HOUSE OF REPRESENTATIVES

H.B. NO.

1455

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the health impact of pesticides.

 

 

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

 


     SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART    .  PESTICIDE BUFFER ZONES AROUND SCHOOLS

     §321-A  Definitions.  As used in this part, unless the context clearly requires otherwise:

     "Certified pesticide applicator" has the same meaning as in section 149A-2.

     "Commercial pesticide applicator" has the same meaning as in section 149A-2.

     "Department" means the department of health.

     "Experimental use pesticide" means a pesticide whose use is authorized by an experimental use permit by either the Environmental Protection Agency or the department.

     "General use pesticide" has the same meaning as in section 149A-2.

     "Health" means physical and mental health.

     "Outdoor application" means an application of a pesticide made outside of a building or enclosed structure.  The term excludes indoor applications of pesticides and structural or termite application of pesticides, regardless of whether such applications are applied inside or outside of a building or enclosed structure.

     "Pest control operator" has the same meaning as in section 149A-2.

     "Pesticide" has the same meaning as in section 149A-2.

     "Public school" has the same meaning as in section 302A-101.

     "Restricted use pesticide" has the same meaning as in section 149A-2.

     §321-b  Pesticide buffer zones for schools.  (a)  Beginning on July 1, 2018, any entity or person that uses or purchases in excess of      pounds or      gallons of pesticides annually shall restrict the outdoor application of all pesticides, including restricted use, general use, or experimental use pesticides, to no closer than      feet from the property line of any public school.

     (b)  If a more restrictive standard is set forth in the information contained on the label of the pesticide, or by other regulations, including county ordinances or rules, the more restrictive standard shall apply.

     (c)  Any entity or person subject to this section shall ensure that prior to any outdoor application of pesticides pursuant to subsection (a), the application site is positively identified using a unique and verifiable method, including:

     (1)  An onboard, geo-referenced electronic mapping and navigation system, such as the Global Positioning System;

     (2)  Effective site markings visible to the pesticide applicator; or

     (3)  Other methods approved by the department.

     (d)  Any entity or person that is subject to this section, prior to any application of pesticides, shall provide the certified pesticide applicator, commercial pesticide applicator, or pest control operator with a site plan that includes a site map that:

     (1)  Delineates the boundaries of the application area and the property lines;

     (2)  Depicts the location of public schools within      feet of the application areas; and

     (3)  Depicts the pesticide buffer zones for public schools where no pesticide application is allowed, as provided in subsection (a).

     §321-C  Exemptions.  Notwithstanding the provisions of this part, any entity or person subject to section 321-B may obtain from the department a single-use exemption from the prohibition on outdoor applications of pesticides in pesticide buffer zones for public schools, as provided in section 321-B(a).  The department shall issue a single-use exemption if it determines that:

     (1)  The pest situation poses an immediate threat to human health and the environment; and

     (2)  There is no viable alternative to the use of the proposed pesticide.

     §321-D  Rules.  The department of health shall adopt rules pursuant to chapter 91 necessary to effectuate this part.

     §321-E  County authority.  Nothing in this part shall be construed to prohibit or preempt the authority of a unit of local government in the State of Hawaii, including counties and any other political subdivisions created under article VIII, section 1, of the Hawaii State Constitution, to regulate pesticide disclosure, notification, and use in a manner that is equivalent to or more restrictive than the provisions contained in this part."

     SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 3.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Pesticides; Buffer Zones; Public Schools

 

Description:

Establishes buffer zones around public schools that restrict pesticide use by an entity or person.

 

 

 

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