Hawaii-2018-HB253-Amended

HOUSE OF REPRESENTATIVES	H.B. NO.	253
TWENTY-NINTH LEGISLATURE, 2017		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PESTICIDES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the pesticide chlorpyrifos is a concern to the State. The Environmental Protection Agency issued a revised human health risk assessment in 2014 that showed potential risks to small watersheds with high concentrations of farming where chlorpyrifos may be widely used following an assessment of the Pacific northwest and southwest regions; Hawaii has yet to be assessed. According to the Environmental Protection Agency, chlorpyrifos can overstimulate the nervous system, causing nausea, dizziness, confusion, and, at very high exposures, respiratory paralysis and death. Extensive scientific studies show exposing children or pregnant women to chlorpyrifos in even small amounts may cause developmental delays, permanently reduced cognitive capacity, behavioral problems, and learning disabilities. The Environmental Protection Agency issued a proposal on October 30, 2015, to revoke all chlorpyrifos tolerances; however, it may take a year or more for the agency to reach a final decision.

The legislature further finds that, recently, a West Kauai agribusiness operation sent at least ten farm workers to the hospital after exposure to chlorpyrifos and that chlorpyrifos has been found in the air at Waimea Canyon middle school and in the water in the Kekaha ditch, as well as in streams in the county of Hawaii.

The purpose of this Act is to ban the use of pesticides containing the active ingredient chlorpyrifos within the State.

SECTION 2. Section 149A-31, Hawaii Revised Statutes, is amended to read as follows:

"§149A-31 Prohibited acts. No person shall:

(1) Use any pesticide in a manner inconsistent with its label, except that it shall not be unlawful to:

(A) Apply a pesticide at any dosage, concentration, or frequency less than that specified on the label or labeling; provided that the efficacy of the pesticide is maintained and further provided that, when a pesticide is applied by a commercial applicator, the deviation from the label recommendations must be with the consent of the purchaser of the pesticide application services;

(B) Apply a pesticide against any target pest not specified in the labeling if the application is to a crop, animal, or site specified on the label or labeling; provided that the label or labeling does not specifically prohibit the use on pests other than those listed on the label or labeling;

(D) Mix a pesticide or pesticides with a fertilizer when such mixture is not prohibited by the label or labeling; or

(E) Use in a manner determined by rule not to be an unlawful act;

(2) Use, store, transport, or discard any pesticide or pesticide container in any manner which would have unreasonable adverse effects on the environment;

(3) Use or apply restricted use pesticides unless the person is a certified pesticide applicator or under the direct supervision of a certified pesticide applicator with a valid certificate issued pursuant to rules adopted under section 149A-33(1); provided that it shall be prohibited to use or apply a restricted use pesticide for structural pest control uses for a fee or trading of services, unless the user or applicator is a pest control operator or is employed by a pest control operator licensed under chapter 460J;

(4) Use or apply pesticides in any manner that has been suspended, canceled, or restricted pursuant to section 149A-32.5;

(5) Falsify any record or report required to be made or maintained by rules adopted pursuant to this chapter; [or]

(6) Fill with water, through a hose, pipe, or other similar transmission system, any tank, implement, apparatus, or equipment used to disperse pesticides, unless the tank, implement, apparatus, equipment, hose, pipe, or other similar transmission system is equipped with an air gap or a reduced-pressure principle backflow device meeting the requirements under section 340E-2 and the rules adopted thereunder[.]; or

(7) Use pesticides containing the active ingredient chlorpyrifos."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 31, 2150.