SB 562 Hawaii Senate · 2025 Regular Session

RELATING TO INVASIVE SPECIES.

Summary

Establishes a Plant Nursery Registry Program to regulate the sale of nursery stock. Requires certain plant nurseries to register with the Department of Agriculture. Establishes penalties. Effective 7/1/3000. (HD1)

Bill status passed 3 of 5 stages cleared

Introduction

Jan 2025

Committee Review

Mar 2025

Senate Passage

Mar 2025

House Passage

Governor

Introduced Jan 17, 2025 Last action Mar 18, 2025

Maddy AI version diff · 3 comparisons

What changed between versions

SB562_SD1 → SB562_SD2 · 9 edits

MAJOR

This bill significantly expands Hawaii's invasive species prevention efforts by creating a new mandatory registration program for plant nurseries. It strengthens penalties for violating pest control laws and enhances biosecurity measures at ports of entry. The changes aim to better protect Hawaii's agriculture and environment from invasive species spread through commercial plant sales.

Scope change

Expanded from existing limited nursery inspection rules to a comprehensive registration program covering all nursery stock producers and sellers, including pop-up sales and commercial landscaping businesses.

REQUIREMENT

New mandatory registration program requiring all nursery stock producers and sellers to register with the Department of Agriculture, including those at pop-up sales and craft fairs.

New certification requirements for registered nurseries including pest-free locations, log books documenting pest control actions, and reporting of new pest occurrences.

Enhanced biosecurity program requirements including pre-entry inspection programs and improved cargo inspection capabilities at ports of entry.

ELIGIBILITY

Small retail sellers with annual nursery stock sales under $2,500 may be exempt from registration requirements.

ENFORCEMENT

Increased penalties for invasive species violations, including class C felonies with fines up to $200,000 for intentional importation of prohibited species.

New authority for the department to issue quarantine orders, require treatment or destruction of infested plants, and conduct administrative inspections.

DEFINITION

New definitions for 'best management practices' and expanded definition of 'nursery stock' to include cut flowers, grafts, cuttings, and buds.

FISCAL

New fees for nursery registration to be deposited into the pest inspection, quarantine, and eradication fund.

TIMELINE

Existing nursery operators have one year from the effective date to register, with the act taking effect on July 1, 2050.

SB562_HD1 → SB562_SD1 · 10 edits

MAJOR

This bill establishes a new plant nursery registration program in Hawaii to prevent the spread of invasive species and pests. It requires most plant nurseries to register with the Department of Agriculture, prohibits the sale of pest-infested plants, and creates a system for inspections and penalties. The changes expand regulatory oversight beyond just export shipments to include local sales and consumer protection.

Scope change

The bill expands regulatory scope from only export-related nursery inspections to a comprehensive program covering all plant nursery operations within Hawaii, including pop-up sales, craft fairs, and commercial landscaping businesses.

REQUIREMENT

New registration requirement for all persons engaged in nursery stock production or sale, including pop-up sales and fundraising events, with a one-year grace period for existing businesses.

Prohibition on selling restricted plants, noxious weeds, or pest-infested nursery stock at registered locations.

Requirement to maintain pest-free locations with documented pest control actions in a log book.

ENFORCEMENT

New inspection authority allowing the department to inspect registered locations without notice during business hours, with prioritization based on compliance history.

New enforcement powers including quarantine orders, treatment requirements, and destruction of infested materials at the owner's expense.

New penalty structure with fines up to $25,000 for second offenses and potential class C felony charges for intentional importation of prohibited species.

DEFINITION

New definitions for 'best management practices' and 'nursery stock' to clarify regulatory scope.

EXEMPTIONS

Exemption from registration for small retail businesses with annual nursery stock sales under $2,500.

FISCAL

Registration fees to be deposited into the existing pest inspection, quarantine, and eradication fund.

TIMELINE

New effective date of July 1, 2025, with a one-year registration grace period for existing businesses.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 14, 2025

Committee

Reported from AGR (Stand. Com. Rep. No. 1223) as amended in HD 1, recommending passage on Second Reading and referral to JHA.

lower

Mar 12, 2025

Lower · Passed

The committee on AGR recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 5 Ayes: Representative(s) Kahaloa, Kusch, Lowen, Perruso, Quinlan; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Ward.

lower

Mar 6, 2025

Committee

Referred to AGR, JHA, FIN, referral sheet 19

lower

Mar 4, 2025

Introduced

Received from Senate (Sen. Com. No. 168) in amended form (SD 2).

lower

Mar 4, 2025

Upper · Passed

Report adopted; Passed Third Reading, as amended (SD 2). Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.

upper

Feb 26, 2025

Upper · Passed

The committee(s) on WAM recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in WAM were as follows: 11 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Wakai; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Aquino, Fevella.

upper

Feb 26, 2025

Upper · Passed

The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 5 Aye(s): Senator(s) Keohokalole, Fukunaga, McKelvey, Richards, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.

upper

Feb 20, 2025

Upper · Passed

The committee(s) on CPN/WAM will hold a public decision making on 02-26-25 10:00AM; Conference Room 211 & Videoconference.

upper

Feb 5, 2025

Committee

Reported from AEN (Stand. Com. Rep. No. 46) with recommendation of passage on Second Reading, as amended (SD 1) and referral to CPN/WAM.

upper

Jan 29, 2025

Upper · Passed

The committee(s) on AEN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in AEN were as follows: 4 Aye(s): Senator(s) Gabbard, DeCoite, Rhoads, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) Richards.

upper

Jan 24, 2025

Upper · Passed

The committee(s) on AEN has scheduled a public hearing on 01-29-25 1:00PM; Conference Room 224 & Videoconference.

upper

Jan 21, 2025

Committee

Referred to AEN, CPN/WAM.

upper

Jan 17, 2025

Introduced

Introduced.

upper

9 primary · 0 co-sponsors