STAND. COM. REP. NO.  251

Honolulu, Hawaii

                , 2013

RE:   H.B. No. 673

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

Sir:

     Your Committee on Agriculture, to which was referred H.B. No. 673 entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

begs leave to report as follows:

The purpose of this measure is to establish and implement a comprehensive pesticide reporting system program in Hawaii.  Specifically, the program requires:

(1)  Users of pesticides to report to the Department of Agriculture (DOA);

(2)  DOA to maintain public records of the usage; and

(3)  The Department of Health (DOH) to investigate health complaints linked to the usage of pesticides.

Babes Against Biotech, Kaulana Pali Kai, GMO Free Kauai, GMO Free Maui, GMO Free Oahu, GMO Free Big Island, and numerous individuals testified in support of this measure.  Hawaii Pest Control Association, Syngenta Hawaii, LLC, Hawaii Farm Bureau Federation, Hawaii Crop Improvement Association, Hawaii Cattlemen's Council, Alexander & Baldwin, Inc., and Hawaiian Commercial & Sugar Company testified in opposition to this measure.  The Department of Agriculture and three individuals offered comments.

     In considering this measure, your Committee found that the broad nature of the reporting system and the potential expense of developing such a system needed more time to be worked out.  Also, testimony from commercial and urban pesticide businesses urged that this bill not place additional reporting burdens on them.  Concerned testifiers made clear that they wanted to have more options available to find out what sort of pesticides are being sprayed near where they live.

     Accordingly, your Committee has amended this measure by:

(1)  Limiting DOA annual reporting requirements to restricted use pesticides and removing the requirement for zip code information for the locations of use in order to conform with the reporting data already collected by the department;

(2)  Requiring the DOA annual report to include recommendations on how the public and private sectors can work together to address pesticide use issues;

(3)  Including a process by which abutting property owners can inquire with private or commercial pesticide applicators about pesticides being used;

(4)  Removing all provisions relating to the requirement that DOH investigate all pesticide related health complaints reported to it;

(5)  Removing the requirement that DOA coordinate with DOH when categorizing restricted use pesticide use, and removing industrial and urban commercial pesticide use from the categorization requirements;

(6)  Removing the requirement that retail establishments report their inventory of pesticides and their sale of pesticides;

(7)  Removing the requirement that all importers report pesticides that they are importing; and

(8)  Changing its effective date to July 1, 2050, to encourage further discussion.

     Technical, nonsubstantive amendments were also made for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 673, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 673, H.D. 1, and be referred to the Committee on Health.

Respectfully submitted on behalf of the members of the Committee on Agriculture,

____________________________

JESSICA WOOLEY, Chair