SB 2488: DLNR; DAB; HISC; Executive Director; Appropriation; Report

A BILL FOR AN ACT

RELATING TO THE HAWAII INVASIVE SPECIES COUNCIL.

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

     SECTION 1.  The legislature finds that the Hawaii invasive species council was first established by executive order no. 02‑03 (2002) and formally codified by Act 85, Session Laws of Hawaii 2003, to foster and organize coordinated approaches among various executive departments, federal agencies, and international and local initiatives for the prevention and control of invasive species.

     The legislature further finds that the Hawaii invasive species council's work is critical to coordinating, supporting, and extending the capacities of state agencies to prevent and control invasive species through cross-agency programs.  These programs perform vital functions, including monitoring for pests around ports of entry, expanding public pest reporting to provide an online pest report option, providing predictive risk assessments on thousands of potentially invasive plant species, and facilitating a competitive grant process to fund projects that further extend capacities and research.

     The legislature recognizes that the staff of the Hawaii invasive species council, guided by the council itself, coordinate and manage these important programs to prevent and control invasive species.  The staff is presently comprised of one full-time natural resource management specialist, serving as program manager, five full-time contracted staff members, and one part-time student hire.

     The legislature notes that, at the council's September 2025 meeting, the council considered the current staff positions and the administrative transfer of these positions and functions from the department of land and natural resources to the department of agriculture and biosecurity pursuant to Act 236, Session Laws of Hawaii 2025.  Following discussion, the council unanimously approved a request to pursue a new organizational structure for the council's support staff, including requesting that the legislature establish an executive director position.

     The legislature further finds that, to facilitate the efficient administrative transfer of the council, prevent interruptions to council programs, and ensure that the council continues to function as an independent, cabinet‑level coordinating council, the council's request to establish an executive director position is warranted. 

     The legislature additionally notes that an important duty of the council is to suggest appropriate legislation to improve the State's administration of invasive species programs and policies.  Through this feedback, the council's statutory powers and duties can be appropriately amended to improve outcomes. 

     Accordingly, the purpose of this Act is to:

     (1)  Establish the position of the Hawaii invasive species council executive director;

     (2)  Transfer the council's funding for the 2026-2027 fiscal year to the department of land and natural resources in accordance with its current administration; and

     (3)  Require a report to the legislature.

     SECTION 2.  Section 194-2, Hawaii Revised Statutes, is amended to read as follows:

     "§194-2  [[]Establishment of council; duties.[]]  (a)  There is established the invasive species council for the special purpose of providing policy level direction, coordination, and planning among state departments, federal agencies, and international and local initiatives for the control and eradication of harmful invasive species infestations throughout the State and for preventing the introduction of other invasive species that may be potentially harmful.  The council shall:

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

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

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

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

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

          (A)  Quarantine preemption;

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

          (C)  First class mail inspection prohibition;

          (D)  Whether quarantine of domestic pests arriving from the [mainland] continental United States should be provided by the federal government;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

          (A)  Business, economic development, and tourism;

          (B)  Health; and

          (C)  Transportation; and

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

          (A)  Agriculture and biosecurity; and

          (B)  Land and natural resources.

     (c)  Representatives of federal agencies, the legislature, and members of the private sector shall be asked to participate or consulted for advice and assistance.  Representatives of the legislature shall consist of eight members, as follows:

     (1)  Four senators, one from each county, to be selected by the senate president; and

     (2)  Four representatives, one from each county, to be selected by the speaker of the house of representatives.

     (d)  The council shall appoint an executive director who shall be exempt from chapter 76.  The salary of the executive director shall be set by the council and shall not be less than the salary of the forestry and wildlife manager of the Oahu branch of the division of forestry and wildlife of the department of land and natural resources.  The executive director shall:

     (1)  Be a person with:

          (A)  Appropriate education and training in the field of biosecurity and invasive species prevention and control; and

          (B)  Experience in managing and coordinating biosecurity and invasive species prevention, control, and outreach programs;

     (2)  Serve as the council's chief executive officer;

     (3)  Be responsible for carrying out the purposes and duties of the council, as assigned;

     (4)  Serve on a full-time basis; and

     (5)  Be included in any benefit program generally applicable to the officers and employees of the State.

     [(d)] (e)  The council shall meet [no] not less than twice annually to discuss and assess progress and recommend changes to the invasive species programs based on results of current risk assessments, performance standards, and other relevant data.  Notwithstanding any law to the contrary:

     (1)  A simple majority of voting members of the council shall constitute a quorum to do business; and

     (2)  Any action taken by the council shall be by a simple majority of the voting members.

