SB799.DOC

SECTION 1. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . PESTICIDES

§321- Definitions. As used in this part, unless the context clearly requires otherwise:

"Department" means the department of health.

"Outdoor application" means an application of a pesticide made outside of a building or enclosed structure. The term excludes indoor applications of pesticides and structural or termite application of pesticides, regardless of whether such applications are applied inside or outside of a building or enclosed structure.

§321- Disclosure and notification of pesticide use. Beginning July 1, 2016, any entity or person that annually uses or purchases in excess of pounds or gallons of pesticides during a prior calendar year shall disclose the use of all pesticides in compliance with the following disclosure and notification requirements:

(1) Provide public posting of warning signs in the area in which pesticides are to be applied a minimum of twenty-four hours prior to the outdoor application of any pesticide. The warning signs shall remain posted during the outdoor application of any pesticide and until expiration of the applicable restricted-entry interval established by the Environmental Protection Agency for the particular pesticide. The posting of warning signs during and after the outdoor application of any pesticide shall conform to the worker protection standard established by the Environmental Protection Agency. The pesticide warning signs shall contain but not be limited to the following information:

(A) The trade name of the pesticide to be applied;

(B) The name of the active ingredient or ingredients of the pesticide to be applied;

(C) The potential hazards to humans and domestic animals as listed in the precautionary statements of the pesticide's label; and

(D) Emergency telephone numbers to call in case of poisoning from the pesticide.

(2) Provide pre‑application written notification to any entity or person within feet of the property line where the pesticide is anticipated to be applied outdoors a minimum of twenty-four hours prior to the outdoor application of any pesticide. The pre-application written notifications shall contain but not be limited to the following information:

(A) The trade name of the pesticide to be applied;

(B) The name of the active ingredient or ingredients of the pesticide to be applied;

(C) The potential hazards to humans and domestic animals as listed in the precautionary statements of the pesticide's label; and

(D) Emergency telephone numbers to call in case of poisoning from the pesticide.

(3) No later than sixty days following the end of each calendar year, any entity or person subject to this section shall provide annual public reports of all pesticides used in outdoor applications during the prior calendar year to the department of health and department of agriculture. The annual public reports shall be posted online on each of the departments' websites. The annual public reports shall contain but not be limited to the following information:

(A) A listing of all pesticides used in outdoor applications by federal and state registrations or permit numbers, commercial product names, and active ingredients;

(B) The total quantities used for each pesticide; and

(C) A general description of the geographic location, including at minimum the tax map key and ahupuaa where the pesticides were used."

SECTION 2. The department of health shall adopt rules, pursuant to chapter 91, Hawaii Revised Statutes, necessary for the purposes of this Act.

SECTION 3. Nothing in this Act shall be construed to prohibit or preempt the authority of an unit of local government in the State of Hawaii, including counties and any other political subdivisions created under article VIII, section 1, of the Hawaii State Constitution, to regulate pesticide disclosure, notification, and use in a manner that is equivalent to or more restrictive than the provisions contained in this Act.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	799
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII