RELATING TO THE HAWAII INVASIVE SPECIES COUNCIL.

SB2488

THE SENATE

S.B. NO.

2488

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to the Hawaii invasive species council
.

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

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SECTION
1
.
�
The legislature finds that the
Hawaii invasive species council was first established by executive order no. 02‑03
(2002) and formally codified by Act 85, Session Laws of Hawaii 2003, to foster
and organize coordinated approaches among various executive departments,
federal agencies, and international and local initiatives for the prevention
and control of invasive species.

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The
legislature further finds that the council's work is critical to coordinating, supporting,
and extending the capacities of state agencies to prevent and control invasive
species through cross-agency programs.
�

These programs perform vital functions, including monitoring for pests
around ports of entry, expanding public pest reporting to provide an online
pest report option, providing predictive risk assessments on thousands of
potentially invasive plant species, and facilitating a competitive grant process
to fund projects that further extend capacities and research.

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The
legislature recognizes that the staff of the Hawaii invasive species council,
guided by the council itself, coordinate and manage these important programs to
prevent and control invasive species.
�

The staff is presently comprised of one full-time natural resource
management specialist, serving as program manager, five full-time contracted
staff members, and one part-time student hire.

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The
legislature notes that, at the council's September 2025 meeting, the council
considered the current staff positions and the administrative transfer of these
positions and functions from the department of land and natural resources to
the department of agriculture and biosecurity pursuant to Act 236, Session Laws
of Hawaii 2025.
�
Following discussion,
the council unanimously approved a request to pursue a new organizational
structure for the council's support staff, including requesting that the
legislature establish an executive director position.

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The
legislature further finds that to facilitate the efficient administrative
transfer of the council, prevent interruptions to council programs, and ensure
that the council continues to function as an independent, cabinet-level
coordinating council, the council's request to establish an executive director
position is warranted.
�

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The
legislature additionally notes that an important duty of the council is to
suggest appropriate legislation to improve the State's administration of
invasive species programs and policies.
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Through this feedback, the council's statutory powers and duties can be appropriately
amended to improve outcomes.
�

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Accordingly,
the purpose of this Act is to:

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(1)
�
Establish the position of the Hawaii
invasive species council executive director;

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(2)
�
Transfer the council's funding for the 2026-2027
fiscal year to the department of land and natural resources in accordance with
its current administration; and

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(3)
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Require a report to the legislature.

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SECTION

2
.
�
Section 194-2,
Hawaii Revised Statutes, is amended to read as follows:

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"
�194-2
�

[
[
]Establishment of
council; duties.[
]
]
�

(a)
�
There is established the
invasive species council 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 council shall:

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

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

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

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(4)
�
After consulting with appropriate state agencies,
create and implement a 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;

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(5)
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Coordinate and promote the State's position with
respect to federal issues, including:

���������
(A)
�
Quarantine
preemption;

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(B)
�
International
trade agreements that ignore the problem of invasive species in Hawaii;

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(C)
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First
class mail inspection prohibition;

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(D)
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Whether
quarantine of domestic pests arriving from the [
mainland
]
continental
United States
should be provided by the federal government;

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(E)
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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;

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(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

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

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

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(7)
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Designate the department of agriculture and
biosecurity, health, or land and natural resources as the lead agency for each
function of invasive species control, including prevention, rapid response,
eradication, enforcement, and education;

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

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

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

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

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(12)
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Include and 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;

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

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

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

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(16)
�
Incorporate and expand upon the department of
agriculture and biosecurity's weed risk assessment protocol to the extent
appropriate for the council's invasive species control and eradication efforts;
and

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(17)
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Perform any other function necessary to
effectuate the purposes of this chapter.

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(b)
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The council shall be placed within the
department of land and natural resources for administrative purposes only and
shall be composed of:

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(1)
�
The president of the [
University
]

university
of Hawaii, or the president's designated representative;

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

���������
(A)
�
Business, economic development, and
tourism;

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(B)
�
Health; and

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(C)
�
Transportation; and

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

���������
(A)
�
Agriculture and biosecurity; and

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(B)
�
Land and natural resources.

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(c)
�
Representatives of federal agencies, the
legislature, and members of the private sector shall be asked to participate or
consulted for advice and assistance.
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Representatives of the legislature shall consist of eight members, as
follows:

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

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

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(d)
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The council shall appoint an executive
director who shall be exempt from chapter 76.
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The salary of the executive director shall be set by the council and
shall not be less than the salary of the forestry and wildlife manager of the
Oahu branch of the division of forestry and wildlife of the department of land
and natural resources.
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The executive
director shall:

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(1)
�
Be a person with:

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(A)
�
Appropriate education and training
in the field of biosecurity and invasive species prevention and control; and

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(B)
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Experience in managing and
coordinating biosecurity and invasive species prevention, control, and outreach
programs;

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(2)
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Serve as the council's chief
executive officer;

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(3)
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Be responsible for carrying out the
purposes and duties of the council, as assigned;

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(4)
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Serve on a full-time basis; and

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(5)
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Be included in any benefit program
generally applicable to the officers and employees of the State.

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[
(d)
]

(e)
�
The council 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.
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Notwithstanding any law to the contrary:

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(1)
�
A simple majority of voting members of
the council shall constitute a quorum to do business; and

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(2)
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Any action taken by the council shall
be by a simple majority of the voting members.

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[
(e)
]

(f)
�
The council shall submit a
report of its activities to the governor and legislature annually."

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SECTION

3
.
�
Act 236,
Session Laws of Hawaii 2025, is amended by amending section 42 to read as
follows:

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"
SECTION
42.
�
There is appropriated out of the
general revenues of the State of Hawaii the sum of $4,250,000 or so much
thereof as may be necessary for fiscal year 2026-2027 for the operations of the
Hawaii invasive species council.

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The
sum appropriated shall be expended by the department of [
agriculture and
biosecurity
]
land and natural resources
for the purposes of this
Act."

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SECTION
4.
�
The Hawaii invasive species council
shall submit a report of its findings and recommendations, including any
proposed legislation, to the legislature no later than December 1, 2026 that
shall include recommendations for proposed legislation to:

����
(1)
�
Improve the State's administration of
invasive species programs and policies; and

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(2)
�
Ensure the responsibilities and duties
of the council continue to efficiently and effectively promote the prevention
and control of invasive species in the State.

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SECTION

5
.
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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

6
.
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This Act shall
take effect on July 1, 2026.

INTRODUCED BY:

_____________________________

Report Title:

DLNR; DAB;
HISC; Executive Director; Appropriation; Report

Description:

Establishes
the position of the Hawaii Invasive Species Council Executive Director.
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Appropriates funds to the Department of Land
and Natural Resources, rather than the Department of Agriculture and
Biosecurity, for the HISC for fiscal year 2026‑2027.
�
Requires a report to the Legislature.

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not legislation or evidence of legislative intent.