REPORT TITLE:
Pesticides


DESCRIPTION:
Allows the pesticide use revolving fund to be used for the
development of integrated pest management strategies and
personnel costs.  Exempts pesticides deregulated by the U.S.
Environmental Protection Agency from regulation in Hawaii.
(HB2405 SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2405
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO PESTICIDES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 149A-2, Hawaii Revised Statutes, is
 
 2 amended by adding two new definitions to be appropriately
 
 3 inserted and to read as follows:
 
 4      ""Integrated pest management" means a sustainable approach
 
 5 to managing pests by combining biological, cultural, physical,
 
 6 and chemical tools, and nonchemical methods in a way that
 
 7 minimizes economic, health, and environmental risks.
 
 8      "Nonchemical methods" means using mechanical means such as
 
 9 mowing, side cutting, weed whacking, torch burning, or hot water
 
10 (steam) applications; planting weed-resistant, low-grown, ground
 
11 cover, or mulching hard-to-treat areas; and utilizing community
 
12 groups, adopt-a-park, and other work resources for extra hands or
 
13 special projects.""
 
14      SECTION 2.  Section 149A-13.5, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "[[]§149A-13.5[]]  Pesticide use revolving fund; pesticide
 
17 training workshops; training fee.(a)  There is established
 
18 within the treasury of the State, a pesticide use revolving fund.
 
19 The fund shall be administered by the department for the purposes
 

 
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 1 of this section.  The fund shall consist of:
 
 2      (1)  Licensing and registration fees and charges collected
 
 3           by the department under section 149A-13(b); and
 
 4      (2)  All fees collected by the department through the
 
 5           collection of training fees in accordance with
 
 6           subsection (c).
 
 7      (b)  Moneys in the pesticide use revolving fund shall be
 
 8 expended by the department to support the pesticide program's
 
 9 registration and licensing, certification and education, and
 
10 compliance monitoring activities.  The department shall also
 
11 expend revolving fund moneys on the establishment of pesticide
 
12 training workshops, educational programs, development of
 
13 integrated pest management strategies, and other services for
 
14 pesticide users such as the agricultural pest control industry,
 
15 the structural pest control industry, and consumer users of
 
16 pesticides, which provide pesticide instruction in areas[,]
 
17 including but not limited to[,] the collection, disposal, and
 
18 recycling of pesticide containers and all other pesticide
 
19 services deemed necessary by the department.  Moneys from the
 
20 revolving fund may be used for [the purchase of] personnel,
 
21 services, materials, and equipment[.] for the purposes of this
 
22 section; provided that the use of moneys from the revolving fund
 
23 for personnel costs shall be limited to those employees under the
 

 
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 1 registration and education section of the department's pesticides
 
 2 branch.
 
 3      Moneys expended by the department from the pesticide use
 
 4 revolving fund for training workshops, educational programs, and
 
 5 other services for the agricultural pest control industry, the
 
 6 structural pest control industry, and consumer groups shall be
 
 7 [done so] expended in a manner that appropriately addresses the
 
 8 needs of each category of pesticide user.
 
 9      (c)  The department may set fees for the educational
 
10 services and training provided under this section.
 
11      (d)  All interest earned on the deposit or investment of the
 
12 moneys in the fund shall become a part of the fund.
 
13      (e)  The balance in the revolving fund shall not exceed
 
14 $250,000.  All amounts in excess of the $250,000 shall be
 
15 deposited to the credit of the state general fund.
 
16      (f)  The department shall submit an annual report to the
 
17 legislature on all moneys deposited into, and disbursed from, the
 
18 pesticide use revolving fund.  The report shall be submitted to
 
19 the legislature not less than twenty days prior to the convening
 
20 of each regular session.  The report shall group all moneys
 
21 deposited into, and disbursed from, the revolving fund according
 
22 to the categories established in subsections (a) to (e)."
 
23      SECTION 3.  Section 149A-16, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "§149A-16  Coloration of certain pesticides.  [(a)
 
 3 Pesticides known as standard lead arsenate, basic lead arsenate,
 
 4 calcium arsenate, magnesium arsenate, zinc arsenate, zinc
 
 5 arsenite, sodium fluoride, sodium fluosilicate, or barium
 
 6 fluosilicate shall be distinctly colored as specified by rule.
 
 7      (b)]  The department may require, by rule, the distinct
 
 8 coloration of [other] certain pesticides [that it] as the EPA
 
 9 determines or, for a product registered pursuant to section
 
10 149A-19(a)(6), as the department determines to be necessary to
 
11 protect [the] public health and the environment."
 
