SB1960

Part I

SECTION 1. The maintenance of roadsides by state agencies presently involves the use of herbicides. There is growing evidence that the use of herbicides may be harmful to human health. There is also growing concern about their contribution to nonpoint source pollution of streams and coastal and ground water. Hawaii county and many jurisdictions in other parts of the country have developed integrated vegetation management strategies that use nonchemical methods of vegetation management whenever feasible.

The purpose of this part is to require the development and utilization of a strategy that integrates all vegetation management alternatives into a cost effective, safe vegetation management program to minimize the use of roadside chemicals.

SECTION 2. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§264- Integrated vegetation management program. (a) All state agencies responsible for the maintenance of public roadsides shall adopt and all county governmental agencies with like responsibilities are encouraged to adopt, an integrated vegetation management program that includes the use of nonchemical, nonmechanical, and nonmanual methods whenever feasible.

(b) An integrated vegetation management strategy for the control of weeds along public roads shall be designed to minimize maintenance costs and minimize chemical methods of integrated vegetation management. The overall goal shall be the reduction and minimization of herbicide use.

"Integrated vegetation management" means an approach to vegetation management that uses the right tool for each situation, including mechanical, manual, cultural, biological, chemical, thermal, and structural methods. Human health and environmental, aesthetic, and economic concerns shall be incorporated into the chosen control method as part of vegetation management decisions.

"Nonchemical methods" means methods that reduce or eliminate noxious plant and weed species, pest, or fungi through the use of mechanical, manual, cultural, biological, thermal, structural, and other methods of control.

(d) There is created the roadside vegetation committee to:

(1) Develop alternative roadside vegetation management strategies;

(2) Develop and recommend an efficient process for quality roadside design and management;

(3) Identify pesticides that are unsafe;

(4) Identify, explore, and review roadside vegetation management practices;

(5) Initiate environmentally safe roadside vegetation management demonstration programs; and

(6) Make advisory policy recommendations with respect to roadside vegetation management.

(e) The committee members shall be appointed by the director of transportation not later than sixty days from the effective date of this Act. The committee shall be composed of eight members as follows:

(1) A representative from the department of transportation;

(2) A representative from each of the respective counties of Honolulu, Maui, Hawaii, and Kauai;

(3) A representative who is an expert in the field of biodiversity;

(4) A representative from the landscape architect profession; and

(5) A representative from the environmental community.

(f) The committee shall elect a chairperson and vice- chairperson from among its members. A majority of the members shall constitute a quorum. The committee shall be placed within the department of transportation for administrative purposes. Members of the committee shall serve without compensation, but shall be reimbursed for per diem and inter-island travel expenses. The committee shall meet at least twice a year and shall submit a report on the progress made to reduce herbicide use, including any recommendations for administrative or statutory changes, to the legislature not less than twenty days prior to the convening of each regular session of the legislature."

SECTION 3. The department of transportation shall submit a preliminary report to the legislature not later than twenty days prior to the convening of the regular session of 2008 on the progress and plans to comply with section 2 of this part.

Part II

SECTION 4. The legislature finds that, on the island of Hawaii, in Hilo, five county beach parks have been maintained using environmentally sound and aesthetically pleasing nonchemical methods instead of using herbicides since 1991 without additional funding.

The purpose of this part is to require all state and county agencies responsible for the maintenance of public parks to maintain the parks using environmentally sound and aesthetically pleasing, nonchemical methods.

SECTION 5. Chapter 184, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§184- Use of herbicides to be discontinued in the maintenance of public parks. (a) All state governmental agencies responsible for the maintenance of public parks shall rely on nonchemical methods to control vegetation growth.

(b) For the purposes of this section, unless the context clearly requires otherwise:

"Nonchemical methods" means:

(1) Using mechanical means such as mowing, side cutting, weed whacking, torch burning, or hot water (steam) applications;

(2) Planting weed resistant low-growing ground cover or mulching hard-to-treat areas; and

(3) Utilizing community groups and "adopt a park", as well as other work resources, for extra hands or special projects."

SECTION 6. The department of land and natural resources shall develop and implement a plan for the phased reduction of herbicide use in the maintenance of public parks and report the nature and progress of the plan to the legislature twenty days prior to the convening of the regular session of 2008. The department of land and natural resources shall encourage and assist the counties to join and comply with the scheduled ban of herbicide use in public parks.

Part III

SECTION 7. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1960
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII