SB 251: RELATING TO INVASIVE SPECIES.

A BILL FOR AN ACT

relating to invasive species.

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

     SECTION 1.  The legislature finds that Hawaii's nursery industry is worth more than $81,000,000 in local and export sales, according to the 2020 United States Department of Agriculture's Summary of Horticulture and Nursery Products.  Invasive species, such as the little fire ant and coqui frog, and pathogens, like the new viruses affecting red ginger, result in costs to the nursery industry, and impact consumers who purchase nursery plants and other material infested with invasive pests.

     The legislature further finds that the rapid spread of invasive pests on Oahu has been exacerbated by members of the public unknowingly buying plants containing invasive pests and transporting the plants to various locations around Oahu.  Plant nurseries on other islands have also been discovered to sell nursery stock that is stored in areas infested with invasive pests.  Finally, there is no prohibition on the sale of nursery stock or other material that is infested with an invasive pest.

     The legislature also finds that preventing the spread of invasive species protects the nursery industry and agricultural producers and businesses, and preventing the sale of merchandise that is infested with pests addresses the highest risk situations where unsuspecting consumers purchase pest infested merchandise and bring it home, spreading the pest across the island.  Members of the public would be less likely to purchase plants containing invasive pests if nurseries, farms, and other agriculture-related businesses were required to show a placard stating their invasive pest status within a classification system developed by the department of agriculture.

     The legislature notes that during the Regular Session of 2024, the legislature adopted House Concurrent Resolution No. 24, which requested that the department of agriculture create and submit a plan to develop an invasive species placard program, including the resources, recommendations, and any proposed legislation needed to implement the program, no later than twenty days prior to the convening of the legislature in 2025.

     The purpose of this Act is to require the department of agriculture to adopt rules and implement an invasive species placard program for plant nurseries.

     SECTION 2.  Chapter 150A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§150A-    Invasive species placard program.  (a)  The department shall adopt rules and implement an invasive species placard program for locations that sell nursery stock.

     (b)  The purposes of the invasive species placard program are to:

     (1)  Prevent the spread of pests, including noxious weeds, through the sale or movement of nursery stock and other material;

     (2)  Increase the use of best management practices at locations where nursery stock is sold; and

     (3)  Inform the public of the results of inspections at locations where nursery stock is sold.

     (c)  The invasive species placard program shall:

     (1)  Utilize green, yellow, and red placards that shall be conspicuously posted at each location that sells nursery stock;

     (2)  Authorize administrative inspections of locations that sell nursery stock;

     (3)  Set out the standards, management practices, and violations which will result in the issuance of a green, yellow, or red placard for a location; and

     (4)  Require a location that receives a red placard after its most recent inspection to take corrective actions, including quarantining, treating, or destroying pest-infested nursery stock or other material as necessary until the conditions or violations that resulted in the red placard are remedied to the satisfaction of the department.

     (d)  The rules adopted under subsection (a) shall require that the department provide, in writing, to the owner, operator, or person in charge of a location that receives a red placard or is required to treat, quarantine, or destroy nursery stock or other material:

     (1)  Notice that the red placard or treatment, quarantine, or destruction requirement has been issued, including a description of the specific nursery stock, other material, or location covered;

     (2)  A description of the specific reasons for the issuance of the red placard or other requirement and the actions needed to remedy the compliance issue;

     (3)  Notice that the owner, operator, or person in charge may request an inspection and that the red placard or other requirement may be removed if the inspection shows correction of the conditions or violations that led to the issuance of the red placard or requirement; and

     (4)  Notice of the opportunity to initiate a contested case hearing with the department by submitting to the department a request for a hearing in writing within thirty days following the date the department issues a red placard or other requirement.

     (e)  The rules adopted under subsection (a) shall set out:

     (1)  Fees for inspections carried out by the department to implement the invasive species placard program; and

     (2)  Administrative fines for violations of the invasive species placard program.

     (f)  If the department does not adopt rules and implement the invasive species placard program required by this section within       years, a county may adopt rules for an invasive species placard program for locations that sell nursery stock within that county.

     (g)  The State or a county shall not be liable for any economic loss or damages, including loss of income, related to any actions by the department or a county in carrying out the invasive species placard program under this section.  Actions include issuance of treatment, quarantine, or destruction orders for any item.

     (h)  For the purposes of this section, "nursery stock" means any plant for planting, propagation, or ornamentation, including plants used to produce cut flowers, plants, trees, shrubs, vines, perennials, grafts, cuttings, and buds that may be sold for propagation, whether cultivated or wild, and all viable parts of these plants."

     SECTION 3.  New statutory material is underscored.

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

Report Title:

DOA; Counties; Invasive Species Placard Program; Invasive Species; Plant Nurseries

Description:

Requires the Department of Agriculture to adopt rules and carry out an Invasive Species Placard Program for plant nurseries.  Allows a county to adopt an Invasive Species Placard Program if the Department does not adopt the Program within a certain number of years.

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. 16

Honolulu, Hawaii

RE:    S.B. No. 251

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.B. No. 251 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:

     (1)  Require the Department of Agriculture to adopt rules and implement an Invasive Species Placard Program for plant nurseries; and

     (2)  Allow the counties to adopt an Invasive Species Placard Program if the Department does not implement the Program by an unspecified date.

     Your Committee received testimony in support of this measure from the Oʻahu Invasive Species Committee, Hawaiʻi Farmers Union United, Coordinating Group on Alien Pest Species, Sierra Club of Hawaiʻi, and nineteen individuals.

     Your Committee received comments on this measure from the Department of Agriculture, Hawaiʻi Invasive Species Council, and Hawaiʻi Farm Bureau.

     Your Committee finds that the nursery trade is one of the primary pathways through which invasive pests are spread around the State.  Your Committee notes that existing law does not expressly prohibit the sale of nursery stock or other material that is infested with an invasive pest.  According to testimony received by your Committee, the placard system proposed in this measure follows the Hazard Analysis and Critical Control Point model used in Australia and New Zealand to prevent or address priority pests and is the best available way to ensure that local nurseries have, and use, the most current pest information and relevant best management practices related to invasive species.  This measure seeks to encourage responsible and proactive prevention and control by local nurseries, facilitate interventions by the Department of Agriculture to prevent and address infestations, and allow consumers to make better informed decisions about the risks of purchasing and transporting infested plants or other nursery stock.

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 251 and recommends that it pass Second Reading and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,