HOUSE OF REPRESENTATIVES
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ENVIRONMENTAL PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that a significant amount of pesticide continues to be released into Hawaii's fragile environment. This poses significant health risks to residents, particularly developing children. Scientists have definitively linked pesticides such as chlorpyrifos to developmental delays in children, and other toxic exposure to pesticides during fetal, neonatal, and infant life will disrupt critical development processes. Life-long pesticide exposure for those living in exposed areas has been linked to long-term health effects, including cancer and other serious diseases, decreased cognitive function, and behavioral problems.
The United States Environmental Protection Agency classifies pesticides as restricted use pesticides if they are determined to cause "unreasonable adverse effects on the environment" when used "without additional regulatory restrictions." The legislature also finds that information pertaining to the use of pesticides, including intensive use, within the State is not readily available to the public.
In 2013, the department of agriculture began the Kauai agricultural good neighbor program to collect and publish information regarding outdoor usage of restricted use pesticides by commercial agricultural operations in the county of Kauai. In 2016, the voluntary program was extended statewide. However, the information collected is completely voluntary, is unverified, and is only published on the department's website months after the reported pesticide applications. As a result, the public is unable to evaluate the full extent of any impacts accruing to Hawaii's environment or its residents and to decide whether the risks associated with the agricultural use of such pesticides across the State is acceptable.
The legislature further finds that the State currently does not have an adequate regulatory structure in place to monitor the human health impacts of pesticide drift near sensitive populations. Pesticides may volatilize, or change from a solid or liquid state into a vapor state, into the lower atmosphere for days, weeks, or months after application. Accordingly, drift from pesticides may have lingering effects on the environment long after the initial exposure. The direct, indirect, and cumulative impacts on the environment and public health related to long-term intensive use of pesticides has yet to be properly or independently evaluated.
The study, "Pesticide Use by Large Agribusinesses on Kauai," published by the independent Joint Fact Finding Study Group and issued in May 2016, confirms that the State lacks sufficient data on pesticide use and human and environmental exposure. The Joint Fact Finding Study Group recommended that the good neighbor program be made mandatory and implemented statewide.
The purpose of this Act is to protect the State's environment and residents from the unintended impacts of pesticide use by implementing the recommendation of the Joint Fact Finding Study Group's report that the good neighbor program be revised and expanded to all persons and entities by:
(1) Making the reporting guidelines of the Kauai agricultural good neighbor program mandatory for restricted pesticide use across the State; and
(2) Establishing disclosure and public notification requirements for outdoor applications of pesticides.
SECTION 2. Chapter 149A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . PESTICIDE MANDATORY DISCLOSURE
§149A-A Definitions. As used in this part:
"Commercial agricultural entity" means any individual, partnership, association, corporation, limited liability company, or organized group of persons, regardless of whether incorporated, that is engaged in commercial agricultural production.
"Commercial agricultural production" means:
(1) Commercial production of any seed, crop, plant, timber, livestock, poultry, fish, bees, or apiary products; or
(2) Testing or experimental production of any seed, crop, plant, timber, livestock, poultry, fish, bees, or apiary products.
"Commercial agricultural production area" means real properties and areas owned, leased, or otherwise operated or controlled and used by a commercial agricultural entity for commercial agricultural production.
"Experimental use pesticide" means a pesticide whose use is authorized by an experimental use permit by either the Environmental Protection Agency or the department.
"Outdoor application" means an application of a pesticide made outside of a building or enclosed structure. The term excludes indoor applications of pesticides.
"Person" means an individual, corporation, organization, governmental entity, or other legal entity.
§149A-B Mandatory disclosure and notification of outdoor pesticide use on affected grounds. Effective one year following the effective date of Act , Session Laws of Hawaii 2018, any person or commercial agriculture entity that uses or purchases in excess of ten pounds or ten gallons of restricted use pesticides during the prior calendar year shall disclose the use of all pesticides, including restricted use, general use, and experimental use pesticides, as follows:
(1) Public posting of pesticide outdoor application. At a minimum of twenty-four hours prior to the outdoor application of any pesticide on affected grounds, each entity subject to this section shall post public warning signs in the area in which pesticides are to be applied, in the manner prescribed by section 149A-C; and
(2) Recordkeeping and annual public disclosure. No later than sixty days following the end of each calendar year, each entity subject to this section shall provide to the department annual public reports of all pesticides used in outdoor applications during the preceding calendar year. The annual reports shall comply with the requirements of section 149A-D.
§149A-C Public warning signs. (a) Any public warning sign required to be posted under section 149A-B 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 a warning sign for the outdoor application of any pesticide shall conform to the worker protection standard established by the Environmental Protection Agency.
(b) The department shall adopt rules pursuant to chapter 91 requiring that all warning signs posted pursuant to section 149A-B include the following information:
(1) The trade name of the pesticides to be applied;
(2) The names of the active ingredients of the pesticides to be applied;
(3) The potential hazards to humans and domestic animals, as listed in the precautionary statements of the pesticide's label;
(4) Emergency telephone numbers to call in case of poisoning from the pesticides; and
(5) Any other related information the department deems appropriate.
§149A-D Public reports; contents. The department shall adopt rules, pursuant to chapter 91, requiring that annual public reports required under section 149A-B include the following information:
(1) A listing of all pesticides used in outdoor applications by federal and state registrations or permit numbers, commercial product names, and active ingredients;
(2) The total quantities used for each pesticide; and
(3) A general description of the geographic location, including at minimum the tax map key number and ahupuaa, where the pesticides were used.
§149A-E Rules. The department shall adopt rules pursuant to chapter 91 to implement this part; provided that the department shall not establish exemptions not expressly authorized in this part."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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 2 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 on July 1, 2050.
Reporting of Pesticide Use; Restricted Use Pesticides; Outdoor Application
Establishes disclosure and public notification requirements for outdoor application of restricted use pesticides. (HB2721 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.