RELATING TO BIOSECURITY.

SB2885

THE SENATE

S.B. NO.

2885

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 the coconut rhinoceros beetle (CRB) is one of the
State's fastest growing invasive threats, capable of causing hundreds of
millions of dollars in damage to palms, agriculture, and culturally important
landscapes.
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Although adult CRB visibly
damage palm crowns, eighty to ninety per cent of the CRB life cycle occurs
hidden inside mulch and green waste piles, where larvae develop undetected for
four to six months before emerging as new adults.
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These piles, not the palms, are the true
drivers of population growth.

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Increasing CRB populations bring
significant economic and budgetary risks for the State.
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CRB-related economic losses are estimated to
reach $500 million to $1 billion over the next decade, with agricultural
impacts alone projected at $169 million annually by 2040 if spread reaches
additional islands and agricultural regions.
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However, these figures do not capture indirect
cultural, environmental, or tourism-related impacts associated with the loss of
mature palms and native species, but illustrate that CRB management is not only
an ecological issue, but also a significant fiscal consideration.

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The legislature also finds that beyond
financial costs, CRB threatens coastal resilience, traditional practices,
community aesthetics, and the State's tourism economy.
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Despite these risks, Hawaii currently lacks
consistent, statewide standards for how mulch and green waste are stored,
treated, processed, or moved, leaving large breeding sites unmanaged in both
residential areas and high-volume commercial operations.
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Existing movement rules reduce the spread
between districts but do nothing to reduce CRB populations where they are
already established.

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The legislature further finds that while
coconut palms are the primary host, other culturally and agriculturally
important affected plants include date palms, hala, banana, sugarcane, and
kalo.
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Because CRB spend most of their
lives (four to six months) inside decomposing plant material, breeding sites
are the foundation of local population growth.
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Adult activity in palm crowns represents only
a small fraction of the total life cycle.

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Current CRB management tools generally
include some combination of palm protection, breeding-site reduction, and
movement controls.
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Palm-focused
treatment include trunk and root injections of systemic insecticides that can
protect palms for several months, and crown sprays and fungicide treatments via
drone application help maintain palm vigor and reduce secondary decline.
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These approaches protect individual trees but
do not address the source of new CRB.
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Breeding-site management of mulch and green
waste includes heat-based or mechanical "kill treatments" such as
thermophilic composting, pile turning or processing that reliably generates
lethal core temperatures, steam treatments, or other high-heat methods; and other
strategies that can be effective, low-cost management option for smaller piles.

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Because larvae require several months to
develop, treating green waste at least every four months interrupts the life
cycle before adult emergence.

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The legislature also finds that certain
existing regulations in the State do restrict the movement of certain high-risk
plant materials.
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However, these regulations
apply only to specific species or pathways and do not comprehensively regulate
the movement of untreated green waste or mulch.
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As a result, current movement controls operate
as a loose, patchwork system, which reduces some pest-spread risk but leave
significant gaps that allow untreated mulch and green waste to move between
infested and non-infested areas, including inter-island transport.

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The legislature also finds that because
more than ninety per cent of the CRB life cycle occurs inside undisturbed mulch
and green waste piles, establishing consistent, enforceable, science-based
standards for residential and commercial mulch and green waste handling
provides an opportunity to reduce CRB populations significantly and effectively
at their source.

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Accordingly, the purpose of this Act is to
establish mandatory, enforceable standards for the handling, storage,
treatment, and movement of mulch and green waste materials in coconut
rhinoceros beetle infested zones, both residential and commercial, to ensure
early intervention at CRB breeding sites, reduce CRB reinfestation risk, and
support statewide biosecurity resilience.

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SECTION 2.
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Chapter 150A, Hawaii Revised Statutes, is amended by adding a new
section to be appropriately designated and to read as follows:

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"
�150A-
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Residential
and commercial mulch and green waste materials; coconut rhinoceros beetle; mandatory
handling and treatment standards.
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(a)
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All
contractors, commercial operators, counties, and facilities that generate,
store, transport, sell, or distribute mulch or green waste shall be required to
neutralize coconut rhinoceros beetle breeding material using one of the
following two methods:

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(1)
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Mechanical
turning and spreading;

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(A)
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Piles shall be fully turned,
aerated, and broken down not less than once every sixty calendar days; and

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(B)
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Material shall be spread or reworked in a
manner that prevents long-term cool core development; or

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(2)
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Verified heat treatment with documented
treatment readings and dates to be retained for inspection;

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(A)
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Material shall be subjected to thermophilic
composting, steam treatment; or

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(B)
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Any equivalent heat-based kill treatment
capable of achieving:

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(i)
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A minimum internal temperature of one hundred thirty-one degrees
Fahrenheit or fifty-five degrees Celsius for not less than three consecutive
days; or

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(ii)
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A scientifically validated equivalent lethal exposure approved
by the department.

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(b)
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No residential property owner or occupant shall create, maintain, store,
or accumulate a mulch pile, green waste pile, or compost pile larger than one
cubic yard, or any other coconut rhinoceros beetle host material capable of
supporting larval development.
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All green
waste generated at a residence shall be placed into county-issued green waste
bins for scheduled collection or transported to an approved commercial
processor, county facility, or transfer station.
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Prohibited materials include:

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(1)
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Loose
mulch;

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(2)
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Green
waste;

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(3)
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Palm
debris;

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(4)
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Coconut
husk material;

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(5)
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Uncontained
or unprocessed vegetative waste; or

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(6)
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Any
decomposing organic matter than meets the definition of coconut rhinoceros
beetle host material.

