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SB2459
THE SENATE
S.B. NO.
2459
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:
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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.
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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 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 and biosecurity to use consistent units of
measurement in its summary to the public on restricted use pesticides applied;
and
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(2)
�
Prohibit
restricted use pesticides from being applied within one-half mile of schools
during normal school hours.
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SECTION
2
.
�
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[
,
]
and tax map key or other specific
property description,
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)
�
The amount of area in the county in which the
restricted use application occurred.
"
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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;
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.
�
Statutory material to be repealed is bracketed and stricken.
�
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:
Department
of Agriculture and Biosecurity; 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.
�
Establishes a
one-half mile buffer zone for pesticides around schools during normal school
hours.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.