SB801.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 . RESTRICTED USE PESTICIDE DISCLOSURE REQUIREMENTS

§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 restricted use pesticide made outside of a building or enclosed structure. The term excludes indoor applications of restricted use pesticides and structural or termite application of restricted use pesticides, regardless of whether such applications are applied inside or outside of a building or enclosed structure.

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

(1) Provide public posting of warning signs in the area in which restricted use pesticides are to be applied a minimum of twenty-four hours prior to the outdoor application of any restricted use pesticide. The warning signs shall remain posted during the outdoor application of any restricted use pesticide and until expiration of the applicable restricted-entry interval established by the Environmental Protection Agency for the particular restricted use pesticide. The posting of warning signs during and after the outdoor application of any restricted use 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 restricted use pesticide to be applied;

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

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

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

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

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

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

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

(D) Emergency telephone numbers to call in case of poisoning from the restricted use 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 restricted use 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 restricted use 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 restricted use pesticide; and

(C) A general description of the geographic location, including at minimum the tax map key and ahupuaa where the restricted use 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 restricted use 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.	801
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII