REPORT TITLE:
Pesticides


DESCRIPTION:
Defines "integrated pest management".  Amends the definition of
"pest" under the Hawaii pesticides law.  Allows the pesticide use
revolving fund (fund) to be used for the development of
integrated pest management strategies and personnel costs.
Removes the ceiling on the balance in the fund.  Amends the
lapsing of moneys to the general fund to specify that all
unobligated, unencumbered, or unexpended funds remaining in the
fund in excess of $250,000 at the close of each fiscal year shall
lapse to the state general fund.  Clarifies that penalties
imposed by the board of agriculture are administrative penalties
and provides a procedure to recover administrative penalties
imposed.  Deletes pesticides that are no longer registered for
use from coloration requirements.  Exempts pesticides deregulated
by the U.S. Environmental Protection Agency from regulation in
Hawaii.  (HB2405 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2405
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PESTICIDES.



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

 1      SECTION 1.  Section 149A-2, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By adding a new definition to be appropriately inserted
 
 4 and to read:
 
 5      ""Integrated pest management" means a sustainable approach
 
 6 to managing pests by combining biological, cultural, physical,
 
 7 and chemical tools in a way that minimizes economic, health, and
 
 8 environmental risks."
 
 9      2.  By amending the definition of "pest" to read:
 
10      "Pest" means any insect, rodent, nematode, fungus, weed, or
 
11 any other form of terrestrial or aquatic plant or animal life or
 
12 virus, bacterium, or any other microorganism, except viruses,
 
13 bacterium, or any other microorganisms on or in living humans or
 
14 other living animals, which [the board declares to be a pest.]
 
15 the administrator of the U.S. Environmental Protection Agency
 
16 determines to be a pest pursuant to the Federal Insecticide
 
17 Fungicide Rodenticide Act."
 
18      SECTION 2.  Section 149A-13.5, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
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 1      "[[]149A-13.5[]]  Pesticide use revolving fund; pesticide
 
 2 training workshops; training fee.(a)  There is established
 
 3 within the treasury of the State, a pesticide use revolving fund.
 
 4 The fund shall be administered by the department for the purposes
 
 5 of this section.  The fund shall consist of:
 
 6      (1)  Licensing and registration fees and charges collected
 
 7           by the department under section 149A-13(b); and
 
 8      (2)  All fees collected by the department through the
 
 9           collection of training fees in accordance with
 
10           subsection (c).
 
11      (b)  Moneys in the pesticide use revolving fund shall be
 
12 expended by the department to support the pesticide program's
 
13 registration and licensing, certification and education, and
 
14 compliance monitoring activities.  The department shall also
 
15 expend revolving fund moneys on the establishment of pesticide
 
16 training workshops, educational programs, development of
 
17 integrated pest management strategies, and other services for
 
18 pesticide users such as the agricultural pest control industry,
 
19 the structural pest control industry, and consumer users of
 
20 pesticides, which provide pesticide instruction in areas[,]
 
21 including but not limited to[,] the collection, disposal, and
 
22 recycling of pesticide containers and all other pesticide
 
23 services deemed necessary by the department.  Moneys from the
 

 
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 1 revolving fund may be used for [the purchase of] personnel,
 
 2 services, materials, and equipment[.] for the purposes of this
 
 3 section; provided that the use of moneys from the revolving fund
 
 4 for personnel costs shall be limited to those employees under the
 
 5 registration and education section of the department's pesticides
 
 6 branch.
 
 7      Moneys expended by the department from the pesticide use
 
 8 revolving fund for training workshops, educational programs, and
 
 9 other services for the agricultural pest control industry, the
 
10 structural pest control industry, and consumer groups shall be
 
11 [done so] expended in a manner that appropriately addresses the
 
12 needs of each category of pesticide user.
 
13      (c)  The department may set fees for the educational
 
14 services and training provided under this section.
 
15      (d)  All interest earned on the deposit or investment of the
 
16 moneys in the fund shall become a part of the fund.
 
17      (e)  [The balance in the revolving fund shall not exceed
 
18 $250,000.  All amounts in excess of the $250,000 shall be
 
19 deposited to the credit of the state general fund.]  All
 
20 unobligated, unencumbered, or unexpended funds remaining in the
 
21 fund in excess of $250,000 at the close of each fiscal year shall
 
22 lapse to the state general fund.
 

 
 
 
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 1      (f)  The department shall submit an annual report to the
 
 2 legislature on all moneys deposited into, and disbursed from, the
 
 3 pesticide use revolving fund.  The report shall be submitted to
 
 4 the legislature not fewer than twenty days prior to the convening
 
 5 of each regular session.  The report shall group all moneys
 
 6 deposited into, and disbursed from, the revolving fund according
 
 7 to the categories established in subsections (a) to (e)."
 
 8      SECTION 3.  Section 149A-16, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "149A-16  Coloration of certain pesticides.  [(a)
 
11 Pesticides known as standard lead arsenate, basic lead arsenate,
 
12 calcium arsenate, magnesium arsenate, zinc arsenate, zinc
 
13 arsenite, sodium fluoride, sodium fluosilicate, or barium
 
14 fluosilicate shall be distinctly colored as specified by rule.
 
15      (b)]  The department may require, by rule, the distinct
 
16 coloration of [other] certain pesticides [that it] as the EPA
 
17 determines or, for a product registered pursuant to section
 
18 149A-19(a)(6), as the department determines to be necessary to
 
19 protect [the] public health and the environment."
 
