SB1959

SECTION 1. The legislature determines that it shall be the policy of the State to:

(1) Reduce or eliminate the use of pesticide applications by various departments; and

(2) Develop and implement integrated pest management policies in state and county agencies.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

STATE PESTICIDE MANAGEMENT PROGRAM

§ -l Definitions. As used in this chapter, unless the content clearly requires otherwise:

"Department" means any state or county agency or office.

"Integrated pest management" means a pest management method that:

(1) Combines biological, cultural, physical, and chemical tools to minimize health, environmental, and financial risks;

(2) Uses extensive knowledge about pests, such as infestation thresholds, life histories, environmental requirements, and natural enemies to complement and facilitate biological and other natural control of pests; and

(3) Uses the least toxic synthetic pesticides only as a last resort to controlling pests.

"Pest" means any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacterium, or any other microorganism, except viruses, bacterium, or any other microorganisms on or in living humans or other living animals, that the department of agriculture declares to be a pest.

"Pesticide" means:

(1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest;

(2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant; and

(3) Any substance or mixture of substances that may infest or be detrimental to vegetation, humans, animals, or households, or be present in any agricultural or nonagricultural environment.

"Toxicity category I pesticide" means any pesticide that meets United States Environmental Protection Agency criteria for toxicity category I under the Code of Federal Regulations.

§ -2 Toxicity category I pesticides. Effective July 1, 2007, no department shall use:

(1) Any toxicity category I pesticide;

(2) Any pesticide containing a chemical identified by the State as a chemical known to cause cancer or reproductive toxicity; and

(3) Any pesticide classified as a human carcinogen, probable human carcinogen, or possible human carcinogen by the United States Environmental Protection Agency, Office of Prevention, Pesticides, and Toxic Substances.

§ -3 Reduction in use of pesticides. By January 1, 2008, any department that uses one or more pesticides, other than the pesticides subject to the ban under section -2, shall reduce by fifty per cent the cumulative volume of the pesticides that it used in calendar year 2006. By January 1, 2010, any department that uses one or more pesticides, other than the pesticides subject to the ban under section -2, shall reduce by one hundred per cent the cumulative volume of the pesticides that it used in calendar year 2006, except for those pesticides that the director of health has reviewed and approved for use for purposes of protection of public safety or public health.

§ -4 Notice of pesticide use. (a) Except as provided in subsection (b), not later than one hundred twenty days after the effective date of this Act, any department using any pesticide shall comply with the following notification procedures:

(1) Signs shall be posted at least four days before application of the pesticide and remain posted at least four days after application of the pesticide;

(2) Signs shall be posted:

(A) At every entry point where the pesticide is applied, if the pesticide is applied in an enclosed area; and

(B) In highly visible locations around the perimeter of the area where the pesticide is applied, if the pesticide is applied in an open area; and

(3) Signs shall contain the name and active ingredient of the pesticide, target pest, date of pesticide use, signal word indicating the toxicity category of the pesticide, date for re-entry to the area treated, and name and contact number for the county department responsible for the pesticide application.

(b) A department shall not be required to post signs in accordance with subsection (a) in right of way locations that the general public does not use for recreational purposes; provided that each department that uses pesticides in right of way locations shall develop and maintain a public access telephone number about pesticide applications in the right of way areas. The public access number shall provide the following information regarding any pesticide that will be applied within the next four days or has been applied within the last four days:

(1) Description of the area of the pesticide application;

(2) Name and active ingredient of the pesticide;

(3) Target pest;

(4) Date of pesticide use;

(5) Signal word indicating the toxicity category of the pesticide;

(6) Re-entry date for the area treated; and

(7) Name and contact number for the department responsible for the pesticide application.

Information about the public access telephone number shall be posted in a public location at the department.

§ -5 Development and implementation of integrated pest management policy. (a) Any department that uses pesticides shall develop and implement an integrated pest management policy.

