Read the full stored bill text
HB2119
HOUSE OF REPRESENTATIVES
H.B. NO.
2119
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO COFFEE PEST CONTROL
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
����
SECTION 1.
�
The legislature finds that coffee is one of
the largest agricultural crops in the State and is a highly valued commodity in
Hawaii's economy.
�
In recent years, the
coffee berry borer, a small beetle, has infested coffee crops in the Kona and Kau
regions of Hawaii island, and more recently has been detected on Oahu, Maui,
Kauai, and Lanai.
�
In 2020, coffee leaf
rust, caused by a fungal pathogen, was discovered for the first time in the
State on Maui and Hawaii island.
�
These
two pests threaten the viability of the State's entire coffee industry.
�
Efforts to control coffee berry borer and
coffee leaf rust, including the use of United States Food and Drug
Administration-approved pesticides, are critical to the local coffee industry,
and it is incumbent upon the State to continue to support these efforts.
����
The
legislature further finds that in response to these threats to the industry,
the coffee berry borer pesticide subsidy program was established by Act 105,
Session Laws of Hawaii 2014 (Act 105), to assist Hawaii coffee farmers with
offsetting the cost of pesticides containing the fungus
Beauveria bassiana
,
which is known to control coffee berry borer.
�
Due to a longer-than-anticipated implementation of Act 105, in 2017, the
legislature extended the pesticide subsidy program from its original sunset
date of June 30, 2019, to June 30, 2021, via Act 65, Session Laws of
Hawaii 2017 (Act 65).
�
After continued
programmatic success and the initial discovery of coffee leaf rust in the
islands, in 2021, the legislature extended the pesticide subsidy program for
another two years, adding a subsidy for coffee leaf rust pesticides.
����
As of
December 9, 2022, the department of agriculture had received nine hundred
eighty receipts for reimbursement under the coffee berry borer pesticide
subsidy program, expending a total of $812,319.99 for the mitigation of coffee
berry borer and coffee leaf rust throughout the State.
�
The legislature finds that, as illustrated by
program demand, coffee berry borer and coffee leaf rust continue to pose a
severe threat to the State's coffee industry, and it is incumbent upon the
State to continue supporting farmers' mitigative efforts, including through
reducing the financial burden of having to purchase certain pesticides at
market value.
����
Accordingly,
the purpose of this Act is to temporarily reestablish the pesticide subsidy
program and pesticide subsidy manager position and appropriate funds for the
program.
����
SECTION 2.
�
As used in this Act, "department"
means the department of agriculture and biosecurity.
����
SECTION 3.
�
(a)
�
There
is established a pesticide subsidy program, to be administered by the
department, beginning on July 1, 2026, and ending on June 30, 2028.
�
The department shall grant subsidies to
coffee growers to assist the coffee growers in offsetting the costs of
purchasing any pesticide that is listed by the department pursuant to
subsection (f).
����
(b)
�
Applications for subsidies by coffee growers shall be submitted on a
form furnished by the department and shall be filed with accompanying
documentation of the costs of purchasing the pesticide; provided that:
(1)
�
The
applicant shall indemnify and hold harmless the State and its officers, agents,
and employees from all claims arising out of or resulting from the pesticide
purchased; and
(2)
�
The
department may request that an applicant provide necessary information for the
purposes of verifying the size or sale weight, as applicable, and amount of the
pesticide purchased.
����
(c)
�
Documentation of pesticide costs, as requested by the department, shall
be filed for pesticides purchased within the immediately preceding fiscal year
of filing and shall be effective for pesticide costs incurred after
June 30, 2026, and before July 1, 2028.
����
(d)
�
Funds shall be disbursed upon approval on an annual basis by the
department to the coffee grower for up to seventy-five per cent of the costs
incurred for the purchase of the pesticide for the period beginning July 1, 2026,
through June 30, 2028.
����
(e)
�
The department shall aggregate the total subsidy applications pursuant
to this section and divide and distribute the available subsidy funds on a pro
rata basis; provided that:
����
(1)
�
No single coffee grower shall receive
subsidies that are more than $600 per year
for
coffee berry borer control and more than
$
600 per
year for coffee leaf rust control
per acre of land in coffee production;
and
����
(2)
�
No
single coffee
grower shall receive subsidies that total more than $12,000 per year for the
period after June 30, 2026, and before July 1, 2028.
����
(f)
�
The department shall establish a list of pesticides that are registered
with the United States Environmental Protection Agency and are licensed with
the State that contain
Beauveria bassiana
,
a fungus known to eradicate the coffee berry borer, as an active
ingredient.
