SB 2489: DAB; Invasive Species; Lease Provisions
- Session Year: 2025-2026
- House: Senate
- Latest Version Date: 2026-03-23
Current Status:
Failed
(2026-03-24: Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Alcos, Gedeon, Matsumoto, Reyes Oda voting aye with reservations; Representative(s) Garcia voting no (1) and Representative(s) Garrett, Quinlan excused (2).)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Final Decking
Enacted
Requires each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating that the Department may: (1) enter the leased premises; (2) order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and (3) terminate the lease for refusal or violation. Effective 7/1/3000. (HD1)
Requires each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating that the Department may: (1) enter the leased premises; (2) order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and (3) terminate the lease for refusal or violation. (SD1)
Requires each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating that the Department may: (1) enter the leased premises; (2) order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and (3) terminate the lease for refusal or violation.
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THE SENATE |
S.B. NO. |
2489 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
RELATING TO INVASIVE SPECIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to ensure that the department of agriculture and biosecurity has authority to:
(1) Access property that the department leases to timely survey for and control invasive species; and
(2) Require the department's lessees to control specific invasive species on their leased parcels.
SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§141- Lease terms; invasive species. (a) Notwithstanding any law to the contrary, each lease that the department of agriculture and biosecurity enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2026, shall include provisions stating that the department may:
(1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive species;
(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and
(3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, order, or request relating to the control or eradication of invasive species.
(b) Access granted by this section shall be subject to the notice requirements and limitations on liability established in section 141-3.6.
(c) For the purposes of this section, "invasive species" means any taxon that is a pest as defined in section 150A-2, or that is a prohibited, restricted, or unlisted species pursuant to chapter 150A or any rule adopted under that chapter and that is present in violation of the requirements of that chapter or rule."
SECTION 3. Chapter 166, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§166- Lease terms; invasive species. (a) Notwithstanding any law to the contrary, each lease that the department of agriculture and biosecurity enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2026, shall include provisions stating that the department may:
(1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive species;
(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and
(3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, order, or request relating to the control or eradication of invasive species.
(b) Access granted by this section shall be subject to the notice requirements and limitations on liability established in section 141-3.6.
(c) For the purposes of this section, "invasive species" has the same meaning as in section 141- ."
SECTION 4. Chapter 166E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§166E- Lease terms; invasive species. (a) Notwithstanding any law to the contrary, each lease that the department of agriculture and biosecurity enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2026, shall include provisions stating that the department may:
(1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive species;
(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and
(3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, order, or request relating to the control or eradication of invasive species.
(b) Access granted by this section shall be subject to the notice requirements and limitations on liability established in section 141-3.6.
(c) For the purposes of this section, "invasive species" has the same meaning as in section 141- ."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 3000.
Report Title:
DAB; Invasive Species; Lease Provisions
Description:
Requires each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating that the Department may: (1) enter the leased premises; (2) order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and (3) terminate the lease for refusal or violation. 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.
|
THE SENATE |
S.B. NO. |
2489 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO INVASIVE SPECIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that a recent example of the importance of addressing this gap is the detection of coconut rhinoceros beetle (CRB) in an agricultural park on Hawaii island that is managed by the department of agriculture and biosecurity. The department sought and relied on gaining access permission from each lessee, which led to a patchwork of inspected and treated areas, while the CRB continued to spread from the agricultural park.
Accordingly, the purpose of this Act is to ensure that the department of agriculture and biosecurity has authority to:
(1) Access property that it leases to timely survey for and control invasive species; and
(2) Require its lessees to control specific invasive species on their leased parcels.
SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§141- Lease terms; invasive species. (a) Notwithstanding any law to the contrary, each lease that the department of agriculture and biosecurity enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2026, shall include provisions stating that the department may:
(1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive species;
(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and
(3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, order, or request relating to the control or eradication of invasive species.
(b) Access granted by this section shall be subject to the notice requirements and limitations on liability established in section 141-3.6.
(c) For the purposes of this section, "invasive species" means any taxon that is a pest as defined in section 150A-2, or that is a prohibited, restricted, or unlisted species pursuant to chapter 150A or any rule adopted under that chapter and that is present in violation of the requirements of that chapter or rule."
SECTION 3. Chapter 166, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§166- Lease terms; invasive species. (a) Notwithstanding any law to the contrary, each lease that the department of agriculture and biosecurity enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2026, shall include provisions stating that the department may:
(1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive species;
(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and
(3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, order, or request relating to the control or eradication of invasive species.
(b) Access granted by this section shall be subject to the notice requirements and limitations on liability established in section 141-3.6.
(c) For the purposes of this section, "invasive species" has the same meaning as defined in section 141- ."
SECTION 4. Chapter 166E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§166E- Lease terms; invasive species. (a) Notwithstanding any law to the contrary, each lease that the department of agriculture and biosecurity enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2026, shall include provisions stating that the department may:
(1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive species;
(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and
(3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, order, or request relating to the control or eradication of invasive species.
