HOUSE OF REPRESENTATIVES

H.B. NO.

2628

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

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 immediate action is needed to further protect Hawaii from the importation of invasive species.  The biodiversity of the Hawaiian islands is a strength to be celebrated and protected.  However, through Act 85, Session Laws of Hawaii 2003, the legislature recognized the silent invasion of Hawaii by alien invasive species as the single greatest threat to Hawaii's economy, natural environment, and the health and lifestyle of Hawaii's residents and visitors.

     The legislature finds that the continued importation of pest species threatens to undermine or destroy ongoing efforts to eradicate and control invasive species.  In addition, the continued importation of invasive species to the islands is evidence that Hawaii's biosecurity system is inadequate to meet today's challenges.  The unchecked movement of invasive species threatens our agricultural and economic security as well as our quality of life.  Existing law prohibits the importation of pest species and authorizes the Hawaii department of agriculture to inspect and quarantine any infested materials.  However, the department lacks adequate staffing, facilities, and enforcement capacity to address the current biological crisis.  Building the necessary capacity will take time.  Failure to act now will foreclose the opportunity to prevent the eventual establishment of the harmful invasive species in the islands.

     The purpose of this Act is to:

     (1)  Establish an affirmative responsibility on the consignor of any landscape material or products, agricultural goods, construction materials, equipment, vehicles, soil, or sand to prevent the importation of invasive species;

     (2)  Support development of additional tools to stop the importation of invasive species; and

     (3)  Provide necessary funds to achieve the objectives of this Act.

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

"Part    .  RESTRICTIONS ON IMPORTATION OF REGULATED ARTICLES

     §150A-    Restrictions on importation of regulated articles.  No person shall import any regulated article from any quarantined area except in accordance with this part.

     §150A-    Definitions.  As used in this part, unless the context otherwise requires:

     "Certificate" means a document in which an inspector affirms that a specified regulated article meets the requirements of this part and may be imported into the State.

     "Compliance agreement" means a written agreement between the department and a person engaged in growing, handling, or moving regulated articles, in which the person agrees to comply with this part and any conditions imposed under this part.

     "Limited permit" means a document in which an inspector affirms that a specified regulated article not eligible for a certificate is eligible for movement only to a specified destination and in accordance with conditions specified on the permit.

     "Management plan" means a plan prepared by the department of agriculture that includes acceptable treatment options for infestations of any species designated by the department.

     "Movement" or "moved" means the act of shipping, transporting, delivering, or receiving for movement, or otherwise aiding, abetting, inducing, or causing to be moved.

     "Non-compacted soil" means soil that can be removed from an article by brisk brushing or washing with water under normal water pressure.

     "Soil-moving equipment" means equipment used for moving or transporting soil, including but not limited to bulldozers, dump trucks, or road scrapers.

     §150A-    Regulated articles.  The following are regulated articles:

     (1)  Plants or propagative plant material, including cut flowers and foliage;

     (2)  Soil;

     (3)  Baled hay and baled straw stored in direct contact with the ground;

     (4)  Non-propagated material related to agriculture, including but not limited to:

         (A)  Compost;

         (B)  Mulch; or

         (C)  Fertilizer;

     (5)  Used soil-moving equipment, unless removed of all non-compacted soil; and

     (6)  Any other article or means of conveyance that an inspector determines presents a risk of spreading any invasive species designated by the department.

     §150A-    Quarantined areas.  (a)  The department shall determine whether to quarantine any counties within the continental United States based on the likelihood of importation of harmful invasive species.

     (b)  Less than an entire county may be listed as a quarantined area only if the department determines that:

     (1)  The county has adopted and is enforcing restrictions on the movement of the regulated articles listed in this part that are equivalent to the restrictions imposed by this part; and

     (2)  Designating less than the entire county as a quarantined area will prevent the spread of any invasive species designated by the department.

     (c)  The department may include uninfested acreage within a quarantined area due to its proximity to an infestation or inseparability from the infested locality for quarantine purposes, as determined by:

     (1)  Projections of the spread of invasive species designated by the department around the periphery of the infestation, as determined by previous years' surveys;

     (2)  Availability of natural habitats and host materials, within the uninfested acreage, suitable for establishment and survival of specific invasive species populations designated by the department; and

     (3)  Necessity of including uninfested acreage within the quarantined area in order to establish readily identifiable boundaries.

     (d)  The department or an inspector may temporarily designate any non-quarantined area as a quarantined area in accordance with the criteria specified in subsections (a), (b), and (c).  The department shall give written notice of this designation to the owner or person in possession of the non-quarantined area, or, in the case of publicly owned land, to the person responsible for the management of the non-quarantined area; thereafter, the movement of any regulated article from an area temporarily designated as a quarantined area is subject to this section.  As soon as practicable, either this area shall be added to the list of designated quarantined areas or the department shall terminate the designation.  The department shall give written notice of the termination as soon as practicable to the owner or person in possession of, or, in the case of publicly owned land, the person responsible for the management of, an area for which the designation is terminated.

     §150A-    Importation of regulated articles from quarantined areas.  (a)  Any regulated article may be imported from a quarantined area into or through a non-quarantined area only if moved under the following conditions:

     (1)  With a certificate or limited permit issued and attached in accordance with this part;

     (2)  Without a certificate or limited permit; provided that each of the following conditions is met:

         (A)  The regulated article was moved into the quarantined area from an area that was non-quarantined at the time the regulated article was taken;

         (B)  The point of origin is indicated on a waybill accompanying the regulated article;

         (C)  The regulated article is moved through the quarantined area without stopping except for refueling, or for traffic conditions, such as traffic lights or stop signs, or has been stored, packed, or parked in locations inaccessible to any invasive species designated by the department, or in locations that have been treated in accordance with management plans under this part prepared by the department, while in or moving through any quarantined area; and

         (D)  The article has not been combined or commingled with other articles so as to lose its individual identity; or

     (3)  Without a certificate or limited permit; provided that the regulated article is a soil sample being moved to a laboratory approved by the department to process, test, or analyze soil samples.

