STAND. COM. REP. NO.  1194


Honolulu, Hawaii

                , 2015


RE:   S.B. No. 1059

      S.D. 2

      H.D. 1





Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii




     Your Committee on Agriculture, to which was referred S.B. No. 1059, S.D. 2, entitled:




begs leave to report as follows:


     The purpose of this measure is to reduce the interisland or intraisland movement of invasive pests by:


(1)  Subjecting regulated pests and articles being transported interisland or intraisland to inspection, treatment, restrictions, and, if necessary and appropriate, destruction by the Department of Agriculture;


(2)  Prohibiting the transportation of any pest or article that is diseased or infested with insects or any pest;


(3)  Authorizing the Department of Agriculture to quarantine an area that is infested with a designated pest;


(4)  Allowing the interisland or intraisland transportation of articles from a quarantined area if the consignor and consignee are participants in the Department of Agriculture's Compliance Agreement Program; and


(5)  Establishing penalties and employer liability for violations of the laws relating to interisland or intraisland transportation of regulated pests and articles and quarantined areas.  


     The Department of Land and Natural Resources, Hawaii Invasive Species Council, Office of Environmental Quality Control, and Coordinating Group on Alien Pest Species supported this measure.  The Nature Conservancy and Hawaii Farm Bureau Federation supported the intent of this measure.  The Department of Agriculture supported this measure with an amendment.  The Hawaii Floriculture and Nursery Association, Orchid Growers of Hawaii, and five concerned individuals opposed this measure.


     Your Committee has amended this measure by deleting its provisions and substituting therefor, the provisions of H.B. No. 1050 that, among other things:


     (1)  Requires the Department of Agriculture (DOA) and the Hawaii Invasive Species Council (HISC) through existing contracts and appropriated funds for invasive species activities to:


          (A)  Undertake specified invasive species management related to agricultural lands and agricultural and non-agricultural commodities, including developing an interisland and export tracking database; providing risk level assessments for the interisland transport of non-agricultural commodities; increasing priority inspection for the interisland transport of agricultural commodities; developing and coordinating interisland quarantine activities; implementing statewide pest management programs for potted plants, cut-flowers, and cut-foliage production; and providing chemicals and equipment to assist growers in reducing infestation in agricultural areas, statewide; and


          (B)  Undertake specified invasive species management on non-agricultural lands, including reducing infestation levels near or adjacent to Hilo Harbor, Hilo International Airport, and agricultural production areas in the County of Hawaii; and creating buffer areas between conservation lands and agricultural production areas in the County of Hawaii to prevent re-infestation of invasive species;


     (2)  Requires DOA and HISC to each submit annual reports to the Legislature beginning with the 2016 Regular Session;


     (3)  Appropriates funds for the foregoing tasks; and


     (4)  Has an effective date of July 1, 2015.


     Technical, nonsubstantive amendments were made for style, clarity, and consistency.


     As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1059, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1059, S.D. 2, H.D. 1, and be referred to the Committee on Finance.


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