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(c)
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No untreated green waste, mulch, compost, palm debris, or other coconut
rhinoceros beetle host material shall be sold, distributed, transferred, or
commercially exchanged within or from a coconut rhinoceros beetle infested zone
unless:

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(1)
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The
material has undergone documented mechanical turning or certified heat
treatment pursuant to subsection (a); and

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(2)
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There
is documented proof of treatment that accompanies the material at the point of
sale, transfer, or distribution.
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Any
sale, transfer, or distribution of untreated material shall constitute an
immediate violation subject to enforcement action.

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(d)
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All coconut rhinoceros beetle host material shall be treated before any:

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(1)
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Transfer
between property;

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(2)
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Commercial
sale or resale;

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(3)
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Distribution
by county or private facilities; or

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(4)
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Off-site
hauling for disposal and composting; provided that redundant treatment upon
receipt may be required when transporting material between separate operators.

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(e)
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Any untreated coconut rhinoceros beetle host material shall not be
stored for more than sixty days in any coconut rhinoceros beetle infested zone
under any circumstances.
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After sixty
days, the coconut rhinoceros beetle host material shall be treated immediately
or removed for approved treatment or disposal pursuant to this section.

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(f)
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The following shall be exempt from this section:

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(1)
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Any
island of the State without a confirmed coconut rhinoceros beetle population;
and

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(2)
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Small-scale
residential composting contained in sealed or pest-proof bins not more than one
cubic yard.

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(g)
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The department shall enforce and administer the provisions of this
section.
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Any commercial operator or residential
property owner violating any provisions of this section shall:

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(1)
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Receive
a written warning and be required to take corrective action within seven days;

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(2)
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Be
subject to a civil fine of $500 and be required to take corrective action
within seven days if:

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(A)
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Corrective action was not taken after receiving a written
warning; or

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(B)
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A second violation occurs; and

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(3)
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Be
subject to a civil fine of $1,000 for any subsequent offense; provided that
each day of continued violation under this section shall constitute a distinct
and separate offense.

The
chairperson of the board may
institute a civil action in
any court of competent jurisdiction for injunctive or other relief to correct
or abate violations of this section or any rule adopted pursuant to this
section, to collect administrative penalties, or to obtain other relief.
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Collected civil fines shall be retained by
the department as additional funding to support ongoing coconut rhinoceros
beetle management efforts, including implementation, enforcement, technical
assistance, and outreach, and community grants and cost-share programs for
equipment to support compliance.

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(h)
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There is established within the department a statewide coconut
rhinoceros beetle compliance hotline and reporting system
to allow residents, landscapers, contractors, and agricultural
workers to report suspected untreated piles, illegal sales, and long-term
storage violations.
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The hotline and
reporting system shall include an email and phone number.

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(i)
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For the purposes of this section:

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"Coconut rhinoceros beetle host
material" means green waste, mulch, compost, palm debris, coconut husk,
decomposing plant matter, or any organic material capable of supporting the
development of coconut rhinoceros beetle larvae.

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"Coconut rhinoceros beetle infested
zone" means any geographic area designated by the department as having
confirmed coconut rhinoceros beetle presence or elevated risk of establishment.

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"Documentation" means written
or electronic records of treatment methods, temperatures achieved, dates of
processing, and verification logs required under this section.

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"Green waste" means leaves,
branches, fronds, grass clippings, chipped vegetation, palm residues, and other
plant material generated through landscaping, trimming, or land- clearing
activities.

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"Mulch" means mechanically
processed or unprocessed plant material used or stored for landscaping, soil
amendment, or compost feedstock.

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"Operator" means any
individual, business, contractor, county, green waste processor, composting
facility, or landowner responsible for generating, storing, moving, or
processing coconut rhinoceros beetle host material.

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"Operator of record" means the
individual or entity designated as responsible for compliance with the
requirements of this section on a given property or site where coconut rhinoceros
beetle host material is stored or processed.

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"Pile" means any accumulation
of coconut rhinoceros beetle host material exceeding one cubic yard, whether
loose, compacted, or contained.

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"Processing" means any
activity that breaks apart,

mixes,
turns, aerates, or mechanically alters coconut rhinoceros beetle host material.

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"Redundant treatment" means
treatment applied upon receipt of coconut rhinoceros beetle host material that
has already been treated before transfer, as required by the department.

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"Storage" means the
accumulation or placement of coconut rhinoceros beetle host material on a
property for more than seventy-two hours.

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"Thermophilic composting"
means a heat-based composting process that achieves sustained elevated
temperatures sufficient to kill coconut rhinoceros beetle larvae and pupae.

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"Transfer" means the sale,
exchange, distribution, gifting, or physical relocation of coconut rhinoceros beetle
host material from one property or operator to another.

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"Treatment" means mechanical
turning or heat-based processing that meets the standards established in this
section, including required temperatures, durations, and documentation.

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"Untreated material" means coconut
rhinoceros beetle host material that has not undergone treatment meeting the
temperature, duration, and documentation requirements established under this
section.
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SECTION 3.
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New statutory material is underscored.

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SECTION 4.
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This Act shall take effect on January 1, 2027.

INTRODUCED BY:

_____________________________

Report Title:

Coconut Rhinoceros Beetle
Management; Invasive Species; Green Waste; Agriculture; Biosecurity

Description:

Beginning
1/1/2027, establishes mandatory handling and storage rules for commercial and
residential coconut rhinoceros beetle host material to reduce the spread of CRB
within infested zones and to prevent spread into non-infested zones.

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