     (b)  Any treatments shall be in accordance with management plans developed by the department.

     §l50A-    Issuance of a certificate or limited permit.  (a)  An inspector may issue a certificate for the movement of a regulated article approved under a compliance agreement if it determines that the regulated article:

     (1)  Is eligible for unrestricted movement under all other applicable domestic plant quarantine regulations;

     (2)  Is to be moved in compliance with any additional conditions deemed necessary under state law to prevent the spread of any invasive species designated by the department; and

     (3)  Meets at least one of the following criteria:

         (A)  Is free of infestations of any invasive species designated by the department, based on the individual's visual examination of the article;

         (B)  Is grown, produced, manufactured, stored, or handled in a manner that would prevent infestation or would destroy all life stages of any invasive species designated by the department;

         (C)  Is treated in accordance with department management plans developed under this part; or

         (D)  If the article is containerized nursery stock, has been produced in accordance with requirements established under management plans developed under this part.

     (b)  An inspector shall issue blank certificates to a person operating under a compliance agreement in accordance with this part or authorize reproduction of the certificates on shipping containers, or both, as requested by the person operating under the compliance agreement.  These certificates may then be completed and used, as needed, for the movement of regulated articles that have met all of the requirements of subsection (a).

     (c)  An inspector may issue a limited permit for the movement of a regulated article not eligible for a certificate if the inspector determines that the regulated article:

     (1)  Is to be moved to a specified destination for specified handling, utilization, or processing, where the destination and other conditions are listed in the limited permit, and this movement will not result in the spread of invasive species because any invasive species will be destroyed by the specified handling, utilization, or processing; and

     (2)  Is to be moved in compliance with any conditions that the department may impose under this part to prevent the spread of any species designated by the department.

     §150A-    Compliance agreements.  (a)  The department shall develop and implement a comprehensive and effective quarantine program, including the use of compliance agreements patterned after the United States Department of Agriculture's animal plant health inspection service as set forth in title 7 Code of Federal Regulations section 301.81.

     (b)  Any person who grows, handles, or moves regulated articles may enter into a compliance agreement if the person reviews each stipulation of the compliance agreement with an inspector, has facilities and equipment to carry out disinfestation procedures or application of chemical materials in accordance with management plans developed under this part, and meets applicable state training and certification standards.  Any person who enters into a compliance agreement with the department shall agree to comply with this part and any conditions imposed under this part.

     §l50A-    Cancellation of a certificate, limited permit, or compliance agreement.  An inspector may cancel, orally or in writing, any certificate, limited permit, or compliance agreement whenever the inspector determines that the holder of the certificate or limited permit, or the person who has entered into the compliance agreement, has not complied with this part or any conditions imposed under this part.  If the cancellation is oral, the cancellation shall become effective immediately and the cancellation and reasons for the cancellation shall be confirmed in writing as soon as circumstances allow but within twenty days after oral notification of the cancellation.  Any person whose certificate, limited permit, or compliance agreement has been canceled may appeal the decision, in writing, within ten days after receipt of the written cancellation notice.  The appeal shall state all of the facts and reasons the department should consider in deciding the appeal.  A hearing may be held to resolve any conflict as to any material fact.  The department shall adopt rules for the hearing in accordance with chapter 91.  As soon as practicable, the department shall grant or deny the appeal, in writing, stating the reasons for the decision.

     §l50A-    Assembly and inspection of regulated articles.  (a)  Persons requiring certification or other services shall coordinate the services with an inspector at least forty-eight hours before the services are needed.

     (b)  The regulated articles shall be assembled at the place and in the manner the inspector determines is necessary to comply with this part.

     §150A-    Attachment and disposition of certificates and limited permits.  (a)  Any person transporting a regulated article shall ensure that the certificate or limited permit authorizing movement of the regulated article is, at all times during movement, attached to:

     (1)  The outside of the container encasing the regulated article;

     (2)  The article itself, if it is not in a container; or

     (3)  The consignee's copy of the accompanying waybill; provided that any description of the regulated article on the certificate or limited permit, and on the waybill, are sufficient to identify the regulated article.

     (b)  The consignor shall furnish the certificate or limited permit authorizing movement of a regulated article or cause the certificate or limited permit to be furnished to the consignee at the shipment's destination.

     §l50A-    Penalties.  Any person who imports into the State infested articles regulated under this chapter may be subject to a civil penalty not less than $1,000 nor more than $10,000 per incident."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $2,000,000 or so much thereof as may be necessary for fiscal year 2014-2015 for enforcing restrictions on the importation of regulated articles and the establishment of a quarantine program to control the importation of invasive species.

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

     SECTION 4.  This Act shall take effect on July 1, 2014.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Invasive Species; Imported Goods; Civil Liability; Appropriation

 

Description:

Establishes an affirmative responsibility on the consignor of any landscape material or products, agricultural goods, construction materials, equipment, vehicles, soil, or sand to prevent the importation of invasive species into Hawaii.  Appropriates funds to the department of agriculture to enforce restrictions on the importation of invasive species.

 

 

 

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