Bill Text: HI SB139 | 2025 | Regular Session | Introduced
Bill Title: Relating To Invasive Species.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced) 2025-01-15 - Introduced and passed First Reading. [SB139 Detail]
Download: Hawaii-2025-SB139-Introduced.html
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THE SENATE |
S.B. NO. |
139 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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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 the university of Hawaii projects, including the Hawaii ant lab and the island-based invasive species-committees (ISCs) provide practical and applied research and extension services to support and fill gaps to meet the goal of protecting the islands and communities from the impacts of particularly harmful invasive species. However, these projects are grant-funded and do not always have sufficient staff and resources to control and eliminate infestations of LFA in neighborhoods on Oahu, Kauai, and Maui, or to support neighborhoods on Hawaii island that wish to carry out control programs.
The legislature also finds that authorizing the departments of the Hawaii invasive species council, the counties, and their agents, including the Hawaii ant lab and the ISCs, to develop and supervise community action programs that utilize volunteers who live or work in infested areas to control or eradicate pests like the LFA would be a cost-effective and efficient approach to combat these invasive pests.
Accordingly, the purpose of this Act is to authorize the use of community action programs for the control or eradication of certain invasive pests.
SECTION 2. Chapter 460J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§460J- Community
action programs. (a) Any department of the invasive species
council, county, or any agent of a department of the invasive species council
or a county, including the Hawaii ant lab or an island-based invasive species
committee, may develop and carry out a community action program for any
invasive species identified by the invasive species council for control or
eradication.
(b) A community action program shall:
(1) Include training for community action program volunteer participants on the application and use of each non-restricted use pesticide utilized in the program;
(2) Include education and outreach to each community where a community action program will be carried out;
(3) Ensure appropriate supervision of all volunteers preparing or applying a non-registered pesticide under the program;
(4) Ensure that any non-restricted use pesticide used in the program is applied in accordance with its label; and
(5) Ensure that any non-restricted use pesticide distributed to owners or occupiers of a property includes the full label for the pesticide.
(c)
Any individual participating in a community action program shall not be
considered a pest control operator.
(d) A community action program may utilize volunteers employed by any employer that agrees to make its employees or staff available during their work hours to participate in the community action program.
(e) A community action program may contract with, and provide compensation to, a person carrying out education and outreach as required by subsection (b)(2).
(f)
Any employee or agent of any department of the invasive species council
or county, including the Hawaii ant lab or an island-based invasive species committee,
and any individual volunteer participating in a community action program shall
be liable only for damage caused by acts beyond the scope of the person's
authority, or acts resulting from the person's negligence, gross negligence, or
intentional misconduct while carrying out a community action program.
(g)
As used in this section:
"Community action program"
means a program carried out by a department of the invasive species council, a
county, or their agent, including the Hawaii ant lab or an island-based
invasive species committee, that utilizes volunteers to distribute or apply
non-restricted use pesticides in a particular community or geographic area to
control or eradicate an invasive species identified by the invasive species council
for control or eradication.
"Department of the invasive species
council" means each of the state entities that comprise the invasive
species council established pursuant to section 194-2, including:
(1) The department of agriculture;
(2) The department of business, economic development, and tourism;
(3) The department of health;
(4) The department of land and natural resources;
(5) The department of transportation; and
(6) The university of Hawaii."
SECTION 3. Section 460J-26, Hawaii Revised Statutes, is amended to read as follows:
"§460J-26 Exemptions. This chapter shall not apply to:
(1) Officials of the federal government on military reservations;
(2) Personnel of the United States Department of Agriculture, the state department of agriculture, or state department of land and natural resources, or the United States Public Health Service in the performance of their official duties;
(3) Other government employees who conduct research on pesticides or pest control or who use pesticides in the performance of their duties;
(4) Qualified scientific personnel specially exempted by the board;
(5) Persons
engaged in pest control for agricultural purposes; [or]
(6) Engineers or architects licensed under chapter 464 who:
(A) Draft or prepare design documents that prescribe anti-termite or anti-pest measures, including the specification of termiticides, that are required by the building code and other governmental agencies;
(B) Conduct building condition or assessment surveys to observe and evaluate the condition of the building or structure, if the primary purpose of these surveys is not to report on the identification of infestations; or
(C) Prepare
reports based on the results of the surveys specified in subparagraph (B) that
identify the location, extent, and probable cause of the pest damage (e.g.,
"termite damage"); provided that where a report concerns termite
damage, the particular type or species of termite shall not be specified unless
the report is written in consultation with a licensed pest control operator
licensed in termite control or other duly recognized expert in urban
entomology, such as an insect taxonomist or urban entomologist with expertise
in the identification or control of termites; and provided further that if a
licensed pest control operator is not consulted, the report shall include a
recommendation that a licensed pest control operator be contracted for further
assessment or treatment[.]; or
(7) Individuals participating in a community action program under section 460J- ."
SECTION 4. Statutory material to be repealed is bracketed and stricken. 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:
Community Action Programs; Invasive Species; Little Fire Ants; Hawaii Ant Lab
Description:
Authorizes any department of the Invasive Species Council, county, or any agent of a department of the Invasive Species Council or a county, including the Hawaii Ant Lab or an island-based invasive species committee to use community action programs for the control or eradication of certain invasive pests. Defines community action program. Exempts individuals participating in a community action program from pest control operator requirements and regulations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
