STAND. COM. REP. NO.  470

Honolulu, Hawaii

                , 2017

RE:   H.B. No. 790

      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 Energy & Environmental Protection and Agriculture, to which was referred H.B. No. 790 entitled:

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

beg leave to report as follows:

The purpose of this measure is to protect the State's environment and residents from the unintended impacts of large-scale 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; and

     (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.

Hawaii Farmers Union United, Progressive Democrats of Hawaii, Democratic Party of Hawaii, Hawaii Center for Food Safety, Hawaii Nurses Association OPEIU Local 50, GMO Free Maui, Americans for Democratic Action, Hawaii Alliance for Progressive Action, Pesticide Action Network North America, and numerous individuals supported this measure.  Western Plant Health Association, Hawaii Crop Improvement Association, Ponoholo Ranch Limited, CorpLife America, Hawaii Farm Bureau, Dole Food Company, Hawaii Cattlemen's Council, Monsanto, Hawaii Farmers & Ranchers United, and numerous concerned individuals opposed this measure.  The Department of Agriculture provided comments.  

     Your Committees have amended this measure by:

     (1)  Specifying that the disclosure and public notification requirements for outdoor applications of pesticides 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 January 28, 2081, to encourage 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 Energy & Environmental Protection and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 790, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 790, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

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

____________________________ RICHARD P. CREAGAN, Chair

____________________________ CHRIS LEE, Chair