HB 2497: DAB; Biosecurity Government-Industry Agreements; Liability; Costs; Working Group

A BILL FOR AN ACT

RELATING TO BIOSECURITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that Act 236, Session Laws of Hawaii 2025 (Act 236), authorizes the department of agriculture and biosecurity to enter into government-industry agreements, which are a critical component in the protection of the State's agriculture, people, economy, unique biodiversity, and environment from invasive species.  The objective of government-industry agreements is to increase collaboration between private industries and the government by formalizing commitments to bolster the biosecurity network, increase capacity in the response to current pests, and enhance capability and readiness in response to future pests.  The department of agriculture and biosecurity is required to provide education and training, supplies and equipment, and pest management programs to equip private industries that are signatories to the agreements in the decision-making process.  These signatory private industries are then required to provide manpower, treatment equipment, surveillance, and response readiness.

     However, the legislature further finds that, after the department of agriculture and biosecurity began discussions with private industry parties about the government-industry agreements, it became apparent that Act 236 should be refined to address certain issues.  Accordingly, the purpose of this Act is to:

     (1)  Rename the agreements to biosecurity government-industry agreements to prevent confusion with a program with similar initials;

     (2)  Protect the department of agriculture and biosecurity and the counties, including officers, employees, and authorized agents of the department and counties, from liability when entering private property to control or eradicate pests; and

     (3)  Create a working group of private industry signatories for joint decision-making.

     SECTION 2.  Section 141-3.6, Hawaii Revised Statutes, is amended to read as follows:

     "§141-3.6  Entry of private property to control or eradicate any pests.  (a)  The department of agriculture and biosecurity or applicable county shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property for the control or eradication of a pest.  Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice.  If certified mail is impractical because the department or county, 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 on the pest control program and the procedures and methods to be used for control or eradication.

     (b)  After notice as required by subsection (a), any member of the department[,] of agriculture and biosecurity, employee of the county, or any agent authorized by the department or county may enter at reasonable times any private property other than dwelling places to maintain a pest control or eradication program, being liable only for damage caused by acts beyond the scope of the person's authority, or the person's negligence, gross negligence, or intentional misconduct.  If entry is refused, the department member, county employee, or any authorized agent may apply to the district court in the circuit in which the property is located for a warrant to enter on the premises to effectuate the purposes of this chapter.  The district court may issue a warrant directing a police officer of the circuit to assist the department member, county employee, or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times.

     (c)  In no case shall the department of agriculture and biosecurity, the county, or any officer, employee, or authorized agent thereof be liable for costs in any action or proceeding that may be commenced pursuant to this chapter."

     SECTION 3.  Section 150A-58, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§150A-58[]  Government-industry] Biosecurity government-industry agreements for readiness and response.  (a)  The department may enter into readiness and response agreements with businesses and representatives of businesses in the plant and animal industries of the State, including businesses that grow, harvest, or produce animals and plants or products from animals and plants.

     (b)  The agreements shall include:

     (1)  Readiness activities that:

          (A)  Prevent unwanted organisms from entering the State; and

          (B)  Detect unwanted organisms; and

     (2)  Response activities that:

          (A)  Facilitate the immediate investigation of an unwanted organism after detection, including timely reporting of the unwanted organism's detection to the department;

          (B)  Minimize the impact of the unwanted organism on natural and physical resources, human health, and overseas market access for Hawaii products;

          (C)  Control the spread of an unwanted organism;

          (D)  Reduce the geographical distribution of an unwanted organism;

          (E)  Eradicate the unwanted organism; and

          (F)  Include providing the department with relevant information for posting to the pest dashboard pursuant to section 141-3.5.

     (c)  A violation of an applicable readiness plan shall be subject to penalties under section 150A-14.

     (d)  The department shall establish a working group comprising members or representatives of private industry signatories to any biosecurity government-industry agreement, for joint decision-making pursuant to this section."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

DAB; Biosecurity Government-Industry Agreements; Liability; Costs; Working Group

Description:

Clarifies that the Department of Agriculture and Biosecurity and the counties, including officers, employees, and authorized agents of the Department and counties, shall not be liable for costs relating to the entering of private property to control or eradicate pests.  Requires the Department of Agriculture and Biosecurity to establish a working group that comprises signatories of the biosecurity government-industry agreements for joint-decision making.  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.

