_AEN_03-20-26_.PDF |
| Mar 4, 2026 | HB1931_HD2_TESTIMONY_FIN_03-04-26_.PDF |
| Feb 18, 2026 | HB1931_HD1_TESTIMONY_JHA_02-18-26_.PDF |
| Feb 3, 2026 | HB1931_TESTIMONY_AGR_02-04-26_.PDF |
Discussed in Hearing
4MIN
Senate Standing Committee on Agriculture and Environment
3MIN
House Standing Committee on Finance
11MIN
House Standing Committee on Judiciary & Hawaiian Affairs
3MIN
House Standing Committee on Judiciary & Hawaiian Affairs
2MIN
House Standing Committee on Agriculture & Food Systems
2MIN
House Standing Committee on Energy & Environmental Protection
8MIN
House Standing Committee on Agriculture & Food Systems
Bill Author
