Hawaii-2023-HB253-Introduced

SECTION 1. The legislature finds that pesticide exposure can cause significant harm to public health and the environment. Restricted use pesticides have been deemed to have a high potential to cause harm to surrounding communities, farm workers, pollinators, the environment, and other crops. As such, comprehensive pesticide use data is essential to accurately assess risks and ensure that communities are protected from adverse impacts.

The legislature further finds that Act 45, Session Laws of Hawaii 2018, established requirements intended to address pesticide abuse in Hawaii, including requiring all users of restricted use pesticides to annually report on their use of restricted use pesticides to the department of agriculture. However, robust and meaningful analysis of environmental and public health impacts of pesticides is contingent on more comprehensive reporting.

The legislature also finds that currently, users are required to report the address, tax map key, and location of the application site but are not required to provide specific geospatial data that could provide comprehensive mapping of pesticide impacts. This poses difficulties to communities who live adjacent to large tracts of agricultural land. According to the state sponsored Joint Fact Finding Group study, Pesticide Use by Large Agribusinesses on Kaua‘i (2016), "more information is needed about the time and place of applications along with greater oversight to ensure compliance on all Islands. Again, California appears to lead the nation in studies of chronic health effects and/or associations with pesticide use. They are able to reach this level of scientific inquiry because they require careful reporting of pesticide applications that specify what was sprayed, where, when, and in what quantities." Improved reporting in Hawaii can provide policymakers and public health experts with important data with which to make evidence-based decisions about pesticide use.

The purpose of this Act is to protect the health of Hawaii's environment and people and enable more informed public health decision-making by improving reporting requirements for restricted use pesticides by:

(1) Requiring monthly rather than annual reporting of pesticide use;

(2) Amending the contents of the reports to include detailed geospatial information, site specific identifying information, and increased detail and uniformity in amount of product and chemical applied; and

(3) Requiring the department of agriculture to develop an online reporting tool for restricted use pesticides.

SECTION 2. Section 149A-26, Hawaii Revised Statutes, is amended to read as follows:

"[[]§149A-26[]] Post-application reporting of pesticide use. (a) [~~Beginning January 1, 2019, every~~] Every user of restricted use pesticides shall be subject to the requirement to submit to the department, for departmental use, [~~an annual~~] a monthly report of all use of restricted use pesticides as provided in this section.

(b) No later than thirty days following the end of each [~~calendar year,~~] month, every entity that uses restricted use pesticides shall provide to the department a report of all restricted use pesticides used during the preceding calendar [~~year.~~] month.

(c) The department shall adopt rules pursuant to chapter 91 requiring that the [~~annual~~] monthly reports include the following information:

(1) A listing, by federal and state registrations or permit numbers, commercial product names, and active ingredients, of all restricted use pesticides used;

(2) The total quantities used for each restricted use pesticide[;], listed by type in pounds of active ingredient applied and percentage of active ingredient found in any restricted use pesticide applied;

(3) A [~~general~~] detailed description of the geographic location, including, at a minimum[,]:

(A) Geospatial data and information up to an area of one square mile;

(B) Specific site information, including commodity or crop information; and

(4) The date on which the restricted use pesticide application occurred."

SECTION 3. Section 149A-27, Hawaii Revised Statutes, is amended to read as follows:

"[[]§149A-27[]] Public reports; contents. The department shall produce a summary, for public disclosure, by county, that includes:

(1) The total quantities used, by federal and state registrations or permit numbers, commercial product names, and active ingredients, for each restricted use pesticide used[~~; and~~], including a breakdown by type in pounds of active ingredient applied and percentage of active ingredient found in any restricted use pesticide applied;

(2) The amount of area in the county in which the restricted use application occurred[.];

(3) Geospatial data and information up to an area of one square mile where the restricted use application occurred; and

(4) Specific site information, including commodity or crop information where the restricted use application occurred."

SECTION 4. The department of agriculture shall develop an online reporting tool for restricted use pesticide reporting pursuant to section 149A-26, Hawaii Revised Statutes.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2023.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	253
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII