SB 352

SENATE FLOOR AMENDMENT

FLOOR AMENDMENT NO.                                            Date                                                                                     

TO:    SENATE Bill No. 352, S.D. 1

          SECTION 1.  Senate Bill No. 352, S.D. 1, section 5, is amended by amending page 3, line 16, to read as follows:

     "SECTION 5.  This Act shall take effect on July 1, 2050."

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 use is associated with neurological deficits and acute health effects in children.  Scientific research conducted by academic institutions and the United States Environmental Protection Agency has demonstrated that pesticides sprayed on agricultural fields can drift off site, causing adverse health effects.  Drift can occur through spray, mist, fumes, or odor during application, or through volatilization of previously treated areas.

     The legislature further finds that Act 45, Session Laws of Hawaii 2018, created a ban on chlorpyrifos--an excellent example of state regulatory action to protect the public from neurologically damaging pesticides.  However, the legislature also finds that the one hundred foot buffer zone for schools is insufficient.  Pesticide drift can occur at distances up to 0.8 mile, or 4,224 feet, from the site of application.  The legislature additionally finds that scientific evidence supports a one-half mile buffer from schools and public parks to prevent acute health effects and long-term neurological impacts on Hawaiʻi's children.

     The purpose of this Act is to:

     (1)  Require the department of agriculture to use consistent units of measurement in its summary to the public on restricted use pesticides applied; and

     (2)  Prohibit restricted use pesticides from being applied within one-half mile of schools during normal school hours or state or county public parks.

     SECTION 2.  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, in a consistent unit of measurement, by federal and state registrations or permit numbers, commercial product names, and active ingredients, for each restricted use pesticide used; and

     (2)  The amount of area in the county in which the restricted use application occurred."

     SECTION 3.  Section 149A-28, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§149A-28[]]  Buffer zones.  Beginning January 1, [2019,] 2026, no person shall apply a restricted use pesticide on or within [one hundred feet] one-half mile of a school property during normal school hours[;] or a state or county public park; provided that this section shall not apply to whole structure fumigation; provided further that if this section is determined to conflict with any pesticide application information listed on the pesticide label, the more restrictive provision shall apply."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

DOA; Pesticides; Buffer Zones; Restricted Use Pesticides; Consistent Unit of Measurement

Description:

Requires the Department of Agriculture to use consistent units of measurement in its summary to the public on the amounts of restricted use pesticides applied.  Establishes a one-half mile buffer zone for pesticides around schools during normal school hours and state and county public parks.  Effective 7/1/2050.  (SD2)

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

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 use is associated with neurological deficits and acute health effects in children.  Scientific research conducted by academic institutions and the United States Environmental Protection Agency has demonstrated that pesticides sprayed on agricultural fields can drift off site, causing adverse health effects.  Drift can occur through spray, mist, fumes, or odor during application, or through volatilization of previously treated areas.

     The legislature further finds that Act 45, Session Laws of Hawaii 2018, created a ban on chlorpyrifos--an excellent example of state regulatory action to protect the public from neurologically damaging pesticides.  However, the legislature also finds that the one hundred foot buffer zone for schools is insufficient.  Pesticide drift can occur at distances up to 0.8 mile, or 4,224 feet, from the site of application.  The legislature additionally finds that scientific evidence supports a one-half mile buffer from schools and public parks to prevent acute health effects and long-term neurological impacts on Hawaiʻi's children.

     The purpose of this Act is to:

     (1)  Require the department of agriculture to use consistent units of measurement in its summary to the public on restricted use pesticides applied; and

     (2)  Prohibit restricted use pesticides from being applied within one-half mile of schools during normal school hours or state or county public parks.

     SECTION 2.  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, in a consistent unit of measurement, by federal and state registrations or permit numbers, commercial product names, and active ingredients, for each restricted use pesticide used; and

     (2)  The amount of area in the county in which the restricted use application occurred."

     SECTION 3.  Section 149A-28, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§149A-28[]]  Buffer zones.  Beginning January 1, [2019,] 2026, no person shall apply a restricted use pesticide on or within [one hundred feet] one-half mile of a school property during normal school hours[;] or a state or county public park; provided that this section shall not apply to whole structure fumigation; provided further that if this section is determined to conflict with any pesticide application information listed on the pesticide label, the more restrictive provision shall apply."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

DOA; Pesticides; Buffer Zones; Restricted Use Pesticides; Consistent Unit of Measurement

Description:

Requires the Department of Agriculture to use consistent units of measurement in its summary to the public on the amounts of restricted use pesticides applied.  Establishes a one-half mile buffer zone for pesticides around schools during normal school hours and state and county public parks.  (SD1)

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

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 use is associated with neurological deficits and acute health effects in children.  Scientific research conducted by academic institutions and the Environmental Protection Agency has demonstrated that pesticides sprayed on agricultural fields can drift off site, causing adverse health effects.  Drift can occur through spray, mist, fumes, or odor during application, or through volatilization of previously treated areas.