�
The
department shall also establish a list of pesticides that are registered with
the United States Environmental Protection Agency; are licensed with the State;
and are contact and systemic fungicides that, when combined, are effective against
coffee leaf rust.
����
(g)
�
No later than twenty days prior to the convening of the regular session
of 2028, the department shall submit a report of its findings and
recommendations, including any proposed legislation, to the legislature on the
results of the subsidy program and whether the program should be allowed to
expire or be extended, and if extended, with or without modification.
����
(h)
�
Actions taken by the department pursuant to this section shall be exempt
from the rulemaking requirements of section 91-3, Hawaii Revised Statutes.
����
SECTION 4.
�
There is established within the department a
pesticide subsidy program manager position, which shall be a full-time,
temporary position exempt from chapters 76 and 89, Hawaii Revised Statutes.
�
The pesticide subsidy program manager shall
possess a requisite level of knowledge and expertise in the area of program
management necessary to carry out the duties of the position.
�
The pesticide subsidy program manager shall:
����
(1)
�
Facilitate the efficient division and
distribution of available subsidy funds under the
pesticide subsidy program
; and
����
(2)
�
Manage the day-to-day coordination for the
pesticide subsidy program.
����
The
pesticide subsidy program manager shall receive a salary of no more than
$50,000 per year.
�
The pesticide subsidy
program manager position, including the position's exemption from chapters 76
and 89, Hawaii Revised Statutes, shall expire on June 30, 2029.
����
SECTION 5.
�
Section 149A-13.5, Hawaii Revised Statutes,
is amended by amending subsections (a) and (b) to read as follows:
����
"(a)
�
There is established within the treasury of
the State, a pesticide use revolving fund.
�
The fund shall be administered by the department for the purposes of
this section.
�
The fund shall consist of:
����
(1)
�
Licensing and
registration fees and charges collected by the department under section
149A-13(b);
����
(2)
�
All fees collected
by the department through the collection of training fees in accordance with
subsection (c);
����
(3)
�
Funds appropriated
for the pesticide subsidy program established under Act [
105,
]
,
Session Laws of Hawaii [
2014;
]
2026;
and
����
(4)
�
All penalties and fines collected by the
department under section 149A-41.
����
(b)
�
Moneys in the pesticide use revolving fund
shall be expended by the department:
����
(1)
�
To support the pesticide program's
registration and licensing, certification and education, and compliance
monitoring activities;
����
(2)
�
To establish pesticide training workshops and
educational programs, including, but not limited to, eradication and control
programs for pests designated in section 141-3, using the best available
technology and best practices in a manner consistent with state and federal
law;
����
(3)
�
To develop integrated pest management
strategies, the pesticide subsidy program created under Act [
105,
]
,
Session Laws of Hawaii [
2014,
]
2026,
and other services for
pesticide users such as the agricultural pest control industry, the structural
pest control industry, and consumer users of pesticides, which provide
pesticide instruction in areas, including but not limited to the collection,
disposal, and recycling of pesticide containers; and
����
(4)
�
For all other pesticide services deemed
necessary by the department.
����
Moneys
from the revolving fund may be used for personnel, services, materials, and
equipment for the purposes of this section.
����
Moneys expended by the department
from the pesticide use revolving fund for training workshops, educational
programs, and other services for the agricultural pest control industry, the
structural pest control industry, and consumer groups shall be expended in a
manner that appropriately addresses the needs of each category of pesticide
user."
����
SECTION 6.
�
There is appropriated out of the general
revenues of the State of Hawaii the sum of $300,000 or so much thereof as may
be necessary for fiscal year 2026-2027
to
be deposited into the pesticide use revolving fund established under section
149A-13.5, Hawaii Revised Statutes
.
����
SECTION 7.
�
There
is appropriated out of the pesticide use revolving fund the sum of $300,000 or
so much thereof as may be necessary for fiscal year 2026-2027 for the operation
and implementation of the pesticide subsidy program.
����
The sum
appropriated shall be expended by the
department of agriculture and biosecurity for the purposes of this Act.
����
SECTION 8.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 9.
�
This Act shall take effect on July 1, 2026;
provided that section 3 shall be repealed on June 30, 2028, and section 4
shall be repealed on June 30, 2029.
INTRODUCED BY:
_____________________________
Report Title:
HDAB;
Coffee Berry Borer; Coffee Leaf Rust; Pesticide Subsidy Program; Appropriation
Description:
Temporarily
reestablishes the Coffee Berry Borer and Coffee Leaf Rust Pesticide Subsidy
Program and the program manager position, including the position's civil
service and collective bargaining laws exemption.
�
Requires the Department of Agriculture and
Biosecurity to report to the Legislature.
�
Appropriates funds for the operation and implementation of the Pesticide
Subsidy Program.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.