Hawaii-2018-SB2728-Introduced

SECTION 1. The legislature reaffirms that the invasion of Hawaii by insects, disease-bearing organisms, snakes, weeds, and other pests is the single greatest threat to Hawaii's economy and natural environment and to the health and lifestyle of Hawaii's people. The legislature finds that action is needed to improve the State's programs to mitigate the threats and impacts of invasive species and to effectively implement the Hawaii Interagency Biosecurity Plan.

The legislature recognized invasive species as a multi-agency issue following the 2002 legislative reference bureau report titled, "Filling the Gaps in the Fight Against Invasive Species," which recommended the creation of an interagency coordinating body with dedicated staff and funding. In 2003, the legislature created the Hawaii invasive species council for coordination purposes, but did not establish dedicated staff or funding. The council has been administered by the department of land and natural resources and has been appropriated varying levels of general and special funds to support interagency mitigation projects. In 2015, the legislative reference bureau released an additional report titled, "Can't See the Forest for the (Albizia) Trees: an Invasive Species Update," again recommending the establishment of a coordinating body with adequate staff and funding.

Improved biosecurity and invasive species management are central goals of the governor's sustainable Hawaii initiative, the department of agriculture's new Hawaii Interagency Biosecurity Plan, and the Aloha+ Challenge adopted by the legislature in 2014. Building on the model of the Hawaii invasive species council by adding additional expertise to the board, as well as staff and funding resources, would allow the State to effectively implement and track outcomes of the Hawaii Interagency Biosecurity Plan, provide centralized data collection and management for multi-agency invasive species programs, better support emergency responses implemented by departments, and better engage industries and the public in invasive species reporting and mitigation.

The purpose of this Act is to restructure the Hawaii invasive species council into a new entity, the Hawaii invasive species authority, attached administratively to the department of agriculture. The establishment of the authority will expand upon the existing council model by adding additional expertise to the interagency board of directors, authorizing the board to hire staff as necessary, and mandating new duties relating to the coordination of the interagency biosecurity plan.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

HAWAII INVASIVE SPECIES AUTHORITY

§ -1 Administration of chapter. The Hawaii invasive species authority shall administer this chapter.

§ -2 Definitions. As used in this chapter, unless the context requires otherwise:

"Authority" means the Hawaii invasive species authority established by section -3.

"Biosecurity" means the set of measures taken to manage the risk from invasive species to the economy, environment, and health and lifestyle of the people.

"Department" means any governmental entity whose representative or designee is a member of the authority.

"Invasive species" means a species that is not native to Hawaii and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.

§ -3 Establishment of the Hawaii invasive species authority; duties. (a) There is established the Hawaii invasive species authority 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 invasive species infestations throughout the State and for preventing the introduction of other invasive species. The authority shall:

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

(2) Identify invasive species present in the State and adopt a list of invasive species designated for control or eradication, by rule, according to criteria for the designation established by rule, pursuant to chapter 91;

(3) Advise, consult, and coordinate invasive species-related efforts with and between the departments of agriculture, land and natural resources, health, transportation, business, economic development and tourism, and the University of Hawaii, as well as state, federal, international, and privately organized programs and entities;

(4) Coordinate amongst departments and stakeholders the implementation of the Hawaii Interagency Biosecurity Plan developed by the department of agriculture, and track progress and outcomes related to implementation of the plan;

(5) Serve as a multiagency coordinating system for interagency emergency responses to invasive species and, for a given response, designate roles and responsibilities of individual departments;

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

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

(8) Incorporate and expand upon the Hawaii-Pacific weed risk assessment protocol to the extent appropriate for the authority's biosecurity efforts;

(9) Provide a central repository for the collection and management of relevant summary data from invasive species programs in the State;

(10) Develop and implement an online resource for public reporting of invasive species and for the sharing of information relating to the State's multi-agency biosecurity and invasive species programs;

(11) Implement an interagency budget for projects that address gaps between agency mandates or support research related to invasive species;

(12) 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;

(D) 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;

(E) 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

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

(13) 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; and

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

(b) The authority shall be placed within the department of agriculture for administrative purposes only, as provided in section 26-35. The authority shall be composed of nine members including:

(1) The president of the University of Hawaii, or the president's designee;

(2) The director of business, economic development, and tourism, or the director's designee;

(3) The director of health, or the director's designee;

(4) The director of transportation, or the director's designee;

(5) The chairperson of the board of agriculture, or the chairperson's designee;

(6) The chairperson of the board of land and natural resources, or the chairperson's designee; and

(7) Three members appointed by the governor pursuant to section 26-34, including:

(A) An individual representing the interests of natural resource conservation;

(B) An individual representing the interests of agriculture or horticulture; and

(c) The chairpersons of the board of land and natural resources and the board of agriculture shall act as co-chairpersons of the authority.

(d) The members of the authority other than ex officio members or their designees shall serve without pay but shall be reimbursed upon request for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.

