CONFERENCE COMMITTEE REPORT NO. 23

                            Honolulu, Hawaii
                                            , 2000

                            RE:   H.B. No. 2405
                                  H.D. 2
                                  S.D. 1
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 2405, H.D. 2, S.D. 1, entitled:

    "A BILL FOR AN ACT RELATING TO PESTICIDES,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to strengthen the Hawaii
Pesticides Law by:

     (1) Allowing the Pesticide Use Revolving Fund (Fund) to be
         used for the development of integrated pest management
         strategies and personnel costs;

     (2) Defining "integrated pest management" and "nonchemical
         methods";


 
 
 
 
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     (3) Requiring the Department of Agriculture to submit an
         annual report to the Legislature on all moneys deposited
         into, and disbursed from, the Fund;

     (4) Deleting from coloration requirements pesticides that
         are no longer registered for use;

     (5) Exempting pesticides that are deregulated by the U.S.
         Environmental Protection Agency from regulation in
         Hawaii;

     (6) Clarifying that penalties imposed by the Board of
         Agriculture with regard to the Hawaii Pesticides Law are
         administrative penalties; and

     (7) Providing a process to recover administrative penalties.

     Your Committee on Conference has amended this bill by:

     (1) Amending the definition of "integrated pest management"
         to mean a sustainable approach to managing pests by
         combining biological, cultural, physical, and chemical
         tools in a way that minimizes economic, health, and
         environmental risks;

     (2) Deleting the definition of "nonchemical methods";

     (3) Removing the $250,000 ceiling balance in the Fund;

     (4) Specifying that all unobligated, unencumbered, or
         unexpended funds remaining in the Fund in excess of
         $250,000 at the close of each fiscal year are to lapse
         to the general fund;

     (5) Amending the definition of "pest" to conform with
         federal law and regulations.
 
     (6) Making technical, nonsubstantive amendments for clarity,
         consistency, and style.

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of H.B. No. 2405, H.D. 2, S.D. 1, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as H.B. No. 2405, H.D. 2, S.D. 1, C.D. 1.

                                   Respectfully submitted on
                                   behalf of the members:

 
                            CONFERENCE COMMITTEE REPORT NO. 23
                            Page 3



ON THE PART OF THE SENATE          ON THE PART OF THE HOUSE



_______________________________    _______________________________
BOB NAKATA, Co-Chair               FELIPE P. ABINSAY, Jr., Co-
                                   Chair



_______________________________    _______________________________
LORRAINE R. INOUYE, Co-Chair       HERMINA M. MORITA, Co-Chair



_______________________________    _______________________________
ANDREW LEVIN, Co-Chair             WILLIE C. ESPERO, Co-Chair