     [(e)] (f)  The council shall submit a report of its activities to the governor and legislature annually."

     SECTION 3.  Act 236, Session Laws of Hawaii 2025, is amended by amending section 42 to read as follows:

     "SECTION 42.  There is appropriated out of the general revenues of the State of Hawaii the sum of $4,250,000 or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the Hawaii invasive species council.

     The sum appropriated shall be expended by the department of [agriculture and biosecurity] land and natural resources for the purposes of this Act."

     SECTION 4.  The Hawaii invasive species council shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than December 1, 2026 that shall include recommendations for proposed legislation to:

     (1)  Improve the State's administration of invasive species programs and policies; and

     (2)  Ensure the responsibilities and duties of the council continue to efficiently and effectively promote the prevention and control of invasive species in the State.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2050.

Report Title:

DLNR; DAB; HISC; Executive Director; Appropriation; Report

Description:

Establishes the position of the Hawaii Invasive Species Council Executive Director.  Appropriates funds to the Department of Land and Natural Resources, rather than the Department of Agriculture and Biosecurity, for the HISC for fiscal year 2026‑2027.  Requires a report to the Legislature.  Effective 7/1/2050.  (SD1)

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

A BILL FOR AN ACT

Relating to the Hawaii invasive species council.

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

     SECTION 1.  The legislature finds that the Hawaii invasive species council was first established by executive order no. 02‑03 (2002) and formally codified by Act 85, Session Laws of Hawaii 2003, to foster and organize coordinated approaches among various executive departments, federal agencies, and international and local initiatives for the prevention and control of invasive species.

     The legislature further finds that the council's work is critical to coordinating, supporting, and extending the capacities of state agencies to prevent and control invasive species through cross-agency programs.  These programs perform vital functions, including monitoring for pests around ports of entry, expanding public pest reporting to provide an online pest report option, providing predictive risk assessments on thousands of potentially invasive plant species, and facilitating a competitive grant process to fund projects that further extend capacities and research.

     The legislature recognizes that the staff of the Hawaii invasive species council, guided by the council itself, coordinate and manage these important programs to prevent and control invasive species.  The staff is presently comprised of one full-time natural resource management specialist, serving as program manager, five full-time contracted staff members, and one part-time student hire.

     The legislature notes that, at the council's September 2025 meeting, the council considered the current staff positions and the administrative transfer of these positions and functions from the department of land and natural resources to the department of agriculture and biosecurity pursuant to Act 236, Session Laws of Hawaii 2025.  Following discussion, the council unanimously approved a request to pursue a new organizational structure for the council's support staff, including requesting that the legislature establish an executive director position.

     The legislature further finds that to facilitate the efficient administrative transfer of the council, prevent interruptions to council programs, and ensure that the council continues to function as an independent, cabinet-level coordinating council, the council's request to establish an executive director position is warranted. 

     The legislature additionally notes that an important duty of the council is to suggest appropriate legislation to improve the State's administration of invasive species programs and policies.  Through this feedback, the council's statutory powers and duties can be appropriately amended to improve outcomes. 

     Accordingly, the purpose of this Act is to:

     (1)  Establish the position of the Hawaii invasive species council executive director;

     (2)  Transfer the council's funding for the 2026-2027 fiscal year to the department of land and natural resources in accordance with its current administration; and

     (3)  Require a report to the legislature.

     SECTION 2.  Section 194-2, Hawaii Revised Statutes, is amended to read as follows:

     "§194-2  [[]Establishment of council; duties.[]]  (a)  There is established the invasive species council for the special purpose of providing policy level direction, coordination, and planning among state departments, federal agencies, and international and local initiatives for the control and eradication of harmful invasive species infestations throughout the State and for preventing the introduction of other invasive species that may be potentially harmful.  The council shall:

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

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

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

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

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

          (A)  Quarantine preemption;

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

          (C)  First class mail inspection prohibition;

          (D)  Whether quarantine of domestic pests arriving from the [mainland] continental United States should be provided by the federal government;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

          (A)  Business, economic development, and tourism;

          (B)  Health; and

          (C)  Transportation; and

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

          (A)  Agriculture and biosecurity; and

          (B)  Land and natural resources.

     (c)  Representatives of federal agencies, the legislature, and members of the private sector shall be asked to participate or consulted for advice and assistance.  Representatives of the legislature shall consist of eight members, as follows:

     (1)  Four senators, one from each county, to be selected by the senate president; and

     (2)  Four representatives, one from each county, to be selected by the speaker of the house of representatives.

     (d)  The council shall appoint an executive director who shall be exempt from chapter 76.  The salary of the executive director shall be set by the council and shall not be less than the salary of the forestry and wildlife manager of the Oahu branch of the division of forestry and wildlife of the department of land and natural resources.  The executive director shall:

     (1)  Be a person with:

          (A)  Appropriate education and training in the field of biosecurity and invasive species prevention and control; and

          (B)  Experience in managing and coordinating biosecurity and invasive species prevention, control, and outreach programs;

     (2)  Serve as the council's chief executive officer;

     (3)  Be responsible for carrying out the purposes and duties of the council, as assigned;

     (4)  Serve on a full-time basis; and

     (5)  Be included in any benefit program generally applicable to the officers and employees of the State.

     [(d)] (e)  The council shall meet no less than twice annually to discuss and assess progress and recommend changes to the invasive species programs based on results of current risk assessments, performance standards, and other relevant data.  Notwithstanding any law to the contrary:

     (1)  A simple majority of voting members of the council shall constitute a quorum to do business; and

     (2)  Any action taken by the council shall be by a simple majority of the voting members.

     [(e)] (f)  The council shall submit a report of its activities to the governor and legislature annually."

     SECTION 3.  Act 236, Session Laws of Hawaii 2025, is amended by amending section 42 to read as follows:

     "SECTION 42.  There is appropriated out of the general revenues of the State of Hawaii the sum of $4,250,000 or so much thereof as may be necessary for fiscal year 2026-2027 for the operations of the Hawaii invasive species council.

     The sum appropriated shall be expended by the department of [agriculture and biosecurity] land and natural resources for the purposes of this Act."

     SECTION 4.  The Hawaii invasive species council shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than December 1, 2026 that shall include recommendations for proposed legislation to:

     (1)  Improve the State's administration of invasive species programs and policies; and

     (2)  Ensure the responsibilities and duties of the council continue to efficiently and effectively promote the prevention and control of invasive species in the State.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2026.

Report Title:

DLNR; DAB; HISC; Executive Director; Appropriation; Report

Description:

Establishes the position of the Hawaii Invasive Species Council Executive Director.  Appropriates funds to the Department of Land and Natural Resources, rather than the Department of Agriculture and Biosecurity, for the HISC for fiscal year 2026‑2027.  Requires a report to the Legislature.

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. 2621

Honolulu, Hawaii

RE:     S.B. No. 2488

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committees on Water, Land, Culture and the Arts and Agriculture and Environment, to which was referred S.B. No. 2488 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII INVASIVE SPECIES COUNCIL,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish the position of the Hawaii Invasive Species Council Executive Director;

     (2)  Appropriate funds to the Department of Land and Natural Resources, rather than the Department of Agriculture and Biosecurity, for the Hawaii Invasive Species Council for fiscal year 2026-2027; and

     (3)  Require a report to the Legislature.

     Your Committees received testimony in support of this measure from the Department of Health; Department of Agriculture and Biosecurity; Department of Land and Natural Resources; Coordinating Group on Alien Pest Species; Hawaiʻi Food+ Policy; Sierra Club of Hawaiʻi; Hawaiʻi Farm Bureau; The Nature Conservancy, Hawaiʻi and Palmyra; Free Access Coalition; Oʻahu Invasive Species Committee; Kupuna for the Moʻopuna; and sixteen individuals.

     Your Committees find that the Hawaii Invasive Species Council (HISC) plays a critical role as a cross-jurisdictional organization that coordinates, supports, and funds research while directing invasive species control activities.  Act 236, Session Laws of Hawaii 2025, transfers HISC from the Department of Land and Natural Resources to the Department of Agriculture and Biosecurity.  However, HISC will remain administratively attached to the Department of Land and Natural Resources until January 2030.  This measure will transfer funds appropriated to the Department of Agriculture and Biosecurity to the Department of Land and Natural Resources and establish the position of Hawaii Invasive Species Council Executive Director to ensure that HISC may continue to execute essential invasive species prevention and response programs amidst its restructuring.

     Your Committees have amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

     As affirmed by the records of votes of the members of your Committees on Water, Land, Culture and the Arts and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2488, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2488, S.D. 1, and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Water, Land, Culture and the Arts and Agriculture and Environment,