Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2006

State of Hawaii

Sir:

Your Committees on Energy, Environment, and International Affairs and Water, Land, and Agriculture, to which was referred S.B. No. 3179 entitled:

beg leave to report as follows:

The purpose of this measure is to regulate the sale, distribution, and use of fertilizers, soil amendments, and liming materials in the State.

The Conservation Council for Hawaii and the Sierra Club submitted testimony in support of this measure. The Department of Health and the Hawaiian Alliance for Responsible Technologies & Science submitted testimony in opposition to this measure. The Hawaii Farm Bureau submitted comments.

According to the Department of Health, current administrative rules require a fertilizer manufacturer to notify the Department of Health if hazardous waste is a component of their product. Further, if a fertilizer fails to meet the standards for placement on land, the manufacturer becomes subject to hazardous waste regulations, including manifests and a ninety-day limit on storage.

Your Committee finds that there is a concern regarding the impact of waste-derived fertilizers, especially a consumer or end user's possible exposure to hazardous substances. Consumers should be informed of the presence of waste-derived fertilizers and a fertilizer's label should disclose whether the fertilizer is made from recycled hazardous waste.

Upon further consideration, your Committee amended this measure by:

As affirmed by the records of votes of the members of your Committees on Energy, Environment, and International Affairs and Water, Land, and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 3179, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 3179, S.D. 1, and be referred to the Committee on Commerce, Consumer Protection, and Housing.