THE SENATE

S.B. NO.

1150

THIRTY-SECOND LEGISLATURE, 2023

 

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. Chapter 27, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    

substances applied on state property

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

"Fertilizer" means any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth or health.

"Pesticide" has the same meaning as in section 149A-2.

"State property" means any real property owned or under the control or management of the State, including any state highway, drainageway, right of way, park, building, or facility.

27-B Pesticide and fertilizer use on state property. (a) The following substances are allowed for use on state property as pesticides or fertilizers:

(1) Pesticides and fertilizers listed as "allowed" on the National List of Allowed and Prohibited Substances as listed in title 7 Code of Federal Regulations 205.601, 205.603, 205.605, and 205.606;

(2) "Minimum risk pesticides" exempt from registration under the Federal Insecticide, Fungicide, and Rodenticide Act (40 C.F.R. 152.25(f)); and

(3) The following, when used in compliance with manufacturer specifications:

(A) Disinfectants, germicides, bactericides, miticides, and virucides;

(B) Insect repellents;

(C) Rat and rodent extermination products;

(D) Swimming pool supplies;

(E) General use paints, stains, and wood preservatives and sealants; and

(F) Citric acid.

(b) Unless a waiver is approved under section 27-D, the use of substances not allowed under subsection (a) as pesticides and fertilizers on state property is prohibited; provided that substances not allowed under subsection (a) may be used as pesticides to control:

(1) Mosquitoes;

(2) Animals or insects, including fire ants and termites, that may cause damage to buildings and structures; and

(3) Invasive species whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.

27-C Exemptions. This part shall not apply to:

(1) State agricultural parks or state property used for agricultural purposes; and

(2) Whole structure fumigation on school property pursuant to section 149A-28.

27-D Waiver. (a) A state department or agency may apply to the department of agriculture for a waiver from section 27-B prior to the use of a substance prohibited by section 27-B as a pesticide or fertilizer on state property owned, controlled, or managed by the applying department or agency. The waiver application shall include:

(1) A location map for the proposed area of use;

(2) A landscape plan;

(3) Photographs of the proposed area of use and vegetation on the area;

(4) A summary of the existing plants, soils, and environmental conditions for the area;

(5) A history of vegetation management practices, including pesticide and fertilizer application amounts and frequency;

(6) Cost estimates and a timeline;

(7) Information on how the public's health and safety is threatened;

(8) An evaluation and list of the results of alternative methods and materials; and

(9) An explanation of how the application of a substance prohibited by this part as a pesticide or fertilizer will, to the greatest extent practical, minimize the impact of the application on abutting properties, human health, and the environment.

(b) The department of agriculture may approve a waiver application or waiver extension request in writing upon finding that:

(1) A situation exists that threatens the public's health and safety;

(2) Alternative control methods and allowed substances have been evaluated and determined to be insufficient; and

(3) The application of a substance prohibited by section 27-B will, to the greatest extent practical, minimize the impact of the application on abutting properties.

(c) A waiver may be granted for a period of up to two years and may include conditions such as signage to protect public health and safety.

(d) A waiver extension request shall be submitted at least ninety days prior to the expiration of the waiver. The extension request shall include the same information as the initial application.

(e) If the department of agriculture fails to approve or disapprove a waiver application or waiver extension request in writing within one hundred eighty days, the application or request shall be deemed approved.

27-E No conflict with federal law. Nothing in this part shall be interpreted or applied so as to create a requirement or duty in conflict with any federal law."

SECTION 2. Chapter 46, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    

substances applied on county property

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

"County property" means any real property owned or under the control or management of the county, including any county highway, drainageway, right of way, park, building, or facility.

"Fertilizer" means any substance containing one or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth or health.

"Pesticide" has the same meaning as in section 149A-2.

46-B Pesticide and fertilizer use on county property. (a) The following substances are allowed for use on county property as pesticides or fertilizers:

(1) Pesticides and fertilizers listed as "allowed" on the National List of Allowed and Prohibited Substances as listed in title 7 Code of Federal Regulations 205.601, 205.603, 205.605, and 205.606;

(2) "Minimum risk pesticides" exempt from registration under the Federal Insecticide, Fungicide, and Rodenticide Act (40 C.F.R. 152.25(f)); and

(3) The following, when used in compliance with manufacturer specifications:

(A) Disinfectants, germicides, bactericides, miticides, and virucides;

(B) Insect repellents;

(C) Rat and rodent extermination products;

(D) Swimming pool supplies;

(E) General use paints, stains, and wood preservatives and sealants; and

(F) Citric acid.

(b) Unless a waiver is approved under section 46-D, the use of substances not allowed under subsection (a) as pesticides and fertilizers on county property is prohibited; provided that substances not allowed under subsection (a) may be used as pesticides to control:

(1) Mosquitoes;

(2) Animals or insects, including fire ants and termites, that may cause damage to buildings and structures; and

(3) Invasive species whose introduction causes, or is likely to cause, economic or environmental harm or harm to human health.

46-C Exemptions. This part shall not apply to property subject to any state executive order that is not managed or controlled by the county, county agricultural parks, or county property used for agricultural purposes.

