HB2306

SECTION 1. The legislature finds that the unchecked spread of invasive species is the single greatest threat to Hawaii's economy, natural environment, and the health and lifestyle of Hawaii's people. Invasive species can cause millions of dollars in crop losses, the extinction of native species, the destruction of native forests, the spread of diseases, and the quarantine of exported agricultural crops.

Island ecosystems are particularly vulnerable to the destructive power of invasive species. In Guam, the accidental introduction of the brown tree snake has resulted in widespread devastation. Without natural predators or competition for food, brown tree snake populations have grown exponentially, causing mass extinctions of endemic birds. Where there were once bird songs, the silent forests of Guam are now home to as many as fifteen thousand snakes per square mile. Just one new pest like the brown tree snake could forever change the character of the Hawaiian islands. Despite our ongoing efforts to detect and eradicate invasive species, our fragile island ecosystems are constantly at risk from insects, disease-bearing organisms, snakes, weeds, and other invasive species. The legislature finds that inspection of freight brought into the State is necessary for the protection of the State's ecosystem.

The purpose of this Act is to clarify the implementation of the inspection, quarantine, and eradication service fee by establishing a separate fee and charge specific to air freight. This separate fee will provide funding for the department of agriculture to conduct inspections of imported air freight, prevent the introduction of invasive species, and for the airport facilities necessary to conduct such inspections. This fee applies only to nonpassenger freight.

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

"§150A-A Air freight inspection, quarantine, and eradication service fee and charge. (a) There is imposed a fee for the inspection, quarantine, and eradication of invasive species contained in air freight, foreign or domestic, but not including aggregate bulk freight, cement bulk freight, coal bulk freight, or liquid bulk freight, that is brought into the State. The transportation company shall bill the fee to the person responsible for paying the freight charges to the transportation company within fifteen days of the delivery of the freight. The fee shall be paid by the person responsible for paying the freight charges to the transportation company within forty-five days of receipt of the bill. The transportation company shall collect the fee from the person responsible and forward the payment to the department at the port of disembarkation within forty-five days of receipt of the fee; provided that the transportation company shall not be liable for any fee that is not paid by the person responsible for paying the freight charges to the transportation company.

The department shall deposit the fee into the air freight pest inspection, quarantine, and eradication fund under section 150A-B.

(b) The fee shall be assessed and collected on the net weight of the imported freight computed on the basis of $1.25 for every one thousand pounds of freight, or part thereof, brought into the State.

§150A-B Air freight pest inspection, quarantine, and eradication fund. (a) There is established in the state treasury the air freight pest inspection, quarantine, and eradication fund, into which shall be deposited:

(1) Legislative appropriations for biosecurity and inspection, quarantine, and eradication services;

(2) Service fees, charges, and penalties collected under section 150A-A;

(3) Fees imposed for services pursuant to this chapter or rules adopted under this chapter;

(4) Grants and gifts;

(5) All interest earned or accrued on moneys deposited in the fund; and

(6) Any other moneys made available to the fund.

(b) The moneys in the air freight pest inspection, quarantine, and eradication fund shall be expended by the department for:

(1) The operation of biosecurity and pest inspection, quarantine, eradication, and monitoring programs at the airports;

(2) The electronic importer manifest program;

(3) Related facilities;

(4) The execution of emergency remedial measures when pests are detected in the course of inspection and quarantine activities by the department;

(5) Training of inspectors;

(6) Education of the agricultural industry, permit and certificate holders, and the general public as to import requirements; and

(7) For any other purposes deemed necessary to carry out the purposes of this chapter;

provided that it relates to the air freight inspection, quarantine, and eradication program at the airports. In addition, the moneys shall be expended to facilitate the processing and issuance of permits and microorganism import documents and for the operations, activities, and monitoring of permitted and certified plants, animals, and microorganisms."

SECTION 3. Section 150A-5.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There is imposed a fee for the inspection, quarantine, and eradication of invasive species contained in any freight, including marine commercial container shipment, [~~air freight,~~] or any other means of transporting freight, foreign or domestic, but not including aggregate bulk freight, cement bulk freight, coal bulk freight, or liquid bulk freight, that is brought into the State. The transportation company shall bill the fee to the person responsible for paying the freight charges to the transportation company within fifteen days of the delivery of the freight. The fee shall be paid by the person responsible for paying the freight charges to the transportation company within forty-five days of receipt of the bill. The transportation company shall collect the fee from the person responsible and forward the payment to the department at the port of disembarkation within forty-five days of receipt of the fee; provided that the transportation company shall not be liable for any fee that is not paid by the person responsible for paying the freight charges to the transportation company.

The department shall deposit the fee into the pest inspection, quarantine, and eradication fund under section 150A-4.5."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 to be deposited into the air freight pest inspection, quarantine, and eradication fund established in section 150A-B.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 5. There is appropriated out of air freight pest inspection, quarantine, and eradication fund the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 to be used for the air freight pest inspection, quarantine, and eradication program.

The sum appropriated shall be expended by the department of agriculture for the purposes of this Act.

SECTION 6. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2022.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	2306
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII