THE SENATE	S.B. NO.	2489
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

relating to invasive species.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that invasive species, including agricultural pests, are a serious problem in the State. The legislature further finds that state-leased agricultural lands managed by the department of agriculture and biosecurity can be infested with invasive species that can spread to surrounding areas. Currently, the department of agriculture and biosecurity does not have a mechanism to require lessees to grant the department access to the leased land to survey for or control invasive species, or to require lessees to control particularly harmful invasive species on their leased parcels.

The legislature further finds that a recent example of the importance of addressing this gap is the detection of coconut rhinoceros beetle (CRB) in an agricultural park on Hawaii island that is managed by the department of agriculture and biosecurity. The department sought and relied on gaining access permission from each lessee, which led to a patchwork of inspected and treated areas, while the CRB continued to spread from the agricultural park.

Accordingly, the purpose of this Act is to ensure that the department of agriculture and biosecurity has authority to:

(1) Access property that it leases to timely survey for and control invasive species; and

(2) Require its lessees to control specific invasive species on their leased parcels.

SECTION 2. Chapter 141, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§141-   Lease terms; invasive species. (a) Notwithstanding any law to the contrary, each lease that the department of agriculture and biosecurity enters into, renews, or extends after the effective date of Act , Session Laws of Hawaii 2026, shall include provisions stating that the department may:

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

(2) Order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and

(3) Terminate the lease if the lessee refuses the department entry or is found in violation of any applicable law, rule, order, or request relating to the control or eradication of invasive species.

(b) Access granted by this section shall be subject to the notice requirements and limitations on liability established in section 141-3.6.

(c) For the purposes of this section, "invasive species" means any taxon that is a pest as defined in section 150A-2, or that is a prohibited, restricted, or unlisted species pursuant to chapter 150A or any rule adopted under that chapter and that is present in violation of the requirements of that chapter or rule."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

DAB; Invasive Species; Lease Provisions

Description:

Requires each lease that the Department of Agriculture and Biosecurity enters into, renews, or extends to include provisions stating that the Department may: (1) enter the leased premises; (2) order or otherwise require the lessee to maintain control of any invasive species on the leased premises; and (3) terminate the lease for refusal or violation.

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