(b) Access granted by this section shall be subject to the notice requirements and limitations on liability established in section 141-3.6.
(c) For the purposes of this section, "invasive species" has the same meaning as defined in section 141- ."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Report Title:
DAB; Invasive Species; Lease Provisions
Description:
Requires each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating that the Department may: (1) enter the leased premises; (2) order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and (3) terminate the lease for refusal or violation. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
|
THE SENATE |
S.B. NO. |
2489 |
|
THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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|
|
|
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|
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||
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A BILL FOR AN ACT
relating to invasive species.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that a recent example of the importance of addressing this gap is the detection of coconut rhinoceros beetle (CRB) in an agricultural park on Hawaii island that is managed by the department of agriculture and biosecurity. The department sought and relied on gaining access permission from each lessee, which led to a patchwork of inspected and treated areas, while the CRB continued to spread from the agricultural park.
Accordingly, the purpose of this Act is to ensure that the department of agriculture and biosecurity has authority to:
(1) Access property that it leases to timely survey for and control invasive species; and
(2) Require its lessees to control specific invasive species on their leased parcels.
SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§141- Lease terms; invasive species. (a) Notwithstanding any law to the contrary, each lease that the department of agriculture and biosecurity enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2026, shall include provisions stating that the department may:
(1) Enter the leased premises at any time to survey for, identify, investigate, control, or eradicate invasive species;
(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and
(3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, order, or request relating to the control or eradication of invasive species.
(b) Access granted by this section shall be subject to the notice requirements and limitations on liability established in section 141-3.6.
(c) For the purposes of this section, "invasive species" means any taxon that is a pest as defined in section 150A-2, or that is a prohibited, restricted, or unlisted species pursuant to chapter 150A or any rule adopted under that chapter and that is present in violation of the requirements of that chapter or rule."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
DAB; Invasive Species; Lease Provisions
Description:
Requires each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating that the Department may: (1) enter the leased premises; (2) order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and (3) terminate the lease for refusal or violation.
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 24, 2026 | Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Alcos, Gedeon, Matsumoto, Reyes Oda voting aye with reservations; Representative(s) Garcia voting no (1) and Representative(s) Garrett, Quinlan excused (2). |
| Mar 24, 2026 | Reported from AGR (Stand. Com. Rep. No. 1395-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA. |
| Mar 20, 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, Lowen, Perruso; Ayes with reservations: Representative(s) Matsumoto; Noes: none; and 1 Excused: Representative(s) Quinlan. |
| Mar 17, 2026 | Bill scheduled to be heard by AGR on Friday, 03-20-26 9:30AM in House conference room 325 VIA VIDEOCONFERENCE. |
| Mar 12, 2026 | Referred to AGR, JHA, referral sheet 17 |
| Mar 12, 2026 | Pass First Reading |
| Mar 10, 2026 | Received from Senate (Sen. Com. No. 249) in amended form (SD 1). |
| Mar 10, 2026 | Report adopted; Passed Third Reading, as amended (SD 1). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House. |
| Mar 6, 2026 | 48 Hrs. Notice 03-10-26. |
| Mar 6, 2026 | Reported from JDC (Stand. Com. Rep. No. 3021) with recommendation of passage on Third Reading, as amended (SD 1). |
| Mar 3, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in JDC were as follows: 3 Aye(s): Senator(s) Rhoads, Gabbard, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Chang, San Buenaventura. |
| Feb 24, 2026 | The committee(s) on JDC will hold a public decision making on 03-03-26 10:15AM; Conference Room 016 & Videoconference. |
| Feb 20, 2026 | Report adopted; Passed Second Reading and referred to JDC. |
| Feb 20, 2026 | Reported from AEN/WLA (Stand. Com. Rep. No. 2560) with recommendation of passage on Second Reading and referral to JDC. |
| Feb 11, 2026 | The committee(s) on AEN recommend(s) that the measure be PASSED, UNAMENDED. 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. |
| Feb 11, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, UNAMENDED. The votes in WLA were as follows: 5 Aye(s): Senator(s) Lee, C., Inouye, Chang, Lamosao, DeCorte; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none. |
| Feb 6, 2026 | The committee(s) on AEN/WLA has scheduled a public hearing on 02-11-26 3:00PM; CR 224 & Videoconference. |
| Jan 28, 2026 | Referred to AEN/WLA, JDC. |
| Jan 22, 2026 | Passed First Reading. |
| Jan 22, 2026 | Introduced. |
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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 20, 2026 | The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS | House Standing Committee on Agriculture & Food Systems |
Passed |
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| Mar 10, 2026 | Third Reading | Senate Floor |
Passed |
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| Mar 3, 2026 | The committee(s) on JDC recommend(s) that the measure be PASSED, WITH AMENDMENTS | Senate Standing Committee on Judiciary |
Passed |
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| Feb 11, 2026 | The committee(s) on AEN recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Agriculture and Environment |
Passed |
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| Feb 11, 2026 | The committee(s) on WLA recommend(s) that the measure be PASSED, UNAMENDED | Senate Standing Committee on Water, Land, Culture and the Arts |
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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| Coordinating Group on Alien Pest Species (CGAPS) | *** Support | Mar 20, 2026 |
| Department of Land and Natural Resources | *** Support | Mar 20, 2026 |
| Hawaii Cattlemen's Council | *** Against | Mar 20, 2026 |
| Hawaii Cattlemen’s Council | *** Against | Mar 20, 2026 |
| Hawaiʻi Food+ Policy | ** Support | |
| Ka Ohana O Na Pua | ** Support | |
| Oʻahu Invasive Species Committee (OISC) | *** Support | Mar 20, 2026 |
STAND. COM. REP. NO. 3021
Honolulu, Hawaii
RE: S.B. No. 2489
S.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2489 entitled:
"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES,"
begs leave to report as follows:
The purpose and intent of this measure is to require each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating that the Department may:
(1) Enter the leased premises;
(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and
(3) Terminate the lease for refusal or violation.
Your Committee received testimony in support of this measure from the Department of Land and Natural Resources, Oʻahu Invasive Species Committee, Coordinating Group on Alien Pest Species, and Hawaiʻi Food+ Policy.
Your Committee received testimony in opposition to this measure from the Hawaii Cattlemen's Council, Inc.
Your Committee received comments on this measure from the Department of Agriculture and Biosecurity and Hawaiʻi Farm Bureau.
Your Committee finds that the Department of Agriculture and Biosecurity (Department) includes various access provisions in its agricultural leases. However, at times it has been difficult to determine what specific access provision applies to each lease, which can create impediments to access and the Department's ability to respond to a high-impact invasive species detected on state-leased agricultural lands. Additionally, the Department's agricultural leases are managed by the Agricultural Resource Management Division, while invasive species response is carried out by the Plant Industry Division, further complicating the process of determining each lease's access provision. This measure will allow invasive species control actions to be carried out efficiently to prevent the spread of the species throughout certain state-leased lands and surrounding areas.
Your Committee has amended this measure by:
(1) Inserting language specifying that the mandatory lease terms established by this measure apply to leases for agricultural parks under chapter 166, Hawaii Revised Statutes (HRS), and non-agricultural park lands under chapter 166E, HRS; and
(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2489, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2489, S.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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________________________________ KARL RHOADS, Chair |
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STAND. COM. REP. NO. 2560
Honolulu, Hawaii
RE: S.B. No. 2489
Honorable Ronald D. Kouchi
President of the Senate
Thirty-Third State Legislature
Regular Session of 2026
State of Hawaii
Sir:
Your Committees on Agriculture and Environment and Water, Land, Culture and the Arts, to which was referred S.B. No. 2489 entitled:
"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES,"
beg leave to report as follows:
The purpose and intent of this measure is to require each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating that the Department may:
(1) Enter the leased premises;
(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and
(3) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises.
Your Committees received testimony in support of this measure from the Department of Land and Natural Resources, Coordinating Group on Alien Pest Species, Oʻahu Invasive Species Committee, Ka Ohana O Na Pua, and two individuals.
Your Committees received comments on this measure from the Department of Agriculture and Biosecurity; Hawaiʻi Farm Bureau; Hawaii Cattlemen's Council, Inc.; and Hawaiʻi Food+ Policy.
Your Committees find that that state-leased agricultural lands managed by the Department of Agriculture and Biosecurity can be infested with invasive species that can spread to surrounding areas. While the Department of Agriculture and Biosecurity currently obtains the power to enter most properties within the State to combat invasive species, it is difficult to determine which specific access provision applies to each agricultural lease, which can create impediments to access and invasive species response. By recognizing these general access obstacles, this measure will improve the Department's ability to enforce biosecurity rules and ensure lessee compliance.
As affirmed by the records of votes of the members of your Committees on Agriculture and Environment and Water, Land, Culture and the Arts that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2489 and recommend that it pass Second Reading and be referred to your Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committees on Agriculture and Environment and Water, Land, Culture and the Arts,
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________________________________ CHRIS LEE, Chair |
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________________________________ MIKE GABBARD, Chair |
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Date
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Testimony PDF
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| Mar 20, 2026 | SB2489_SD1_TESTIMONY_AGR_03-20-26_.PDF |
| Mar 2, 2026 | SB2489_TESTIMONY_JDC_03-03-26_.PDF |
| Feb 11, 2026 | SB2489_TESTIMONY_AEN-WLA_02-11-26_.PDF |
Discussed in Hearing
4MIN
House Standing Committee on Agriculture & Food Systems
44SEC
House Standing Committee on Agriculture & Food Systems
1MIN
Senate Standing Committee on Judiciary
5MIN
Senate Standing Committee on Agriculture and Environment
5MIN
Senate Standing Committee on Water, Land, Culture and the Arts
1MIN
Senate Standing Committee on Agriculture and Environment
1MIN
Senate Standing Committee on Water, Land, Culture and the Arts
Bill Author
