RELATING TO PESTICIDES.

SB2103

THE SENATE

S.B. NO.

2103

THIRTY-THIRD LEGISLATURE, 2026

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

����
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.
�
However, the legislature also finds that the
one hundred foot buffer zone for schools is insufficient.
�
Pesticide drift can occur at distances up to
0.8 mile, or 4,224 feet, from the site of application.
�
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 the
State's children.

����
The
purpose of this Act is to:

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

����
(2)
�
Prohibit restricted use pesticides from
being applied within one-half mile of schools during normal school hours or state
or county public parks, with certain exceptions.

����
SECTION
2
.
�
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,
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

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

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

����
"[
[
]
�149A-28[
]
]
�
Buffer zones.
�
Beginning January 1, [
2019,
]
2027,

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[
;
]
or pesticides specifically
used for the purposes of treating and preserving wood;
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."

����
SECTION 4.
�

Statutory material to be repealed is bracketed and stricken.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

����
SECTION 5.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

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

Description:

Requires
the Department of Agriculture and Biosecurity to use consistent units of
measurement in its summary to the public on the amounts of restricted use
pesticides applied.
�
Beginning 1/1/2027,
establishes a one-half mile buffer zone for pesticides around schools during
normal school hours 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.