SB 351: RELATING TO PESTICIDES.

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 pesticide exposure can cause significant harm to public health and the environment.  Restricted use pesticides have been deemed to have high potential to cause harm to surrounding communities, farm workers, pollinators, the environment, and other crops.  Comprehensive pesticide use data is therefore essential to accurately assess risks and ensure that communities are protected from adverse impacts.

     The legislature further finds that Act 45, Session Laws of Hawaii 2018, established requirements intended to address pesticide abuse in Hawaiʻi, including requiring all users of restricted use pesticides to annually report on their use of restricted use pesticides to the department of agriculture.  However, robust and meaningful analysis of environmental and public health impacts of pesticides is contingent on more comprehensive reporting.

     The legislature also finds that currently, pesticide users are required to report the address, tax map key, and location of the application site, but are not required to provide specific geospatial data that could provide comprehensive mapping of pesticide impacts.  This poses difficulties to communities who live adjacent to large tracts of agricultural land.  According to the state-sponsored Joint Fact Finding Study Group, Pesticide Use by Large Agribusinesses on Kauaʻi (2016), "more information is needed about the time and place of applications along with greater oversight to ensure compliance on all Islands.  Again, California appears to lead the nation in studies of chronic health effects and/or associations with pesticide use.  They are able to reach this level of scientific inquiry because they require careful reporting of pesticide applications that specify what was sprayed, where, when, and in what quantities."  Improved reporting in Hawaiʻi can provide policymakers and public health experts with important data with which to make evidence— based decisions about pesticide use.

     The purpose of this Act is to protect the health of Hawaiʻi's environment and people and enable more informed public health decision—making through improving reporting requirements for restricted use pesticides by:

     (1)  Requiring quarterly rather than annual reporting of all use of restricted use pesticides;

     (2)  Amending the contents of the reports to include detailed geospatial information and increased detail and uniformity regarding the amount of product and chemicals applied; and

     (3)  Requiring the department of agriculture to develop an online reporting tool for restricted use pesticides.

     SECTION 2.  Section 149A-26, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§149A-26[]]  Post-application reporting of pesticide use.  (a)  [Beginning January 1, 2019, every] Every user of restricted use pesticides shall be subject to the requirement to submit to the department, for departmental use, [an annual] a quarterly report of all use of restricted use pesticides as provided in this section.

     (b)  No later than thirty days following the end of each calendar [year,] quarter, every entity that uses restricted use pesticides shall provide to the department a report of all restricted use pesticides used during the preceding calendar [year.] quarter.

     (c)  The department shall adopt rules pursuant to chapter 91 requiring that the [annual] quarterly reports include the following information:

     (1)  A listing, by federal and state registrations or permit numbers, commercial product names, and active ingredients, of all restricted use pesticides used;

     (2)  The total quantities used for each restricted use pesticide[;], listed by type in pounds of active ingredient applied and percentage of active ingredient found in any restricted use pesticide applied;

     (3)  A [general] detailed description of the geographic location, including, at a minimum[, the]:

          (A)  Geospatial data and information up to an area of one square mile; and

          (B)  The tax map key number, at which the restricted use pesticides were used; and

     (4)  The date on which the restricted use pesticide application occurred."

     SECTION 3.  Section 149A-27, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§149A-27[]]  Public reports; contents.  The department shall produce a summary, for public disclosure, by county, that includes:

     (1)  The total quantities used, by federal and state registrations or permit numbers, commercial product names, and active ingredients, for each restricted use pesticide used[; and], including a breakdown by type in pounds of active ingredient applied and percentage of active ingredient found in any restricted use pesticide applied;

     (2)  The amount of area in the county in which the restricted use application occurred[.]; and

     (3)  Geospatial data and information up to an area of one square mile where the restricted use pesticide application occurred."

     SECTION 4.  The department of agriculture shall develop an online reporting tool for restricted use pesticide reporting pursuant to section 149A-26, Hawaii Revised Statutes.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

Report Title:

DOA; Pesticides; Restricted Use; Geospatial Data; Reports; Online Reporting Tool

Description:

Requires quarterly rather than annual reporting of all use of restricted use pesticides.  Amends the contents of reports to include specific geospatial data and information and increased detail on the amount of restricted use pesticides used.  Requires the Department of Agriculture to develop an online reporting tool for restricted use pesticides.

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

STAND. COM. REP. NO. 20

Honolulu, Hawaii

RE:    S.B. No. 351

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.B. No. 351 entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require quarterly, rather than annual, reporting of all application of restricted use pesticides;

     (2)  Amend the contents of the reports to include specific geospatial data and information and increased detail on the amount of restricted use pesticides applied; and

     (3)  Require the Department of Agriculture to develop an online reporting tool for restricted use pesticides.

     Your Committee received testimony in support of this measure from the Office of the Mayor of Maui County, one member of the Kauaʻi County Council, Hawaiʻi Alliance for Progressive Action, Hawaiʻi Farmers Union United, Green Party of Hawaiʻi, and thirty‑nine individuals.

     Your Committee received testimony in opposition to this measure from the Hawaii Pest Control Association; Hawaiʻi Farm Bureau; CropLife America; Bowman Termite and Pest Management, LLC; and one individual.

     Your Committee received comments on this measure from the Department of Agriculture and Hawaii Crop Improvement Association.

     Your Committee recognizes that pesticide exposure can cause significant harm to public health and the environment, especially restricted use pesticides.  According to testimony received by your Committee, the application of general use and experimental pesticides being applied and tested throughout the State has gone unreported for years.  Reporting specific geospatial areas of pesticide use is essential to understanding the location of high potential drift areas and mitigating any unintended consequences in sensitive surrounding areas, such as schools, residential neighborhoods, and waterways.  This measure protects public health and the environment and enables more informed public health decision-making by amending the frequency and content of the restricted use pesticides reporting, while facilitating easier compliance by requiring the development of an online restricting use pesticides reporting tool.

     As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 351 and recommends that it pass Second Reading and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,