(b) The department of health shall develop and implement integrated pest management policies that emphasize the least toxic alternatives to pesticides to assist departments in preparation of their integrated pest management policy. The integrated pest management policy shall:

(1) Identify resources the department has and those it will need to implement the policy, including personnel trained in integrated pest management practices; and

(2) Identify the actions the department is taking to obtain any needed resources to implement the policy.

(d) Each department required to develop an integrated pest management policy shall submit a draft of its policy to the department of health. The department of health shall review and may make recommendations on the draft integrated pest management policy regarding conformity with long-term plans for environmental sustainability adopted by the department of health.

(e) No later than December 1, 2007, and quarterly thereafter, departments that use pesticides shall report to the department of health on the status of their efforts to adopt and implement integrated pest management policies. The department of health shall provide an annual report to the legislature on the status of department efforts.

§ -6 Recordkeeping of pesticide usage. Each department that uses pesticides shall keep records of pesticide usage. Each record shall include the following information:

(1) The pesticide used;

(2) The site of the pesticide application;

(3) The date the pesticide was used;

(4) The name of the pesticide applicator; and

(5) The application equipment used.

Records shall be made available to the public upon request in accordance with section 92-21.

§ -7 Exemptions. This chapter shall not apply to the use of any pesticide for the purpose of maintaining or improving water quality at drinking water treatment plants, wastewater treatment plants, reservoirs, and related collection, distribution, and treatment facilities."

SECTION 3. Section 149A-31, Hawaii Revised Statutes, is amended to read as follows:

"§149A-31 Prohibited acts. No person shall:

(1) Use any pesticide in a manner inconsistent with its label, except that it shall not be unlawful to:

(A) Apply a pesticide at any dosage, concentration, or frequency less than that specified on the label or labeling; provided that the efficacy of the pesticide is maintained and further provided that, when a pesticide is applied by a commercial applicator, the deviation from the label recommendations must be with the consent of the purchaser of the pesticide application services;

(B) Apply a pesticide against any target pest not specified in the labeling if the application is to a crop, animal, or site specified on the label or labeling; provided that the label or labeling does not specifically prohibit the use on pests other than those listed on the label or labeling;

(D) Mix a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the label or labeling; or

(E) Use in a manner determined by rule not to be an unlawful act;

(2) Use, store, transport, or discard any pesticide or pesticide container in any manner which would have unreasonable adverse effects on the environment;

(3) Use or apply restricted use pesticides unless the person is a certified pesticide applicator or under the direct supervision of a certified pesticide applicator with a valid certificate issued pursuant to rules adopted under section 149A-33(1);

(4) Use or apply pesticides in any manner that has been suspended, canceled, or restricted pursuant to section 149A-32.5;

(5) Falsify any record or report required to be made or maintained by rules adopted pursuant to this chapter; [or]

(6) Fill with water, through a hose, pipe or other similar transmission system, any tank, implement, apparatus, or equipment used to disperse pesticides, unless the tank, implement, apparatus, equipment, hose, pipe or other similar transmission system is equipped with an air gap or a reduced-pressure principle backflow device meeting the requirements under section 340E-2 and the rules adopted thereunder[.]; or

(7) Apply any pesticide on a public school property or playground, unless the person complies with the following notification procedures:

(A) Signs shall be posted:

(i) At least forty-eight hours before application of the pesticide and remain posted at least forty-eight hours after application of the pesticide;

(ii) At every entry point where the pesticide is applied if the pesticide is applied in an enclosed area; and

(iii) In highly visible locations around the perimeter of the area where the pesticide is applied, if the pesticide is applied in an open area; and

(B) Signs shall contain the name and active ingredient of the pesticide, target pest, date of pesticide use, signal word indicating the toxicity category of the pesticide, date for re‑entry to the area treated, name and contact number for the department responsible for the application, and a symbol indicating danger, such as the skull and crossbones."

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, provided that section 3 shall take effect one hundred twenty days after its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1959
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII