RELATING TO INVASIVE SPECIES.

SB139

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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SECTION 1.
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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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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.
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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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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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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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SECTION 2.
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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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�460J-
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Community
action programs.
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(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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(b)
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A community action program shall:

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(1)
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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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(2)
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Include
education and outreach to each community where a community action program will
be carried out;

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(3)
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Ensure
appropriate supervision of all volunteers preparing or applying a
non-registered pesticide under the program;

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(4)
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Ensure
that any non-restricted use pesticide used in the program is applied in
accordance with its label; and

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(5)
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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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(c)
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Any individual participating in a community action program shall not be
considered a pest control operator.

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(d)
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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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(e)
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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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(f)
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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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(g)
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As used in this section:

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"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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"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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(1)
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The
department of agriculture;

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(2)
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The
department of business, economic development, and tourism;

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(3)
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The
department of health;

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(4)
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The
department of land and natural resources;

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(5)
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The
department of transportation; and

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(6)
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The
university of Hawaii.
"

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SECTION
3
.
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Section 460J-26, Hawaii Revised Statutes, is
amended to read as follows:

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�460J-26
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Exemptions.
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This chapter shall not apply to:

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(1)
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Officials
of the federal government on military reservations;

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(2)
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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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(3)
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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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(4)
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Qualified
scientific personnel specially exempted by the board;

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(5)
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Persons
engaged in pest control for agricultural purposes; [
or
]

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(6)
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Engineers
or architects licensed under chapter 464 who:

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(A)
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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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(B)
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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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(C)
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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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(7)
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Individuals
participating in a community action program under section 460J- .
"

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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

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.
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Defines community action program.
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Exempts
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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.