THE SENATE

S.B. NO.

809

TWENTY-NINTH LEGISLATURE, 2017

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to pesticides.

 

 

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

 


SECTION 1. The legislature finds that an increasing number of large-scale, outdoor commercial agricultural operations are using extremely high volumes of pesticides on their fields in the State. Pesticides are useful for controlling pests and thus increasing crop yields, but their application can have detrimental effects on humans and the environment.

Pesticide sales, labeling, notification, and use are regulated under federal and state laws. The United States Environmental Protection Agency classifies pesticides as either general use or restricted use. Under federal and state law, general use pesticides may be applied by anyone in accordance with pesticide label instructions. Pesticides are classified as restricted use if they are determined by the federal government to cause "unreasonable adverse effects on the environment" when used "without additional regulatory restrictions" and may only be applied by applicators certified by the State or persons under their direct control. In addition to the federal requirements, chapter 149A, Hawaii Revised Statutes, regulates the licensing, sale, and use of pesticides within the State.

The legislature further finds that local governments have particular concerns regarding the use of restricted use pesticides by large-scale commercial agricultural operations and have passed local laws to further regulate pesticide use and notice within their respective counties. The counties enacted these local laws because they are deemed necessary to protect health, life, and property, especially in light of the growing concerns regarding the specific effects pesticide use has on its residents and environment. However, these local laws have been legally challenged on the basis of federal and state law preemption.

The purpose of this Act is to allow a county to enact and adopt local laws, rules, and policies that regulate pesticides use within its own jurisdiction under certain conditions.

SECTION 2. Chapter 149A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"149A-   County authority. (a) Nothing in this chapter shall be construed to preempt or prohibit the authority of a county or any other political subdivision within the State 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 stringent than the requirements under this chapter.

(b) The governing body of each county or any other political subdivision within the State created under article VIII, section 1, of the Hawaii State Constitution, may enact, adopt, amend, and enforce the pesticide requirements under this chapter as these requirements apply within their respective jurisdiction, in accordance with section 46-1.5(13).

(c) Nothing in this section shall authorize or empower a county of political subdivision within the State created under article VIII, section 1, of the Hawaii State Constitution, to enact, adopt, or enforce a local law, rule, or policy that is less stringent than any laws of statewide applicability, any requirements established by the United States Environmental Protection Agency, or any other federal laws or regulations in existence at the time when the local law, rule, or policy is enacted or adopted."

SECTION 3. 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 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. New statutory material is underscored.

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

 

INTRODUCED BY:

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Report Title:

Counties; Pesticide Use; Preemption

 

Description:

Allows a county to enact and adopt local laws, rules, and policies that regulate pesticides use within its own jurisdiction under certain conditions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.