46-D Waiver. (a) Agencies may apply to the department of agriculture for a waiver from section 46-B prior to the use of a substance prohibited by section 46-B as a pesticide or fertilizer on county property owned, controlled, or managed by the applying agency. The waiver application shall include:

(1) A location map for the proposed area of use;

(2) A landscape plan;

(3) Photographs of the proposed area of use and vegetation on the area;

(4) A summary of the existing plants, soils, and environmental conditions for the area;

(5) A history of vegetation management practices, including pesticide and fertilizer application amounts and frequency;

(6) Cost estimates and a timeline;

(7) Information on how the public's health and safety is threatened;

(8) An evaluation and list of the results of alternative methods and materials; and

(9) An explanation of how the application of a substance prohibited by this part as a pesticide or fertilizer will, to the greatest extent practical, minimize the impact of the application on abutting properties, human health, and the environment.

(b) The department of agriculture may approve a waiver application or waiver extension request in writing upon finding that:

(1) A situation exists that threatens the public's health and safety;

(2) Alternative control methods and allowed substances have been evaluated and determined to be insufficient; and

(3) The application of a substance prohibited by section 46-B will, to the greatest extent practical, minimize the impact of the application on abutting properties.

(c) A waiver may be granted for a period of up to two years and may include conditions such as signage to protect public health and safety.

(d) A waiver extension request shall be submitted at least ninety days prior to the expiration of the waiver. The extension request shall include the same information as the initial application.

(e) If the department of agriculture fails to approve or disapprove a waiver application or waiver extension request in writing within one hundred eighty days, the application or request shall be deemed approved.

46-E No conflict with federal law. Nothing in this part shall be interpreted or applied so as to create a requirement or duty in conflict with any federal law."

SECTION 3. Section 27-1, Hawaii Revised Statutes, is amended to read as follows:

"27-1 Functions of statewide concern. The purpose of the chapter is to fix responsibility for certain functions, which are of statewide concern, in the state government. These functions which are declared to be state functions are as follows:

(1) Planning, construction, improvement and maintenance of public school facilities and grounds and the transportation of school children; provided that nothing in this paragraph shall preclude the several counties from expending their own funds to supplement state funds;

(2) Burial of indigents;

(3) Planning, construction, improvement, maintenance, and operation of public hospitals and other public health and medical facilities;

(4) Rendering of medical treatment and hospitalization services to state and county pensioners;

(5) Administration and operation of district courts; [and]

(6) Providing information and services to the public through joint cooperation with the several counties[.]; and

(7) Use or application of substances as pesticides and fertilizers on state property."

SECTION 4. Section 149A-31, Hawaii Revised Statutes, is amended to read as follows:

"149A-31 Prohibited acts. No person shall:

(1) Use any pesticide in a manner inconsistent with its label, except that it shall not be unlawful to:

(A) Apply a pesticide at any dosage, concentration, or frequency less than that specified on the label or labeling; provided that the efficacy of the pesticide is maintained; provided further that when a pesticide is applied by a commercial applicator, the deviation from the label recommendations shall be with the consent of the purchaser of the pesticide application services;

(B) Apply a pesticide against any target pest not specified in the labeling if the application is to a crop, animal, or site specified on the label or labeling; provided that the label or labeling does not specifically prohibit the use on pests other than those listed on the label or labeling;

(C) Employ any method of application not prohibited by the labeling;

(D) Mix a pesticide or pesticides with a fertilizer when the mixture is not prohibited by the label or labeling; or

(E) Use in a manner determined by rule not to be an unlawful act;

(2) Use, store, transport, or discard any pesticide or pesticide container in any manner that would have unreasonable adverse effects on the environment;

(3) Use or apply restricted use pesticides unless the person is a certified pesticide applicator or under the direct supervision of a certified pesticide applicator with a valid certificate issued pursuant to rules adopted under section 149A-33(1); provided that it shall be prohibited to use or apply a restricted use pesticide for structural pest control uses for a fee or trading of services, unless the user or applicator is a pest control operator or is employed by a pest control operator licensed under chapter 460J;

(4) Use or apply pesticides in any manner that has been suspended, canceled, or restricted pursuant to section 149A-32.5;

(5) Falsify any record or report required to be made or maintained by rules adopted pursuant to this chapter;

(6) Fill with water, through a hose, pipe, or other similar transmission system, any tank, implement, apparatus, or equipment used to disperse pesticides, unless the tank, implement, apparatus, equipment, hose, pipe, or other similar transmission system is equipped with an air gap or a reduced-pressure principle backflow device meeting the requirements under section 340E-2 and the rules adopted thereunder; [or]

(7) Beginning January 1, 2019, use or apply any pesticide containing chlorpyrifos as an active ingredient; provided that:

(A) The department shall grant to any person, upon request, a temporary permit authorizing the person, until December 31, 2022, to use or apply a pesticide containing chlorpyrifos as an active ingredient; and

(B) Any person who violates this paragraph shall be subject to a penalty pursuant to section 149A-41[.];

(8) Use or apply any substance as a pesticide on state property in violation of section 27-B; or

(9) Use or apply any substance as a pesticide on county property in violation with section 46-B."

SECTION 5. In codifying the new sections added by sections 1 and 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 does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2023.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Pesticides; Fertilizers; State Property; County Property; Prohibition

 

Description:

Establishes a list of substances allowed for use as pesticides and fertilizers on state and county property. Provides that the use of substances not specifically allowed as pesticides and fertilizers on state property and county property is prohibited, unless certain exceptions, a waiver, or exemption apply. Requires a state department or agency seeking a waiver to apply to the department of agriculture.

 

 

 

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