20      SECTION 4.  Section 149A-19, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 
22      "(a)  The board, after having afforded interested and
 
23 affected parties an opportunity to be heard and, in instances in
 

 
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 1 which human health is affected, after consultation with the
 
 2 director of health, shall [make and] adopt rules[:
 
 3      (1)  To declare as a pest any form of plant or animal life
 
 4           or virus which is injurious to plants, humans, domestic
 
 5           animals, articles, or substances;
 
 6      (2)  To determine] to:
 
 7      (1)  Determine the pesticides [which] that are highly toxic
 
 8           to humans[; to], designate pesticides as restricted use
 
 9           or nonrestricted use[;], and [to] establish a system of
 
10           control over the distribution and use of certain
 
11           pesticides and devices purchased by the consuming
 
12           public;
 
13     [(3)  To determine] (2)  Determine standards of coloring for
 
14           pesticides, and [to] subject pesticides to the
 
15           requirements of section 149A-16;
 
16     [(4)  To establish] (3)  Establish procedures, conditions,
 
17           and fees for the issuance of licenses for sale of
 
18           restricted use pesticides;
 
19     [(5)  To establish] (4)  Establish fees for the licensing of
 
20           pesticides within the limitations of section
 
21           149A-13(b);
 
22     [(6)  To establish] (5)  Establish procedures for the
 
23           licensing of pesticides;
 

 
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 1     [(7)  To establish] (6)  Establish procedures for the
 
 2           registration of pesticides under provisions of section
 
 3           24(c), FIFRA;
 
 4     [(8)  To establish] (7)  Establish procedures for the
 
 5           disposal of pesticides; and
 
 6     [(9)  To establish] (8)  Establish procedures to issue
 
 7           experimental use permits under provisions of section 5
 
 8           of FIFRA."
 
 9      SECTION 5.  Section 149A-37, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "149A-37  Exemptions.  (a)  Exemption from this chapter may
 
12 be granted by the department to the University of Hawaii and
 
13 other state and federal agencies for experimental or research
 
14 work directed toward obtaining knowledge of the characteristics
 
15 and proper usage of unspecified or experimental pesticides.
 
16 Research and experimental work conducted by private agencies with
 
17 adequate research facilities may also be similarly exempted upon
 
18 approval by the department.  Approval [must] shall be in writing
 
19 stating the specific exemptions and conditions.
 
20      (b)  Any pesticide exempted by the Administrator of the EPA
 
21 pursuant to title 7, United States Code, section 136w(b), shall
 
22 be exempt from this chapter, if the pesticide product meets the
 
23 terms and conditions of the EPA's exemption, except for
 

 
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 1 pesticides that the department has determined by rule may cause
 
 2 unreasonable adverse effects on the environment."
 
 3      SECTION 6.  Section 149A-41, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (b) to read as follows:
 
 5      "(b) [Civil] Administrative penalties.
 
 6      (1)  In general, any registrant, commercial applicator,
 
 7           wholesaler, dealer, retailer, or other distributor who
 
 8           violates any provision of this chapter may be assessed
 
 9           [a civil] an administrative penalty by the board of not
 
10           more than $5,000 for each offense[.];
 
11      (2)  Any private applicator or other person not included in
 
12           paragraph (1) who violates any provision of this
 
13           chapter relating to the use of pesticides while on
 
14           property owned or rented by that person or the person's
 
15           employer, subsequent to receiving a written warning
 
16           from the department or following a citation for a prior
 
17           violation, may be assessed [a civil] an administrative
 
18           penalty by the board of not more than $1,000 for each
 
19           offense.  Any private applicator or other person not
 
20           included in paragraph (1) who violates any provision of
 
21           this chapter relating to licensing, transport, sale,
 
22           distribution, or application of a pesticide for
 

 
 
 
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 1           commercial purposes may be assessed [a civil] an
 
 2           administrative penalty as provided in paragraph (1)[.];
 
 3      (3)  No [civil] administrative penalty shall be assessed
 
 4           unless the person charged shall have been given notice
 
 5           and an opportunity for a hearing on the specific charge
 
 6           in the county of the residence of the person charged.
 
 7           The [civil] administrative penalty and any proposed
 
 8           action contained in the notice of finding of violation
 
 9           shall become a final order unless, within twenty days
 
10           of receipt of the notice, the person or persons charged
 
11           make a written request for a hearing.  In determining
 
12           the amount of penalty, the board shall consider the
 
13           appropriateness of the penalty to the size of the
 
14           business of the person charged, the effect on the
 
15           person's ability to continue business, and the gravity
 
16           of the violation[.]; and
 
17      (4)  In case of inability to collect the [civil]
 
18           administrative penalty or failure of any person to pay
 
19           all or such portion of the [civil] administrative
 
20           penalty as the board may determine, the board shall
 
21           refer the matter to the attorney general, who shall
 
22           recover the amount by action in the appropriate court.
 
23           For any judicial proceeding to recover the
 

 
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 1           administrative penalty imposed, the attorney general
 
 2           need only show that notice was given, a hearing was
 
 3           held or the time granted for requesting a hearing has
 
 4           expired without such a request, the administrative
 
 5           penalty was imposed, and that the penalty remains
 
 6           unpaid."
 
 7      SECTION 7.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 8.  This Act shall take effect on July 1, 2000.