STAND. COM. REP. 2474

Honolulu, Hawaii

, 2004

RE: S.B. No. 2263

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Energy and Environment, to which was referred S.B. No. 2263 entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

begs leave to report as follows:

The purpose of this measure is to require all state and county agencies applying pesticides to public places to post public notice at least 48 hours prior to, and after, application of pesticide.

Testimony in support of the measure was submitted by the Sierra Club, Hawaii Chapter and six concerned individuals. Testimony in opposition to the measure was submitted by the Department of Agriculture, Hawaii Pest Control Association, and Hawaiian Alliance for Responsible Technology and Science. The Department of Health and Department of Land and Natural Resources submitted comments on the measure.

Your Committee finds that the application of pesticides in public areas poses a significant danger to the public and requires the posting of appropriate warnings. Your Committee, however, noted the concerns of the Departments of Agriculture, Health, and Land and Natural Resources regarding the impracticality of posting notices under circumstances where access to the areas being treated is difficult or remote and unlikely to affect public health and safety, and of the counter-productive effect of including too much information in notices.

Accordingly, your Committee amended the measure by making the posting requirement subject to circumstances where posting of warning signs would be feasible and practical and by deleting the requirement that all information relating to the pesticide be included in the notice.

As affirmed by the record of votes of the members of your Committee on Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2263, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2263, S.D. 1, and be referred to the Committee on Transportation, Military Affairs, and Government Operations.

Respectfully submitted on behalf of the members of the Committee on Energy and Environment,

____________________________

J. KALANI ENGLISH, Chair