STAND. COM. REP. NO.  199

Honolulu, Hawaii

                , 2017

RE:   H.B. No. 1571

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Agriculture and Energy & Environmental Protection, to which was referred H.B. No. 1571 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL PROTECTION,"

beg leave to report as follows:

The purpose of this measure is to protect public health and safety from the unintended impacts of large-scale agricultural pesticide use by:

     (1)  Making the reporting guidelines of the Kauai Agricultural Good Neighbor Program mandatory for large-scale, outdoor commercial agricultural operations across the State;

     (2)  Establishing disclosure and public notification requirements for outdoor applications of pesticides in, as well as in proximity to, schools, healthcare facilities, childcare and eldercare facilities, and other sensitive areas; and

     (3)  Establishing a pilot program for vegetative buffer zones, as recommended by the independent Joint Fact Finding Study Group, around selected schools within the State.

The Hawaii Nurses Association, OPEIU Local 50, IMUAlliance, Earth As One, Democratic Party of Hawaii, GMO Free Kauai, A‘a Li‘i Farm, and numerous concerned individuals testified in support of this measure.  Ponoholo Ranch Limited, Maui County Farm Bureau, Island Princess Macadamia Nut Company, Monsanto, Hawaii Crop Improvement Association, Western Plant Health Association, CropLife America, Hawaii Farm Bureau, Dole Food Company Hawaii, Hawaii Floriculture & Nursery Association, Hawaii Cattlemens Council, and numerous concerned individuals testified in opposition to this measure.  The Department of Agriculture and several concerned individuals provided comments.

     Your Committees have amended this measure by:

     (1)  Specifying that the disclosure and public notification requirements for outdoor applications of pesticides, the restrictions on pesticide use by a commercial agricultural entity near schools with an established buffer zone, and the method used to determine areas around schools where buffer zones should be established are applicable to annual purchases or uses of restricted use pesticides in excess of 10 pounds or 10 gallons;

     (2)  Changing its effective date to July 31, 2150, to facilitate further discussion; and

     (3)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Agriculture and Energy & Environmental Protection that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1571, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1571, H.D. 1, and be referred to your Committee on Water & Land.

Respectfully submitted on behalf of the members of the Committees on Agriculture and Energy & Environmental Protection,

____________________________ CHRIS LEE, Chair

____________________________ RICHARD P. CREAGAN, Chair