THE SENATE

S.B. NO.

801

TWENTY-EIGHTH LEGISLATURE, 2015

S.D. 1

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 DRIFT PROTECTIONS

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

"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.

"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.

"Sensitive area" includes:

(1) Any school, hospital licensed pursuant to section 321‑14.5, adult residential care home, assisted living facility, child care facility, family child care home, group child care center, group child care home, hospice home, extended care adult residential care home, expanded adult residential care home, health care facility, primary care clinic, and place of worship; and

(2) Any shoreline, watershed, and body of perennial waters.

321-B Disclosure and notification of agricultural pesticide use. (a) Beginning July 1, 2016, any entity or person that annually uses or purchases in excess of       pounds or       gallons of restricted use pesticides during a prior calendar year shall disclose the use of all pesticides, including restricted use, general use, or experimental use pesticides, in compliance with the following disclosure and notification requirements:

(1) Provide public posting of warning signs in the area in which pesticides are to be applied a minimum of twenty-four hours prior to the outdoor application of any pesticide, including any restricted use, general use, or experimental use pesticide. The warning signs shall remain posted during the outdoor application of any pesticide and until expiration of the applicable restricted-entry interval established by the Environmental Protection Agency for the particular pesticide. The posting of warning signs during and after the outdoor application of any pesticide shall conform to the worker protection standard established by the Environmental Protection Agency. The pesticide warning signs shall contain but not be limited to the following information:

(A) The trade name of the pesticide to be applied;

(B) The name of the active ingredient or ingredients of the pesticide to be applied;

(C) The potential hazards to humans and domestic animals as listed in the precautionary statements of the pesticide's label; and

(D) Emergency telephone numbers to call in case of poisoning from the pesticide;

(2) Provide pre‑application written notification to any entity or person within       feet of the property line where the pesticide is anticipated to be applied outdoors a minimum of twenty-four hours prior to the outdoor application of any pesticide, including any restricted use, general use, or experimental use pesticide. The pre-application written notifications shall contain but not be limited to the following information:

(A) The trade name of the pesticide to be applied;

(B) The name of the active ingredient or ingredients of the pesticide to be applied;

(C) The potential hazards to humans and domestic animals as listed in the precautionary statements of the pesticide's label; and

(D) Emergency telephone numbers to call in case of poisoning from the pesticide; and

(3) No later than sixty days following the end of each calendar year, any entity or person subject to this section shall provide annual public reports of all pesticides, including restricted use, general use, or experimental use pesticides, used in outdoor applications during the prior calendar year to the department of health and department of agriculture. The annual public reports shall be posted online on each of the department's websites. The annual public reports shall contain but not be limited to the following information:

(A) A listing of all pesticides used in outdoor applications by federal and state registrations or permit numbers, commercial product names, and active ingredients;

(B) The total quantities used for each pesticide; and

(C) A general description of the geographic location, including at minimum the tax map key and ahupuaa where the pesticides were used.

(b) Any entity or person subject to this section shall not conduct any outdoor application of pesticides when the wind speed is more than       miles per hour. If a more restrictive standard is set forth in information contained on the label of the pesticide, or by other regulations, including county or local regulations, the more restrictive standard shall apply.

321-C Pesticide buffer zones for sensitive areas. (a) Beginning July 1, 2016, any entity or person that uses or purchases in excess of       pounds or       gallons of restricted use pesticides annually shall restrict the outdoor application of all pesticides, including restricted use, general use, or experimental use pesticides, within       feet of any sensitive area.

(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 or local regulations, the more restrictive standard shall apply.

(c) Any entity or person that is subject to section 321-B shall ensure that prior to any outdoor application of pesticides, 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 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 section 321-B, 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 type and location of sensitive areas within       feet of the application areas; and

(3) Depicts the pesticide buffer zones for sensitive areas where no pesticide application is allowed.

321-D 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 around sensitive areas. 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) That there is no viable alternative to the use of the proposed pesticide."

SECTION 2. The department of health shall adopt rules, pursuant to chapter 91, Hawaii Revised Statutes, necessary for the purposes of this Act.

SECTION 3. Nothing in this Act shall be construed to prohibit or preempt the authority of an 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 Act.

SECTION 4. 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 5. 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 6. This Act shall take effect upon its approval.


 


 

Report Title:

Pesticide; Health; Disclosure

 

Description:

Establishes notice, reporting, and use requirements for any entity or person that uses pesticides under certain circumstances. (SD1)

 

 

 

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