STAND. COM. REP. NO. 668-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2565

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2565, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require the Department of Agriculture, in consultation with the Department of Health, to develop and implement a Pesticide Disposal Amnesty Program (Program) to provide a one-time, affordable, and environmentally accessible means for the disposal of restricted use pesticides and nonrestricted use pesticides from a bona fide agricultural entity;

(2) Convene a steering committee to guide and monitor the Program; and

(3) Appropriate funds for purposes of the Program.

Your Committee received testimony in support of this measure from the Western Plant Health Association; Hawaii Alliance for Progressive Action; Larry Jefts Farms, LLC; and four individuals. Your Committee received testimony in opposition to this measure from one individual. Your Committee received comments on this measure from the Department of Health, Department of Agriculture, Hawaii Pest Control Association, Hawaii Center for Food Safety, Young Progressives Demanding Action, Hawaii Farm Bureau, and fourteen individuals.

Your Committee finds that responsible environmental stewardship requires management and supervision of the safe collection and lawful disposal of banned, outdated, or unwanted pesticides. Your Committee believes that this measure addresses this need by establishing a one-time, affordable, and environmentally accessible means for the disposal of pesticides.

Your Committee has amended this measure by:

(1) Clarifying that the Department of Agriculture shall not charge a fee for the disposal of restricted use pesticides or nonrestricted use pesticides that include an active ingredient of restricted use pesticide or nonrestricted use pesticide weighing less than five pounds or fifteen gallons, but may charge a fee for disposal of a nonrestricted use pesticide that includes an active ingredient weighing five pounds or more or fifteen gallons or more;

(2) Inserting language which increases fines for pesticide use violations; and

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

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2565, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 2565, H.D. 2.

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

____________________________

CHRIS LEE, Chair