Hawaii 2025 Regular Session

Hawaii Senate Bill SB139 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 139 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to invasive species. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 139
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	139
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to invasive species.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that high-impact invasive pests such as little fire ants (LFA) are rapidly spreading across the State, including on Oahu where LFA infestations in neighborhoods have drastically increased in the past few years with more than sixty active sites as of May 2024. The legislature further finds that the university of Hawaii projects, including the Hawaii ant lab and the island-based invasive species-committees (ISCs) provide practical and applied research and extension services to support and fill gaps to meet the goal of protecting the islands and communities from the impacts of particularly harmful invasive species. However, these projects are grant-funded and do not always have sufficient staff and resources to control and eliminate infestations of LFA in neighborhoods on Oahu, Kauai, and Maui, or to support neighborhoods on Hawaii island that wish to carry out control programs. The legislature also finds that authorizing the departments of the Hawaii invasive species council, the counties, and their agents, including the Hawaii ant lab and the ISCs, to develop and supervise community action programs that utilize volunteers who live or work in infested areas to control or eradicate pests like the LFA would be a cost-effective and efficient approach to combat these invasive pests. Accordingly, the purpose of this Act is to authorize the use of community action programs for the control or eradication of certain invasive pests. SECTION 2. Chapter 460J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§460J- Community action programs. (a) Any department of the invasive species council, county, or any agent of a department of the invasive species council or a county, including the Hawaii ant lab or an island-based invasive species committee, may develop and carry out a community action program for any invasive species identified by the invasive species council for control or eradication. (b) A community action program shall: (1) Include training for community action program volunteer participants on the application and use of each non-restricted use pesticide utilized in the program; (2) Include education and outreach to each community where a community action program will be carried out; (3) Ensure appropriate supervision of all volunteers preparing or applying a non-registered pesticide under the program; (4) Ensure that any non-restricted use pesticide used in the program is applied in accordance with its label; and (5) Ensure that any non-restricted use pesticide distributed to owners or occupiers of a property includes the full label for the pesticide. (c) Any individual participating in a community action program shall not be considered a pest control operator. (d) A community action program may utilize volunteers employed by any employer that agrees to make its employees or staff available during their work hours to participate in the community action program. (e) A community action program may contract with, and provide compensation to, a person carrying out education and outreach as required by subsection (b)(2). (f) Any employee or agent of any department of the invasive species council or county, including the Hawaii ant lab or an island-based invasive species committee, and any individual volunteer participating in a community action program shall be liable only for damage caused by acts beyond the scope of the person's authority, or acts resulting from the person's negligence, gross negligence, or intentional misconduct while carrying out a community action program. (g) As used in this section: "Community action program" means a program carried out by a department of the invasive species council, a county, or their agent, including the Hawaii ant lab or an island-based invasive species committee, that utilizes volunteers to distribute or apply non-restricted use pesticides in a particular community or geographic area to control or eradicate an invasive species identified by the invasive species council for control or eradication. "Department of the invasive species council" means each of the state entities that comprise the invasive species council established pursuant to section 194-2, including: (1) The department of agriculture; (2) The department of business, economic development, and tourism; (3) The department of health; (4) The department of land and natural resources; (5) The department of transportation; and (6) The university of Hawaii." SECTION 3. Section 460J-26, Hawaii Revised Statutes, is amended to read as follows: "§460J-26 Exemptions. This chapter shall not apply to: (1) Officials of the federal government on military reservations; (2) Personnel of the United States Department of Agriculture, the state department of agriculture, or state department of land and natural resources, or the United States Public Health Service in the performance of their official duties; (3) Other government employees who conduct research on pesticides or pest control or who use pesticides in the performance of their duties; (4) Qualified scientific personnel specially exempted by the board; (5) Persons engaged in pest control for agricultural purposes; [or] (6) Engineers or architects licensed under chapter 464 who: (A) Draft or prepare design documents that prescribe anti-termite or anti-pest measures, including the specification of termiticides, that are required by the building code and other governmental agencies; (B) Conduct building condition or assessment surveys to observe and evaluate the condition of the building or structure, if the primary purpose of these surveys is not to report on the identification of infestations; or (C) Prepare reports based on the results of the surveys specified in subparagraph (B) that identify the location, extent, and probable cause of the pest damage (e.g., "termite damage"); provided that where a report concerns termite damage, the particular type or species of termite shall not be specified unless the report is written in consultation with a licensed pest control operator licensed in termite control or other duly recognized expert in urban entomology, such as an insect taxonomist or urban entomologist with expertise in the identification or control of termites; and provided further that if a licensed pest control operator is not consulted, the report shall include a recommendation that a licensed pest control operator be contracted for further assessment or treatment[.]; or (7) Individuals participating in a community action program under section 460J- ." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that high-impact invasive pests such as little fire ants (LFA) are rapidly spreading across the State, including on Oahu where LFA infestations in neighborhoods have drastically increased in the past few years with more than sixty active sites as of May 2024.
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51	51	The legislature further finds that the university of Hawaii projects, including the Hawaii ant lab and the island-based invasive species-committees (ISCs) provide practical and applied research and extension services to support and fill gaps to meet the goal of protecting the islands and communities from the impacts of particularly harmful invasive species. However, these projects are grant-funded and do not always have sufficient staff and resources to control and eliminate infestations of LFA in neighborhoods on Oahu, Kauai, and Maui, or to support neighborhoods on Hawaii island that wish to carry out control programs.
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53	53	The legislature also finds that authorizing the departments of the Hawaii invasive species council, the counties, and their agents, including the Hawaii ant lab and the ISCs, to develop and supervise community action programs that utilize volunteers who live or work in infested areas to control or eradicate pests like the LFA would be a cost-effective and efficient approach to combat these invasive pests.
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55	55	Accordingly, the purpose of this Act is to authorize the use of community action programs for the control or eradication of certain invasive pests.
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57	57	SECTION 2. Chapter 460J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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59	59	"§460J- Community action programs. (a) Any department of the invasive species council, county, or any agent of a department of the invasive species council or a county, including the Hawaii ant lab or an island-based invasive species committee, may develop and carry out a community action program for any invasive species identified by the invasive species council for control or eradication.
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61	61	(b) A community action program shall:
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63	63	(1) Include training for community action program volunteer participants on the application and use of each non-restricted use pesticide utilized in the program;
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65	65	(2) Include education and outreach to each community where a community action program will be carried out;
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67	67	(3) Ensure appropriate supervision of all volunteers preparing or applying a non-registered pesticide under the program;
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69	69	(4) Ensure that any non-restricted use pesticide used in the program is applied in accordance with its label; and
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71	71	(5) Ensure that any non-restricted use pesticide distributed to owners or occupiers of a property includes the full label for the pesticide.
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73	73	(c) Any individual participating in a community action program shall not be considered a pest control operator.
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75	75	(d) A community action program may utilize volunteers employed by any employer that agrees to make its employees or staff available during their work hours to participate in the community action program.
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77	77	(e) A community action program may contract with, and provide compensation to, a person carrying out education and outreach as required by subsection (b)(2).
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79	79	(f) Any employee or agent of any department of the invasive species council or county, including the Hawaii ant lab or an island-based invasive species committee, and any individual volunteer participating in a community action program shall be liable only for damage caused by acts beyond the scope of the person's authority, or acts resulting from the person's negligence, gross negligence, or intentional misconduct while carrying out a community action program.
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81	81	(g) As used in this section:
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83	83	"Community action program" means a program carried out by a department of the invasive species council, a county, or their agent, including the Hawaii ant lab or an island-based invasive species committee, that utilizes volunteers to distribute or apply non-restricted use pesticides in a particular community or geographic area to control or eradicate an invasive species identified by the invasive species council for control or eradication.
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85	85	"Department of the invasive species council" means each of the state entities that comprise the invasive species council established pursuant to section 194-2, including:
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87	87	(1) The department of agriculture;
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89	89	(2) The department of business, economic development, and tourism;
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91	91	(3) The department of health;
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93	93	(4) The department of land and natural resources;
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95	95	(5) The department of transportation; and
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97	97	(6) The university of Hawaii."
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99	99	SECTION 3. Section 460J-26, Hawaii Revised Statutes, is amended to read as follows:
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101	101	"§460J-26 Exemptions. This chapter shall not apply to:
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103	103	(1) Officials of the federal government on military reservations;
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105	105	(2) Personnel of the United States Department of Agriculture, the state department of agriculture, or state department of land and natural resources, or the United States Public Health Service in the performance of their official duties;
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107	107	(3) Other government employees who conduct research on pesticides or pest control or who use pesticides in the performance of their duties;
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109	109	(4) Qualified scientific personnel specially exempted by the board;
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111	111	(5) Persons engaged in pest control for agricultural purposes; [or]
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113	113	(6) Engineers or architects licensed under chapter 464 who:
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115	115	(A) Draft or prepare design documents that prescribe anti-termite or anti-pest measures, including the specification of termiticides, that are required by the building code and other governmental agencies;
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117	117	(B) Conduct building condition or assessment surveys to observe and evaluate the condition of the building or structure, if the primary purpose of these surveys is not to report on the identification of infestations; or
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119	119	(C) Prepare reports based on the results of the surveys specified in subparagraph (B) that identify the location, extent, and probable cause of the pest damage (e.g., "termite damage"); provided that where a report concerns termite damage, the particular type or species of termite shall not be specified unless the report is written in consultation with a licensed pest control operator licensed in termite control or other duly recognized expert in urban entomology, such as an insect taxonomist or urban entomologist with expertise in the identification or control of termites; and provided further that if a licensed pest control operator is not consulted, the report shall include a recommendation that a licensed pest control operator be contracted for further assessment or treatment[.]; or
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121	121	(7) Individuals participating in a community action program under section 460J- ."
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123	123	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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125	125	SECTION 5. This Act shall take effect upon its approval.
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129	129	INTRODUCED BY: _____________________________
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131	131	INTRODUCED BY:
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133	133	_____________________________
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139	139	Report Title: Community Action Programs; Invasive Species; Little Fire Ants; Hawaii Ant Lab Description: Authorizes any department of the Invasive Species Council, county, or any agent of a department of the Invasive Species Council or a county, including the Hawaii Ant Lab or an island-based invasive species committee to use community action programs for the control or eradication of certain invasive pests. Defines community action program. Exempts individuals participating in a community action program from pest control operator requirements and regulations. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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147	147	Report Title:
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149	149	Community Action Programs; Invasive Species; Little Fire Ants; Hawaii Ant Lab
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153	153	Description:
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155	155	Authorizes any department of the Invasive Species Council, county, or any agent of a department of the Invasive Species Council or a county, including the Hawaii Ant Lab or an island-based invasive species committee to use community action programs for the control or eradication of certain invasive pests. Defines community action program. Exempts individuals participating in a community action program from pest control operator requirements and regulations.
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163	163	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.