RELATING TO PESTICIDES.

SB671

THE SENATE

S.B. NO.

671

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 the public health
and welfare require stricter regulation of pesticides on properties owned and
controlled by the State.
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The legislature
also finds that, in particular, glyphosate; 2,4-D; chlorpyrifos; dicamba; and
malathion are dangerous carcinogenic pesticides, the use of which should be
strictly curtailed on state property, including state parks, recreational
facilities, schools, roadways, correctional institutions, office buildings, and
other places or facilities owned or controlled by the State.

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The purpose of this Act is to
prohibit the use of certain dangerous pesticides on state lands and at state
facilities.

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SECTION 2.
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Chapter 149A, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:

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"
�149A-
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Dangerous
pesticides prohibited; state lands and state facilities.
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(a)
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Beginning July 1, 2025, no dangerous
pesticide shall be used on any property owned or controlled by the State.

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(b)
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Should an emergency arise that necessitates
the temporary use of a dangerous pesticide, the department administering a
property on which a dangerous pesticide is to be used shall submit an official,
written request to the governor for exemption from this section; provided that:

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(1)
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Any action
taken under the exemption shall be for the sole purpose of mitigating the
emergency;

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(2)
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All other
methods available to mitigate the emergency shall have been demonstrated to be
inadequate; and

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(3)
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The time frame
for the exemption is established and presented by the department.

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(c)
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A pesticide that is not defined as a dangerous
pesticide under this section may be used on state lands or by state entities;
provided that:

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(1)
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U
se of
that pesticide shall comply with section 149A‑31;

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(2)
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Any area in
which the pesticide is applied shall be made inaccessible to the public until
the pesticide has dried or for the amount of time directed on the pesticide
label; provided further that the area shall be made inaccessible for no less
than four hours after the pesticide is applied; and

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(3)
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A visible
notice in the form of a temporary sign shall:

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(A)
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Be
posted at the location in which the pesticide is applied;

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(B)
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Identify
the pesticide used by name; and

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(C)
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List
known hazards and risks of the pesticide.

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(d)
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This section does not prohibit the use of a
dangerous pesticide on private property or privately controlled land adjacent
to a state road easement or on any other privately owned property.

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(e)
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As used in this section:

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"Dangerous pesticide" means g
lyphosate;
2,4-D; chlorpyrifos; dicamba; or a malathion-based pesticide.

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"Emergency" means an urgent need to
treat a plant or eliminate any insect or pest on a plant that threatens public
health and safety.
"

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SECTION 3.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.

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SECTION 4.
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New statutory material is underscored.

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SECTION 5.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Dangerous
Pesticides; State Land; State Facilities; Regulation

Description:

Prohibits
the use of certain dangerous pesticides on state lands and at state facilities,
except as needed to respond to emergencies.

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