STAND. COM. REP. NO.387-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2190

H.D. 1




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committees on Energy and Environmental Protection and Transportation, to which was referred H.B. No. 2190 entitled:


beg leave to report as follows:

The purpose of this bill is to increase the effectiveness of controlling the invasion of harmful alien pests into Hawaii by:

(1) Making invasive species control programs the first priority for the disbursement of conveyance taxes paid into the Natural Area Reserve Fund; and

(2) Requiring that one percent of the annual airport landing fees and port entry, wharfage, and demurrage fees collected by the Department of Transportation be used for invasive species control and prevention pursuant to legislative budget proviso.

The Sierra Club, Hawaii Chapter, and a concerned citizen submitted testimony in support of the bill. The Department of Land and Natural Resources and the Nature Conservancy of Hawaii supported the intent of the measure. The Tax Foundation of Hawaii commented on the bill. The Department of Transportation and Matson Navigation Company opposed the measure.

Your Committees find that the invasion of alien pests in Hawaii is very costly, far reaching in its consequences and aggravated by funding issues relating to the control and prevention of alien pests in Hawaii. A more comprehensive, strategic, and long-term approach to this serious problem is warranted. Accordingly, your Committees have amended this measure by deleting its substance and inserting provisions to:

(1) Establish a 13-member Pest Species Task Force (Task Force) consisting of scientists, representatives from air and marine common carriers, and representatives, from the agricultural, horticultural, and aquacultural industries;

(2) Require the Task Force to develop and implement a program of preventative measures to reduce the introduction of pest species through aircraft or vessels;

(3) Require the Department of Agriculture (DOA), to the extent permitted by federal law, to levy for pest species inspection, quarantine, and eradication facilities an $85 and $200 service charge on air and marine carriers, respectively, from a port of departure where prohibited or restricted pest species may originate or transit; provided that the Task Force has developed the preventative measures program;

(4) Establish under the DOA the Pest Species Inspection, Quarantine, and Eradication Fund:

(A) For deposit of air and marine common carrier levies, legislative appropriations, inspection and certification fees, fines, and federal funds; and

B) For the operation of inspection and monitoring facilities and the execution emergency remedial measures.

Other technical, nonsubstantive amendments were also made for purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Energy and Environmental Protection and Transportation that are attached to this report, your Committees are in accord with with the intent and purpose of H.B. No. 2190, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2190, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committees on Energy and Environmental Protection and Transportation,