STAND. COM. REP. NO. 3296

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2405
                                        H.D. 2
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B.
No. 2405, H.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO PESTICIDES,"

begs leave to report as follows:

     The purpose of this bill is to amend the Hawaii Pesticides
Law.

     Specifically, this bill:

     (1)  Defines "integrated pest management" to mean a
          sustainable approach to managing pests by combining
          biological, cultural, physical, and chemical tools, and
          nonchemical methods in a way that minimizes economic,
          health, and environmental risks;

     (2)  Expands the definition of "pest" to include organisms
          that are injurious to plants, humans, domestic animals,
          articles or substances, or the environment;

     (3)  Allows moneys in the pesticide use revolving fund to be
          used for the development of integrated pest management
          strategies and personnel;


 
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     (4)  Repeals (A) the $250,000 cap on the revolving fund's
          balance and (B) the requirement that excess amounts in
          the revolving fund to be transferred to the state
          general fund;

     (5)  Authorizes the Department of Agriculture to require the
          distinct coloration of certain pesticides through
          procedures for the disposal of pesticides;

     (6)  Exempts from the Hawaii Pesticides Law, any pesticide
          that is exempted from the federal pesticides law by the
          Administrator of the United States Environmental
          Protection Agency; and

     (7)  Allows the Board of Agriculture to impose
          administrative, rather than civil, penalties.

     Your Committee has amended this bill by:

     (1)  Expanding the definition of "integrated pest
          management" to include nonchemical methods;

     (2)  Defining "nonchemical methods" to mean using mechanical
          means such as mowing, side cutting, weed whacking,
          torch burning, or hot water (steam) applications;
          planting weed-resistant, low-grown, ground cover, or
          mulching hard-to-treat areas; and utilizing community
          groups, adopt-a-park, and other work resources for
          extra hands or special projects;

     (3)  Deleting the provision that expands the definition of
          "pest" to include organisms that are injurious to
          plants, humans, domestic animals, articles or
          substances, or the environment;

     (4)  Limiting the use of moneys from the pesticide use
          revolving fund for personnel costs, to those employees
          under the registration and education section of the
          Department of Agriculture's pesticide branch;

     (5)  Deleting the provision that repeals (A) the $250,000
          cap on the revolving fund's balance and (B) the
          requirement that excess amounts in the revolving fund
          to be transferred to the state general fund;


 
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     (6)  Requiring the Department of Agriculture to submit an
          annual report to the Legislature on all moneys
          deposited into, and disbursed from, the revolving fund
          according to the categories established by law; and

     (7)  Authorizing the Department to require the distinct
          coloration of certain pesticides through procedures for
          the registration, rather than the disposal, of
          pesticides.

     As affirmed by the record of votes of the members of your
Committee on Ways and Means that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2405, H.D. 2, as amended herein, and recommends that it pass
Third Reading in the form attached hereto as H.B. No. 2405, H.D.
2, S.D. 1.

                                 Respectfully submitted on behalf
                                 of the members of the Committee
                                 on Ways and Means,



                                 ________________________________
                                 CAROL FUKUNAGA, Co-Chair



                                 ________________________________
                                 ANDREW LEVIN, Co-Chair

 
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