A BILL FOR AN ACT

relating to biosecurity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that Act 236, Session Laws of Hawaii 2025 (Act 236), authorizes the department of agriculture and biosecurity to enter into government-industry agreements, which are a critical component in the protection of the State's agriculture, people, economy, unique biodiversity, and environment from invasive species.  The objective of government-industry agreements is to increase collaboration between private industries and the government by formalizing commitments to bolster the biosecurity network, increase capacity in the response to current pests, and enhance capability and readiness in response to future pests.  The department of agriculture and biosecurity is required to provide education and training, supplies and equipment, and pest management programs to equip private industries that are signatories to the agreements in the decision-making process.  These signatory private industries are then required to provide manpower, treatment equipment, surveillance, and response readiness.

     However, the legislature further finds that, after the department of agriculture and biosecurity began discussions with private industry parties about the government-industry agreements, it became apparent that Act 236 should be refined to address certain issues.  Accordingly, the purpose of this Act is to:

     (1)  Rename the agreements to biosecurity government-industry agreements to prevent confusion with a program with similar initials;

     (2)  Protect private industries from liability when performing response and readiness activities described under the biosecurity government-industry agreements; and

     (3)  Create a working group of private industry signatories for joint decision-making.

     SECTION 2.  Section 150A-58, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§150A-58[]  Government-industry] Biosecurity government-industry agreements for readiness and response.  (a)  The department may enter into readiness and response agreements with businesses and representatives of businesses in the plant and animal industries of the State, including businesses that grow, harvest, or produce animals and plants or products from animals and plants.

     (b)  The agreements shall include:

     (1)  Readiness activities that:

          (A)  Prevent unwanted organisms from entering the State; and

          (B)  Detect unwanted organisms; and

     (2)  Response activities that:

          (A)  Facilitate the immediate investigation of an unwanted organism after detection, including timely reporting of the unwanted organism's detection to the department;

          (B)  Minimize the impact of the unwanted organism on natural and physical resources, human health, and overseas market access for Hawaii products;

          (C)  Control the spread of an unwanted organism;

          (D)  Reduce the geographical distribution of an unwanted organism;

          (E)  Eradicate the unwanted organism; and

          (F)  Include providing the department with relevant information for posting to the pest dashboard pursuant to section 141-3.5.

     (c)  A violation of an applicable readiness plan shall be subject to penalties under section 150A-14.

     (d)  In no case shall a member of an industry that is a party to a biosecurity government-industry agreement be liable for costs arising from the performance of activities pursuant to this section.

     (e)  The department shall establish a working group comprising members or representatives of private industry signatories to any biosecurity government-industry agreement, for joint decision-making pursuant to this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

Report Title:

DAB; Biosecurity Government-Industry Agreements; Liability; Costs; Working Group

Description:

Amends section 150A-58, Hawaii Revised Statute, to clarify that signatory industries to a biosecurity government-industry agreement shall not be liable for costs related to performing activities pursuant to the agreement.  Requires the Department of Agriculture and Biosecurity to establish a working group that comprises signatories of the biosecurity government-industry agreements for joint-decision making.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  593-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2497

      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. 2497 entitled:

"A BILL FOR AN ACT RELATING TO BIOSECURITY,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Clarify that signatory industries to a biosecurity government-industry agreement shall not be liable for costs related to performing activities pursuant to the agreement; and

     (2)  Require the Department of Agriculture and Biosecurity to establish a working group that comprises signatories of the biosecurity government-industry agreements for joint decision-making.

     Your Committee received testimony in support of this measure from the Department of Agriculture and Biosecurity; Hawaiʻi Farm Bureau; Hawaiʻi Food+ Policy; and one individual.  Your Committee received comments on this measure from the Department of the Attorney General and Coordinating Group on Alien Pest Species.

     Your Committee finds that Act 236, Session Laws of Hawaii 2025 (Act 236), authorizes the Department of Agriculture and Biosecurity to form government-industry agreements to protect Hawaii's agriculture, economy, biodiversity, and environment from invasive species.  These agreements aim to strengthen cooperation between private industry and government, formalize commitments to biosecurity, respond to current pest threats, and improve future readiness.  Your Committee additionally finds that further refinement of Act 236 will strengthen public-private coordination to enhance the State's ability to respond quickly and effectively to invasive species and other agricultural threats.

     Your Committee has amended this measure by:

     (1)  Deleting language that would have clarified that signatory industries to a biosecurity government-industry agreement shall not be liable for costs related to performing activities pursuant to the agreement;

     (2)  Inserting language to clarify that the Department of Agriculture and Biosecurity and the counties, including officers, employees, and authorized agents of the Department and counties, shall not be liable for costs relating to the entering of private property to control or eradicate pests;

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee notes that a more comprehensive framework for the working group established by this measure may be needed.

     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. 2497, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2497, 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,