12      SECTION 4.  Section 149A-19, Hawaii Revised Statutes, is
 
13 amended by amending subsection (a) to read as follows:
 
14      "(a)  The board, after having afforded interested and
 
15 affected parties an opportunity to be heard and, in instances in
 
16 which human health is affected, after consultation with the
 
17 director of health, shall [make and] adopt rules[:
 
18      (1)  To declare as a pest any form of plant or animal life
 
19           or virus which is injurious to plants, humans, domestic
 
20           animals, articles, or substances;
 
21      (2)  To determine] to:
 
22      (1)  Determine the pesticides [which] that are highly toxic
 
23           to humans[; to], designate pesticides as restricted use
 

 
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 1           or nonrestricted use[;], and [to] establish a system of
 
 2           control over the distribution and use of certain
 
 3           pesticides and devices purchased by the consuming
 
 4           public;
 
 5     [(3)  To determine] (2)  Determine standards of coloring for
 
 6           pesticides, and [to] subject pesticides to the
 
 7           requirements of section 149A-16;
 
 8     [(4)  To establish] (3)  Establish procedures, conditions,
 
 9           and fees for the issuance of licenses for sale of
 
10           restricted use pesticides;
 
11     [(5)  To establish] (4)  Establish fees for the licensing of
 
12           pesticides within the limitations of section
 
13           149A-13(b);
 
14     [(6)  To establish] (5)  Establish procedures for the
 
15           licensing of pesticides;
 
16     [(7)  To establish] (6)  Establish procedures for the
 
17           registration of pesticides under provisions of section
 
18           24(c), FIFRA;
 
19     [(8)  To establish] (7)  Establish procedures for the
 
20           disposal of pesticides; and
 
21     [(9)  To establish] (8)  Establish procedures to issue
 
22           experimental use permits under provisions of section 5
 
23           of FIFRA."
 

 
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 1      SECTION 5.  Section 149A-37, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§149A-37  Exemptions.  (a)  Exemption from this chapter may
 
 4 be granted by the department to the University of Hawaii and
 
 5 other state and federal agencies for experimental or research
 
 6 work directed toward obtaining knowledge of the characteristics
 
 7 and proper usage of unspecified or experimental pesticides.
 
 8 Research and experimental work conducted by private agencies with
 
 9 adequate research facilities may also be similarly exempted upon
 
10 approval by the department.  Approval [must] shall be in writing
 
11 stating the specific exemptions and conditions.
 
12      (b)  Any pesticide exempted by the Administrator of the EPA
 
13 pursuant to title 7, United States Code, section 136w(b), shall
 
14 be exempt from this chapter, if the pesticide product meets the
 
15 terms and conditions of the EPA's exemption, except for
 
16 pesticides that the department has determined by rule may cause
 
17 unreasonable adverse effects on the environment."
 
18      SECTION 6.  Section 149A-41, Hawaii Revised Statutes, is
 
19 amended by amending subsection (b) to read as follows:
 
20      "(b) [Civil] Administrative penalties.
 
21      (1)  In general, any registrant, commercial applicator,
 
22           wholesaler, dealer, retailer, or other distributor who
 
23           violates any provision of this chapter may be assessed
 

 
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 1           [a civil] an administrative penalty by the board of not
 
 2           more than $5,000 for each offense[.];
 
 3      (2)  Any private applicator or other person not included in
 
 4           paragraph (1) who violates any provision of this
 
 5           chapter relating to the use of pesticides while on
 
 6           property owned or rented by that person or the person's
 
 7           employer, subsequent to receiving a written warning
 
 8           from the department or following a citation for a prior
 
 9           violation, may be assessed [a civil] an administrative
 
10           penalty by the board of not more than $1,000 for each
 
11           offense.  Any private applicator or other person not
 
12           included in paragraph (1) who violates any provision of
 
13           this chapter relating to licensing, transport, sale,
 
14           distribution, or application of a pesticide for
 
15           commercial purposes may be assessed [a civil] an
 
16           administrative penalty as provided in paragraph (1).
 
17      (3)  No [civil] administrative penalty shall be assessed
 
18           unless the person charged shall have been given notice
 
19           and an opportunity for a hearing on the specific charge
 
20           in the county of the residence of the person charged.
 
21           The [civil] administrative penalty and any proposed
 
22           action contained in the notice of finding of violation
 
23           shall become a final order unless, within twenty days
 

 
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 1           of receipt of the notice, the person or persons charged
 
 2           make a written request for a hearing.  In determining
 
 3           the amount of penalty, the board shall consider the
 
 4           appropriateness of the penalty to the size of the
 
 5           business of the person charged, the effect on the
 
 6           person's ability to continue business, and the gravity
 
 7           of the violation[.]; and
 
 8      (4)  In case of inability to collect the [civil]
 
 9           administrative penalty or failure of any person to pay
 
10           all or such portion of the [civil] administrative
 
11           penalty as the board may determine, the board shall
 
12           refer the matter to the attorney general, who shall
 
13           recover the amount by action in the appropriate court.
 
14           For any judicial proceeding to recover the
 
15           administrative penalty imposed, the attorney general
 
16           need only show that notice was given, a hearing was
 
17           held or the time granted for requesting a hearing has
 
18           expired without such a request, the administrative
 
19           penalty was imposed, and that the penalty remains
 
20           unpaid."
 
21      SECTION 7.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 
23      SECTION 8.  This Act shall take effect on July 1, 2000.