STAND. COM. REP. NO. 2406

Honolulu, Hawaii

RE: S.B. No. 2560

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Agriculture and Environment, to which was referred S.B. No. 2560 entitled:

"A BILL FOR AN ACT RELATING TO INVASIVE SPECIES,"

begs leave to report as follows:

The purpose and intent of this measure is to require each lease that the Department of Agriculture (Department) enters into, renews, or extends after a certain date to contain provisions that allow the Department to:

(1) Enter the premises at any time to identify, investigate, control, or eradicate invasive species; and

(2) Terminate the lease if the lessee:

(A) Refuses the Department entry; or

(B) Is found in violation of any applicable law, rule, or order relating to the control or eradication of invasive species.

Your Committee received testimony in support of this measure from the Department of Agriculture, Sierra Club of Hawaiʻi, Coordinating Group on Alien Pest Species, Oʻahu Invasive Species Committee, and four individuals.

Your Committee received comments on this measure from the Hawaiʻi Farm Bureau.

Your Committee finds that invasive species have become one of the most devastating problems impacting the State's environment and economy. Your Committee recognizes that the cost to prevent the cultivation and spread of invasive animals, insects, weeds, diseases, and other pests is substantially less than the cost to contain or eradicate them, and believes that the State should be utilizing all possible preventative measures to limit the spread of invasive pests in the State. This measure will help ensure that lessees of state agricultural lands do not spread invasive pests that are detrimental to the agricultural industry and natural resources of the State.

According to testimony received by your Committee, this measure addresses a gap in invasive pest detection and eradication. Your Committee further recognizes the existing staffing shortages at the Department of Agriculture and notes that requiring a lessee to maintain control of any invasive pests on the leased premises would mitigate the cultivation and spread of any invasive pests on state agricultural land.

Accordingly, your Committee has amended this measure by:

(1) Replacing references to "invasive species" with "invasive pest" and inserting a definition of "invasive pest";

(2) Inserting language that allows the Department of Agriculture to:

(A) Enter leased state lands to survey for invasive pests; and

(B) Require a lessee to maintain control of any invasive pests on the leased premises, at the lessee's expense; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2560, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2560, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,

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MIKE GABBARD, Chair