SECTION 1. The legislature finds that biosecurity is an overarching issue that requires cooperation and collaboration by numerous parties in order to be addressed properly and to insure the protection of our environment, community, and local agriculture.

The legislature finds that the department of agriculture has multiple duties and activities that address the issue of biosecurity and that initiatives to improve Hawaii biosecurity go beyond the confines of any one branch within the department, often including other groups both inside and outside of state government.

Groups that positively contribute to Hawaii biosecurity efforts include but are not limited to the Hawaii invasive species council, department of land and natural resources, United States Department of Agriculture, coordinating group on alien pest species, and private companies that utilize best management practices when transporting products and equipment throughout the State.

The purpose of this Act is to establish the biosecurity program as the responsibility of the department of agriculture rather than a branch of the department to enable the program to address biosecurity issues across the entire department.

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

"PART . BIOSECURITY PROGRAM

§141- Definitions. As used in this part, unless the context requires otherwise, "department" means the department of agriculture.

§141- Biosecurity program; establishment. The department shall establish a biosecurity program authorized under this part that shall operate in conjunction with other relevant state agencies and laws.

§141- Objectives of biosecurity program. The objectives of the biosecurity program shall be to:

(1) Establish a multi-dimensional system to prevent the entry into the State and interisland movement of pests, prohibited animals, or restricted organisms without a permit; and

(2) Respond effectively to eradicate, control, reduce, and suppress incipient pest populations and established pests and seize and dispose of prohibited animals or restricted organisms without a permit.

§141- General actions to achieve objectives. To achieve the objectives of the biosecurity program, the department shall plan for and, within available funds, implement the following:

(1) Work with government agencies and agricultural commodity exporters of other states and countries to establish pre-entry inspection programs under which inbound cargo into the State is inspected at the ports of departure or other points outside the State;

(2) Establish, operate, or participate in operating port-of-entry facilities where multiple government agencies may inspect, quarantine, fumigate, disinfect, destroy, or exclude, as appropriate, articles that may harbor pests or exclude articles that are prohibited or that are restricted without a permit, with the goals of:

(A) Performing inspections in an efficient, effective, and expeditious manner for the government agencies involved and for cargo owners, carriers, and importers; and

(B) Providing for the proper and safe storage and handling of cargo, especially agricultural and food commodities, awaiting inspection;

(3) Develop, implement, and coordinate post-entry measures to eradicate, control, reduce, and suppress pests and, as appropriate, eradicate or seize and dispose of prohibited animals, or restricted organisms without a permit that have entered the State;

(4) Collaborate with relevant government agencies, agricultural commodity importers, and other persons to examine and develop integrated systems to better implement the biosecurity program;

(5) Improve cargo inspection capabilities and methods, including enhancement of the content and submission requirements for cargo manifests and agricultural commodity ownership and movement certificates;

(6) Promote the production of agricultural commodities in the State to reduce cargo shipments of imported commodities into the State; and

(7) Provide public education on the negative effects of pests and prohibited animals or restricted organisms without a permit, to the environment and economy of the State.

§141- Biosecurity program; charges; costs. (a) The department shall set and impose charges for the inspection, quarantine, and eradication of pests in accordance with this chapter and chapter 150A. The department shall deposit the charges into the pest inspection, quarantine, and eradication fund established pursuant to section 150A-4.5.

(b) The department shall set the charges at amounts intended to generate revenues that, when combined with federal and other funds, are sufficient to pay for the operating and maintenance cost of the program and debt service on bonds issued to fund facilities constructed for the program.

§141- Federal and other funds. The department shall place high priority on seeking and applying for federal and other funds for the biosecurity program.

§141- Annual report. The department shall submit an annual report on the biosecurity program to the legislature no later than twenty days prior to the convening of each regular session of the legislature."

SECTION 3. Chapter 141, Hawaii Revised Statutes, is amended by designating sections 141-1 to 141-10 as part I, entitled "General Provisions".

SECTION 4. Chapter 150A, part VI, Hawaii Revised Statutes, is repealed.

SECTION 5. This Act, upon its approval, shall take effect on July 1, 2015.

THE SENATE	S.B. NO.	1062
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 2
STATE OF HAWAII