RELATING TO PESTICIDES.

HB1285

HOUSE OF REPRESENTATIVES

H.B. NO.

1285

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO PESTICIDES
.

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

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SECTION 1.
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The legislature finds that pesticide use is
associated with neurological deficits and acute health effects in children.
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Scientific research conducted by academic
institutions and the Environmental Protection Agency has demonstrated that
pesticides sprayed on agricultural fields can drift off site, causing adverse
health effects.
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Drift can occur through
spray, mist, fumes, or odor during application, or through volatilization of
previously treated areas.

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The
legislature further finds that Act 45, Session Laws of Hawaii 2018, created a
ban on chlorpyrifos--an excellent example of state regulatory action to protect
the public from neurologically damaging pesticides.
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However, the legislature also finds that the
one hundred foot buffer zone for schools is insufficient.
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Pesticide drift can occur at distances up to
0.8 mile, or 4,224 feet, from the site of application.
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The legislature additionally finds that
scientific evidence supports a one-half mile buffer from schools and public
parks to prevent acute health effects and long-term neurological impacts on
Hawai
ʻ
i's
children.

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The
purpose of this Act is to:

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(1)
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Require the department of agriculture
to use consistent units of measurement in its summary to the public on restricted
use pesticides used; and

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(2)
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Prohibit restricted use pesticides from
being applied within one-half mile of schools or state or county public parks.

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SECTION
2
.
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Section 149A-27, Hawaii Revised Statutes, is
amended to read as follows:

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

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(1)
�
The total quantities used,
in a
consistent unit of measurement,
by federal and state registrations or
permit numbers, commercial product names, and active ingredients, for each
restricted use pesticide used; and

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

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SECTION

3
.
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Section
149A-28, Hawaii Revised Statutes, is amended to read as follows:

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"
[
[
]
�149A-28[
]
]
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Buffer zones.
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Beginning January 1, [
2019,
]
2025,

no person shall apply a restricted use pesticide on or within [
one hundred
feet
]
one-half mile
of a school property during normal school hours[
;
]

or a state or county public park;
provided that this section shall not
apply to whole structure fumigation; provided further that if this section is
determined to conflict with any pesticide application information listed on the
pesticide label, the more restrictive provision shall apply."

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SECTION 4.
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Statutory material to be repealed is bracketed and stricken.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DOA;
Pesticides; Buffer Zones; Restricted Use Pesticides; Consistent Unit of
Measurement

Description:

Requires
the Department of Agriculture to use consistent units of measurement in its
summary to the public on the amounts of restricted use pesticides used.
�
Establishes a one-half mile buffer zone for
pesticides around schools and state and county public parks.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.