RELATING TO BIOSECURITY.

SB2717

THE SENATE

S.B. NO.

2717

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to biosecurity
.

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 Act 236, Session Laws of Hawaii 2025 (Act 236), authorizes
the department of agriculture and biosecurity to enter into government-industry
agreements, which are a critical component in the protection of the State's
agriculture, people, economy, unique biodiversity, and environment from
invasive species.
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The objective of government-industry
agreements is to increase collaboration between private industries and the
government by formalizing commitments to bolster the biosecurity network, increase
capacity in the response to current pests, and enhance capability and readiness
in response to future pests.
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The
department of agriculture and biosecurity is required to provide education and
training, supplies and equipment, and pest management programs to equip private
industries that are signatories to the agreements in the decision-making
process.
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These signatory private
industries are then required to provide manpower, treatment equipment,
surveillance, and response readiness.

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However, the legislature further finds
that, after the department of agriculture and biosecurity began discussions
with private industry parties about the government-industry agreements, it
became apparent that Act 236 should be refined to address certain issues.
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Accordingly, the purpose of this Act is to:

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(1)
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Rename
the agreements to biosecurity government-industry agreements to prevent
confusion with a program with similar initials;

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(2)
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Protect
private industries from liability when performing response and readiness
activities described under the biosecurity government-industry agreements; and

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(3)
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Create
a working group of private industry signatories for joint decision-making.

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SECTION
2
.
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Section 150A-58, Hawaii Revised Statutes, is
amended to read as follows:

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"
[
[
]
�150A-58[
]
�
Government-industry
]
Biosecurity
government-industry
agreements for readiness and response.
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(a)
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The department may enter into
readiness
and response agreements
with businesses and representatives of
businesses in the plant and animal industries of the State, including
businesses that grow, harvest, or produce animals and plants or products from
animals and plants.

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(b)
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The agreements shall include:

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(1)
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Readiness
activities that:

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(A)
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Prevent
unwanted organisms from entering the State; and

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(B)
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Detect
unwanted organisms; and

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(2)
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Response
activities that:

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(A)
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Facilitate
the immediate investigation of an unwanted organism after detection, including
timely reporting of the unwanted organism's detection to the department;

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(B)
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Minimize
the impact of the unwanted organism on natural and physical resources, human
health, and overseas market access for Hawaii products;

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(C)
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Control
the spread of an unwanted organism;

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(D)
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Reduce
the geographical distribution of an unwanted organism;

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(E)
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Eradicate
the unwanted organism; and

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(F)
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Include
providing the department with relevant information for posting to the pest
dashboard pursuant to section 141-3.5.

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(c)
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A
violation of an applicable readiness plan
shall be subject to penalties under section 150A-14
.

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(d)
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In no case shall a member of an industry that is a party to a
biosecurity government-industry agreement be liable for costs arising from the
performance of activities pursuant to this section.

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(e)
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The department shall establish a working group comprising members or
representatives of private industry signatories to any biosecurity
government-industry agreement, for joint decision-making pursuant to this section.
"

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SECTION 3.
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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 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DAB; Biosecurity Government-Industry Agreements;
Liability; Costs; Working Group

Description:

Amends
section 150A-58, Hawaii Revised Statute, to clarify that signatory industries to
a biosecurity government-industry agreement shall not be liable for costs
related to performing activities pursuant to the agreement.
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Requires the Department of Agriculture and
Biosecurity to establish a working group that comprises signatories of the biosecurity
government-industry agreements for joint-decision making.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.