Bill Text: HI HB2270 | 2016 | Regular Session | Introduced

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Bill Title: Invasive Species Authority; Establishment and Appropriation ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-02-18 - The committee(s) on AGR recommend(s) that the measure be deferred. [HB2270 Detail]

Download: Hawaii-2016-HB2270-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	2270
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO INVASIVE SPECIES PROGRAM ADMINISTRATION.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     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.

     In 2014 a resolution supporting the Aloha+ Challenge was adopted by the legislature, the governor, the mayors of the counties, and the office of hawaiian affairs.  The Aloha+ Challenge identifies six targets that the State has committed to achieve by 2030.  Invasive species directly impact the State's ability to achieve several of these targets, including the doubling of local food production and the reversal of natural resource loss mauka to makai.  Enhanced coordination of invasive species programs will substantially increase the State's ability to meet these commitments.  Increasing the efficacy of the State's invasive species programs will position Hawaii as a global leader on this issue as the International Union for the Conservation of Nature prepares to hold its World Conservation Congress in Hawaii in September 2016.

     A 2002 legislative reference bureau study titled, "Filling the Gaps in the Fight Against Invasive Species," described the invasive species problem in Hawaii as a multiagency issue that does not fit within the mandates of any one department.  The study recommended a model for establishing interagency coordination for invasive species, including a staffed coordinating entity directed by an interagency board, supported by a dedicated revenue source.  In 2003, the legislature created the Hawaii invasive species council, an interagency board mandated to provide policy-level direction and coordination on invasive species issues, co-chaired by the department of land and natural resources and the department of agriculture.  The authorizing legislation for the council did not create staff positions or a revenue source.  The council is administered by staff within the department of land and natural resources and has received varying special and general fund appropriations over the past ten years.

     The Hawaii invasive species council has achieved a number of successes in the past decade, including position statements, interagency planning efforts, and the administration of an interagency grants program that supports projects that attempt to fill gaps between agency mandates and provide new research on invasive species issues.  Despite these successes, mitigation of invasive species threats and impacts often remains fragmented between agencies and is insufficiently enabled by a lack of support for interagency data collection and management, public pest reporting, interagency response coordination, and statewide public outreach.  Further, the need for financial support for interagency projects supported by the council's grants program has exceeded the amount of funding appropriated.

     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 interagency invasive species and biosecurity efforts including data collection and management, support for rapid response to pests, and public resources for pest reporting and outreach.

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

"CHAPTER

INVASIVE SPECIES AUTHORITY

     §   -1  Administration of chapter.  Notwithstanding section 26-35, Hawaii Revised Statutes, the Hawaii invasive species authority and the department of agriculture 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 policies and procedures utilized to minimize threats and mitigate impacts from invasive species, including prevention, early detection, rapid response, control, enforcement, and outreach.

     "Department" means any entity that is a member of the authority.

     "Invasive species" means a species that was introduced to Hawaii by humans or human activity 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 harmful invasive species infestations throughout the State and for preventing the introduction of other invasive species that may be potentially harmful.  The authority shall:

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

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

     (3)  Identify and prioritize each lead agency's   organizational and resource shortfalls with respect to invasive species;

     (4)  After consulting with appropriate state agencies, create and in coordination with the various agencies implement an interagency biosecurity plan that includes the prevention, early detection, rapid response, control, enforcement, and education of the public with respect to invasive species, as well as fashion a mission statement articulating the State's position against invasive species; provided that the appropriate state agencies shall collaborate with the counties and communities to develop and implement a systematic approach to reduce and control coqui frog infestations on public lands that are near or adjacent to communities, and shall provide annual reports on the progress made in achieving this objective;

     (5)  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;

          (C)  First class mail inspection prohibition;

         (D)  Whether quarantine of domestic pests arriving from the mainland should be provided by the federal government;

         (E)  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;

         (F)  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

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

     (6)  Identify and record all invasive species present in the State;

     (7)  Serve as a multiagency coordinating system for interagency emergency responses to invasive species and, for a given response, designate a department as the lead agency for each function of invasive species control, including prevention, rapid response, eradication, enforcement, and education;

     (8)  Identify all state, federal, and other moneys expended for the purposes of the invasive species problem in the State;

     (9)  Identify all federal and private funds available to the State to fight invasive species and advise and assist state departments to acquire these funds;

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

    (11)  Provide annual reports on budgetary and other related issues to the legislature twenty days prior to each regular session;

    (12)  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;

    (13)  Review state agency mandates and commercial interests that may result in the maintenance of potentially destructive alien species as resources for sport hunting, aesthetic resources, or other values;

    (14)  Review the structure of fines and penalties to ensure maximum deterrence for invasive species-related crimes;

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

    (16)  Incorporate and expand upon the Hawaii-Pacific weed risk assessment protocol to the extent appropriate for the authority's invasive species control and eradication efforts;

