HB2207 SD1

SECTION 1. The legislature finds that the coconut rhinoceros beetle can have devastating impacts on palm species that are foundational to the State's agricultural economy, cultural heritage, and ecosystems. The use of fine mesh nets can be an effective means of preventing adult coconut rhinoceros beetles from accessing vulnerable plants, effectively mitigating their impact on local plants and the environment.

The legislature further finds that even though Act 184, Session Laws of Hawaii 2024, authorizes the department of agriculture and biosecurity to adopt rules for the use of banned monofilament netting, such power is only extended for bird keeping. The legislature is concerned that, due to this limiting authority, the ability of the department to adopt rules to allow for the sale of monofilament netting for coconut rhinoceros beetle interdiction may be thwarted.

The legislature further 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. 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. 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. These signatory private industries are then required to provide manpower, treatment equipment, surveillance, and response readiness. 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.

Accordingly, the purpose of this Act is to:

(1) Establish a working group of private industry signatories for joint decision-making;

(2) Protect the department of agriculture and biosecurity and the counties, including officers, employees, and authorized agents of the department and counties, from liability when entering private property to control or eradicate pests;

(3) Allow for the use of monofilament netting for purposes of protecting plants against invasive species under certain conditions;

(4) Require the department of agriculture and biosecurity to establish rules allowing the sale and distribution of fine mesh nets, including certain monofilament netting, in the State to protect plants from the coconut rhinoceros beetle; and

(5) Rename government-industry agreements to biosecurity government-industry agreements to prevent confusion with a program with similar initials.

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

"§150A- Biosecurity government-industry working group; established. (a) There is established the biosecurity government-industry working group.

(b) The working group shall consist of the following members:

(1) Deputy chairperson for biosecurity or their designee, who shall serve as chairperson of the working group;

(2) Dean of the university of Hawaii college of tropical agriculture and human resilience, or their designee; and

(3) Representatives of the signatory industries in the biosecurity government-industry agreements, to be invited by the chairperson of the working group.

All members of the working group shall serve without compensation but shall be entitled to reimbursement for necessary expenses in the discharge of their duties and responsibilities as members of the working group.

(1) Prepare policy recommendations to the chairperson of the board of agriculture and biosecurity which, upon approval, may serve as guidance for agricultural development in the State. The policies shall include but not be limited to objectives in the following areas:

(A) Plant inspection and quarantine;

(B) Pest management;

(D) Market access; and

(E) Industry analysis;

(2) Assist and provide technical expertise to the chairperson of the board of agriculture and biosecurity in developing programs, projects, and plans to promote optimal development of agriculture, including criteria to measure program effectiveness;

(3) Conduct systematic analysis of all existing and proposed agriculture and agriculture-related programs; and

(4) Recommend to the chairperson of the board of agriculture and biosecurity programs including agricultural product promotion and agricultural development that represent the most effective allocation of resources for optimal development of agriculture."

SECTION 3. Section 141-3.6, Hawaii Revised Statutes, is amended to read as follows:

"§141-3.6 Entry of private property to control or eradicate any pests. (a) The department of agriculture and biosecurity or applicable county shall give at least five days notice to the landowner and the occupier of any private property of its intention to enter the property for the control or eradication of a pest. Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. If certified mail is impractical because the department or county, despite diligent efforts, cannot determine land ownership or because of urgent need to initiate control or eradication measures, notice given once in a daily or weekly publication of general circulation, in the county where any action or proposed action will be taken, or notice made as otherwise provided by law, shall be deemed sufficient notice. The notice shall set forth all pertinent information on the pest control program and the procedures and methods to be used for control or eradication.

(b) After notice as required by subsection (a), any member of the department, employee of the county, or any agent authorized by the department or county may enter at reasonable times any private property other than dwelling places to maintain a pest control or eradication program, being liable only for damage caused by acts beyond the scope of the person's authority, or the person's negligence, gross negligence, or intentional misconduct. If entry is refused, the department member, county employee, or any authorized agent may apply to the district court in the circuit in which the property is located for a warrant to enter on the premises to effectuate the purposes of this chapter. The district court may issue a warrant directing a police officer of the circuit to assist the department member, county employee, or any authorized agent in gaining entry onto the premises during regular working hours or at other reasonable times.

(c) In no case shall the department, county, or any officer, employee, or authorized agent thereof, be liable for costs in any action or proceeding that may be commenced pursuant to this chapter."

SECTION 4. Section 141-17, Hawaii Revised Statutes, is amended to read as follows:

"§141-17 Fine [~~meshed~~] mesh nets; invasive species; permissible; rules. (a) Notwithstanding any other law to the contrary, fine [~~meshed~~] mesh nets, including monofilament netting of an appropriate mesh size, may be used for the protection of plants against invasive species, as determined by the department of agriculture and biosecurity; provided that the fine [~~meshed~~] mesh nets shall be applied in a manner that is unlikely to entangle birds, become dislodged and enter water, or entangle or disturb native and beneficial animals, including but not limited to pollinators, ladybugs or lady beetles, and net‑winged insects.

(b) The department of agriculture and biosecurity shall adopt rules in accordance with chapter 91 to implement this section, including but not limited to establishing requirements related to filament diameter, color, and the inclusion of visual cues to prevent non-targeted entanglement [~~and~~]; prohibiting the use of mist net material [~~that is used~~] designed for bird work[.]; and allowing the distribution and sale of fine mesh nets, including monofilament netting of an appropriate mesh size, for the sole purpose of protecting plants from the coconut rhinoceros beetle (Oryctes rhinoceros)."

SECTION 5. Section 150A-58, Hawaii Revised Statutes, is amended to read as follows:

"[[]§150A-58[~~] Government-industry~~] Biosecurity government-industry agreements for readiness and response. (a) 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.

(b) The agreements shall include:

(1) Readiness activities that:

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

(B) Detect unwanted organisms; and

(2) Response activities that:

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

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

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

(E) Eradicate the unwanted organism; and

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

(d) The department shall establish a biosecurity government‑industry working group pursuant to section 150A- , comprising members or representatives of private industry signatories to any biosecurity government-industry agreement, for joint decision-making pursuant to this section."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2050.

HOUSE OF REPRESENTATIVES	H.B. NO.	2207
THIRTY-THIRD LEGISLATURE, 2026		H.D. 2
STATE OF HAWAII		S.D. 1