(e) Representatives of federal agencies, the legislature, and county agencies may be asked to participate in meetings of the authority or be consulted for advice and assistance.

(f) The authority shall meet no less than twice annually.

(g) The authority shall submit a report to the governor and legislature twenty days prior to each regular session detailing its activities as well as budgetary and other issues relating to invasive species.

(h) The authority, without regard to the requirements of chapter 76 and chapter 89, may hire employees necessary to perform its duties, including but not limited to an executive director. The executive director shall serve at the pleasure of the authority and the salary of the executive director shall be set by the authority. The authority, through its executive director, may appoint officers, agents, and employees; prescribe their duties and qualifications, and set their salaries, without regard to chapter 76 and chapter 89. Notwithstanding section 26-35, the executive director may represent the authority in communications with the governor and the legislature. The authority may delegate to its employees, by formal action, such power and authority vested in the authority by this chapter as the authority deems reasonable and proper for the effective administration of this chapter.

§ -4 Lead agencies; accountability. A state department that is designated as a lead agency for a particular interagency response effort under section -3(a)(5), with respect to a particular function of invasive species control, shall have administrative responsibility and accountability for that designated function of invasive species control. The lead agency shall coordinate with other departments and federal and private agencies to control or eradicate the designated invasive species.

§ -5 Relation of chapter to other laws. Notwithstanding any other law to the contrary, and in addition to any other authority provided by law that is not inconsistent with the purposes of this chapter, a department is authorized to examine, control, and eradicate all instances of invasive species identified by the authority for control or eradication and found on any public or private premises or in any aircraft or vessel landed or docked in waters of the State.

§ -6 Entry; private property. (a) Whenever any invasive species identified by the authority for control or eradication is found on private property, a department or its authorized agent may enter such premises to control or eradicate the invasive species after reasonable notice is given to the owner of the property and, if entry is refused, pursuant to a court order as provided in subsection (d).

(b) A duplicate of the notice so given shall be left with one or more of the tenants or occupants of the premises, if applicable. If the premises are unoccupied, notice shall be mailed to the last known place of residence of the owner, if residing in the State. If the owner does not reside in this State or cannot be expeditiously provided with notice, notice left at or posted on the premises shall be sufficient.

(c) The department may instead cause notice to be given, and order an owner to control or eradicate the invasive species, if such species was intentionally and knowingly established by the owner on the owner's property and not naturally dispersed from neighboring properties, at the owner's expense within such reasonable time as the department may deem proper, pursuant to the notice requirements of this section.

(d) If the owner thus notified fails to comply with the order of the department within the time specified by the department, or if entry is refused after notice is given pursuant to subsection (a) and, if applicable, subsection (b), the department may apply to the district court of the circuit in which the property is situated for a warrant, directed to any police officer of the circuit, commanding the police officer to take sufficient aid and to assist the department member or its agent in gaining entry onto the premises, and executing measures to control or eradicate the invasive species.

(e) The department may recover by appropriate proceedings the expenses incurred from any owner who, after proper notice, has failed to comply with the department's order.

(f) In no case shall the department or any officer or agent thereof be liable for costs in any action or proceeding that may be commenced pursuant to this chapter.

§ -7 Entry; public property. (a) Whenever any invasive species is found on state or county property or on a public highway, street, lane, alley, or other public place controlled by the State or county, notice shall be given by the department or its agent, as the case may be, to the person officially in charge thereof, and the person shall immediately control or eradicate the invasive species as directed by the department.

(b) In case of a failure to control or eradicate the invasive species to the satisfaction of the department, the procedure shall be the same as provided in case of private persons in section -6.

§ -8 Rules. The authority may adopt rules pursuant to chapter 91 to effectuate this chapter."

SECTION 3. Any ongoing actions or obligations of the Hawaii invasive species council shall be transferred to the Hawaii invasive species authority, along with any relevant equipment and copies of all applicable records regarding the Hawaii invasive species council, upon repeal of chapter 194, Hawaii Revised Statutes.

SECTION 4. Chapter 194, Hawaii Revised Statutes, is repealed on July 1, 2019.

SECTION 5. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2018-2019 for positions and other operating expenditures of the Hawaii invasive species authority.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $10,000,000 or so much thereof as may be necessary for fiscal year 2018-2019 for interagency projects and research related to invasive species, as described in section -3(a)(11), Hawaii Revised Statutes, in section 2 of this Act, and as directed by the Hawaii invasive species authority.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act, provided that portions of this appropriation may be transferred to other departments to implement the directions of the Hawaii invasive species authority. In subsequent fiscal years the sum appropriated for interagency projects and research shall be expended by the department of agriculture.

SECTION 7. This Act, upon its approval, shall take effect on July 1, 2018.

INTRODUCED BY:

_____________________________

BY REQUEST

THE SENATE	S.B. NO.	2728
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII