RELATING TO PESTICIDE BUFFER ZONES.

HB873

HOUSE OF REPRESENTATIVES

H.B. NO.

873

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to pesticide buffer zones
.

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 certain pesticides
used in agriculture and landscaping are proven to pose a significant risk to
public health, particularly to children who are more vulnerable to
environmental toxins while their bodies are still developing.
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Research has shown that pesticides can
interfere with brain development, leading to cognitive deficits, behavioral
problems, and learning disabilities.
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Studies have linked pesticide exposure to an increased risk of attention
deficit hyperactivity disorder and other developmental disorders.
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Additionally, short-term exposure to
pesticides can cause symptoms like nausea, dizziness, headaches, and skin or
eye irritation, while long-term exposure has been linked to more serious
conditions, such as cancers like non-Hodgkin lymphoma and neurological diseases
like Parkinson's disease.

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The legislature further finds that
compelling evidence exists that underscores the importance of reducing
children's exposure to pesticides, particularly in environments such as
schools.
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Pesticide buffer zones around
schools are an important tool used to mitigate these risks by minimizing
exposure and protecting students and communities from the health hazards
associated with exposure to pesticide drift, which occurs when pesticides are
unintentionally carried away from the targeted area of application by wind or
other environmental means to a non-targeted area.
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Although Hawaii has an established school buffer
zone of one hundred feet, studies have found this is inadequate to provide
protection for school children from pesticide drift.

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Accordingly, the purpose of this Act
is to:

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(1)
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Increase the buffer zone around schools from
one hundred feet to one-half mile; and

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(2)
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Allow the use of restricted use pesticides
within the buffer zone as part of invasive species control conducted by the
department of agriculture or invasive species committees organized under the university
of Hawaii Pacific cooperative studies unit.

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SECTION
2
.
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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.
�
Beginning January 1, 2019, 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; provided that this
section shall not apply to [
whole
]
:

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(1)
�
Whole

structure fumigation;
or

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(2)
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Invasive
species control conducted by the department of agriculture or any invasive
species committee organized under the university of Hawaii Pacific cooperative
studies unit;

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
2.
�
Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 3.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Restricted
Use Pesticides; Schools; Buffer Zone; Exemptions; Invasive Species Control

Description:

Increases
the buffer zone for restricted use pesticides around schools to one-half
mile.
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Allows
the use of
restricted use pesticides within the buffer zone as part of invasive species
control conducted by the Department of Agriculture or invasive species
committees organized under the University of Hawaii Pacific Cooperative Studies
Unit
.

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