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

    (18)  Develop and implement an online resource for public reporting of invasive species and for the sharing of information relating to invasive species detections and responses among state departments;

    (19)  Implement an interagency grants program in each fiscal year to support projects that address gaps between agency mandates or support research related to invasive species; and

    (20)  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 designated representative;

     (2)  The director, or the director's designated representative, of each of the following departments:

         (A)  Business, economic development, and tourism;

         (B)  Health; and

         (C)  Transportation; and

     (3)  The chairperson, or the chairperson's designated representative, of the executive boards of each of the following departments:

         (A)  Agriculture; and

         (B)  Land and natural resources; and

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

         (A)  A representative of the University of Hawaii's invasive species committees, from a list provided by the Pacific cooperative studies unit at the University of Hawaii;

         (B)  A representative of the agricultural or nursery industry;

         (C)  An individual with expertise in both conservation and native Hawaiian cultural practices.

     (c)  The chairpersons of the board of land and natural resources and the board of agriculture shall act as co-chairpersons of the authority notwithstanding section 26-35.

     (d)  The members of the authority other than ex officio members or their designated representatives 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)  The authority, without regard to the requirements of chapter 76, may hire employees necessary to perform its duties. 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.

     (f)  Representatives of federal agencies, the legislature, and members of the private sector shall be asked to participate or be consulted for advice and assistance.  Representatives of the legislature are not members of the board and their presence does not contribute toward quorum.  Representatives of the legislature shall consist of eight legislative members, as follows:

     (1)  Four senators, one from each county, to be selected by the senate president; and

     (2)  Four representatives, one from each county, to be selected by the speaker of the house of representatives.

     (g)  The authority shall meet no less than twice annually to discuss and assess progress and recommend changes to the invasive species programs based on results of current risk assessments, performance standards, and other relevant data.  Notwithstanding any law to the contrary:

     (h)  The authority shall submit a report of its activities to the governor and legislature annually.

     §   -4  Lead agencies; accountability.  A state department that is designated as a lead agency for a particular interagency response effort under section    -3(a)(7), 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.

     §   -9  Invasive species list amendment.  Without regard to the notice and public hearing requirements of chapter 91, the authority may adopt rules to make additions to or deletions from the list designating invasive species required to be maintained in section    -3(a)(6); provided that the authority shall adopt rules pursuant to chapter 91 to establish methods to obtain public input and notify the public of additions to or deletions from the invasive species list required under    -3(a)(6).

     §   -10  Invasive species authority special fund; established.  (a)  There is created in the state treasury a special fund to be designated as the invasive species authority special fund to be administered by the department of agriculture.  Moneys deposited into this special fund shall be used to fulfill the purposes of this chapter and shall include:

     (1)  Any moneys appropriated by the legislature to the special fund;

     (2)  Any moneys received from grants, donations, or the proceeds from contributions; and

     (3)  The interest or return on investments earned from moneys in the special fund.

     (b)  The authority may use moneys in the special fund to carry out the purposes of this chapter, including hiring employees, specialists, and consultants necessary to complete projects related to the purposes of this chapter.

     (c)  Moneys deposited into or appropriated to the special fund shall remain available until they are obligated or until the special fund is terminated.

     (d)  If the special fund is terminated, all funds shall be transferred to the general fund; provided that all unexpended or unencumbered balances shall be disbursed in accordance with any requirements set by funding sources and for purposes consistent with this chapter.

     (e)  The authority shall include, as part of its annual report to the legislature described in section    -3 (a)(11), the total number of and amount of grants, donations, and contributions received and balances remaining on June 30 of each year."

     SECTION 3.  Chapter 194, Hawaii Revised Statutes, is repealed.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $900,000 or so much thereof as may be necessary for fiscal year 2016-2017, to be deposited into the invasive species authority special fund for positions and other operating expenditures of the invasive species authority.

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

     SECTION 5.  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 2016-2017, to be deposited into the invasive species authority special fund for interagency projects and research related to invasive species, as directed by the invasive species authority.

     The sum appropriated shall be expended by the department of agriculture for the purposes of this Act, provided that portions of this appropriation may be transferred to other state departments to implement the directions of the invasive species authority.

     SECTION 6.  This Act, upon its approval, shall take effect on July 1, 2016.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Invasive Species Authority; Establishment and Appropriation

 

Description:

Restructures the Hawaii Invasive Species Council as the Hawaii Invasive Species Authority, attached administratively to the Department of Agriculture, for the enhancement of the State's invasive species prevention, early detection, rapid response, control, enforcement, and outreach programs.  Establishes the Hawaii Invasive Species Authority Special Fund and appropriates moneys to that fund to implement the Authority and relevant invasive species projects.

 

 

 

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