TWENTY-EIGHTH LEGISLATURE, 2015
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:
"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.
§321-b Pesticide buffer zones for schools. (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, within feet of any 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 or local regulations, 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, 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 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 schools within feet of the application areas; and
(3) Depicts the pesticide buffer zones for schools where no pesticide application is allowed.
§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 around schools. 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.
Pesticides; Buffer Zones; Schools
Establishes buffer zones around schools that restrict pesticide use for any entity or person.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.