     The legislature further finds that Act 45, Session Laws of Hawaii 2018, created a ban on chlorpyrifos--an excellent example of state regulatory action to protect the public from neurologically damaging pesticides.  However, the legislature also finds that the one hundred foot buffer zone for schools is insufficient.  Pesticide drift can occur at distances up to 0.8 mile, or 4,224 feet, from the site of application.  The legislature additionally finds that scientific evidence supports a one-half mile buffer from schools and public parks to prevent acute health effects and long-term neurological impacts on Hawaiʻi's children.

     The purpose of this Act is to:

     (1)  Require the department of agriculture to use consistent units of measurement in its summary to the public on restricted use pesticides used; and

     (2)  Prohibit restricted use pesticides from being applied within one-half mile of schools or state or county public parks.

     SECTION 2.  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, in a consistent unit of measurement, by federal and state registrations or permit numbers, commercial product names, and active ingredients, for each restricted use pesticide used; and

     (2)  The amount of area in the county in which the restricted use application occurred."

     SECTION 3.  Section 149A-28, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§149A-28[]]  Buffer zones.  Beginning January 1, [2019,] 2025, no person shall apply a restricted use pesticide on or within [one hundred feet] one-half mile of a school property during normal school hours[;] or a state or county public park; provided that this section shall not apply to whole structure fumigation; provided further that if this section is determined to conflict with any pesticide application information listed on the pesticide label, the more restrictive provision shall apply."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

DOA; Pesticides; Buffer Zones; Restricted Use Pesticides; Consistent Unit of Measurement

Description:

Requires the Department of Agriculture to use consistent units of measurement in its summary to the public on the amounts of restricted use pesticides used.  Establishes a one-half mile buffer zone for pesticides around schools and state and county public parks.

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. 877

Honolulu, Hawaii

RE:    S.B. No. 352

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 352, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Require the Department of Agriculture to use consistent units of measurement in its summary to the public on restricted use pesticides applied; and

     (2)  Prohibit restricted use pesticides from being applied within one-half mile of schools during normal school hours or state or county public parks.

     Your Committees received testimony in support of this measure from the Office of Hawaiian Affairs, Office of the Mayor of the County of Maui, one member of the Kauaʻi County Council, Green Party of Hawaiʻi, Hawaiʻi Alliance for Progressive Action, Hawaii Chapter of the American Academy of Pediatrics, Hawaiʻi Children's Action Network Speaks!, Chamber of Sustainable Commerce, Hawaiʻi Food+ Policy, and sixty-seven individuals.

     Your Committees received testimony in opposition to this measure from Sugarland Farms, Inc.; Western Wood Preservers Institute; Hawaii Crop Improvement Association; Hawaiʻi Farm Bureau; Land Use Research Foundation of Hawaii; and Molokai Chapter of the Hawaiʻi Farm Bureau.

     Your Committees received comments on this measure from the Department of Agriculture.

     Your Committees find that analysis of restricted use pesticide data in the State has revealed that many communities are still heavily exposed to drift-prone pesticides.  Research has shown that certain pesticides are known to drift over a mile and cause health impacts, such as bladder and colon cancers, Parkinson's disease, depression, and disruption to hormonal or endocrine systems.  Your Committees further find that keiki are particularly vulnerable to pesticide exposure.  This measure will protect the public from the neurological defects and acute health effects of pesticides.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 352, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

STAND. COM. REP. NO. 44

Honolulu, Hawaii

RE:    S.B. No. 352

       S.D. 1

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. 352 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 the Department of Agriculture to use consistent units of measurement in its summary to the public on the amounts of restricted use pesticides applied; and

     (2)  Establish a one-half mile buffer zone for restricted use pesticides around schools during certain hours and state and county public parks.

     Your Committee received testimony in support of this measure from the Office, of the Mayor of the County of Maui, one member of the Kauai 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 Hawaiʻi Farm Bureau; Hawaii Pest Control Association; Hawaii Crop Improvement Association; Land Use Research Foundation of Hawaii; CropLife America; Bowman Termite and Pest Management, LLC; and two individuals.

     Your Committee received comments on this measure from the Department of Agriculture.

     Your Committee finds that many state residents are especially concerned regarding the negative long-term health impacts of pesticide drift on children.  According to peer-reviewed epidemiological research, the one-half mile buffer zone proposed in this measure will help protect the children of the State from the impacts of restricted pesticide use exposure while they are attending school or playing in public parks.  This measure seeks to further ensure that the data collected regarding restricted use pesticide application is standardized and that those within highly sensitive areas are protected from the potential negative effects of long-term pesticide exposure.

     Your Committee has amended this measure by:

     (1)  Amending the implementation date of the one-half mile buffer zone for pesticides to begin on January 1, 2026, rather than January 1, 2025; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     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. 352, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 352, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

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