Pesticide management

Establishes integrated pest management policies to prohibit usage
of toxicity category I pesticides.

HOUSE OF REPRESENTATIVES                H.B. NO.469        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that it shall be the
 2 policy of the State to:
 3      (1)  Reduce or eliminate the use of pesticide applications
 4           by various departments; and 
 5      (2)  Develop and implement integrated pest management
 6           policies in state and county departments.
 7      SECTION 2.  The Hawaii Revised Statutes is amended by adding
 8 a new chapter to be appropriately designated and to read as
 9 follows:
10                             "CHAPTER
12         -1   Definitions.  As used in this chapter, unless the
13 content clearly requires otherwise: 
14      "Department" means state and county agencies and offices.
15      "Integrated pest management" means a pest management method
16 that:
17      (1)  Combines biological, cultural, physical, and chemical
18           tools to minimize health, environmental, and financial
19           risks;

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                                     H.B. NO.469        

 1      (2)  Uses extensive knowledge about pests, such as
 2           infestation thresholds, life histories, environmental
 3           requirements, and natural enemies to complement and
 4           facilitate biological and other natural control of
 5           pests; and
 6      (3)  Uses the least toxic synthetic pesticides only as a
 7           last resort to controlling pests.
 8      "Pest" means any insect, rodent, nematode, fungus, weed, or
 9 any other form of terrestrial or aquatic plant or animal life or
10 virus, bacterium, or any other microorganism, except viruses,
11 bacterium, or any other microorganisms on or in living human or
12 other living animals that the board declares to be a pest.
13      "Pesticide" means:
14      (1)  Any substance or mixture of substances intended for
15           preventing, destroying, repelling, or mitigating any
16           pest;
17      (2)  Any substance or mixture of substances intended for use
18           as a plant regulator, defoliant, or desiccant; and
19      (3)  Any substance or mixture of substances that may infest
20           or be detrimental to vegetation, human, animals, or
21           households, or be present in any agricultural or
22           nonagricultural environment whatsoever.

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                                     H.B. NO.469        

 1      "Toxicity category I pesticide" means any pesticide that
 2 meets United States Environmental Protection Agency criteria for
 3 toxicity category I under the Code of Federal Regulations.
 4         -2  Toxicity category 1 pesticides. Effective July 1,
 5 2000, no department shall use:
 6      (1)  Any toxicity category I pesticide;
 7      (2)  Any pesticide containing a chemical identified by the
 8           State as a chemical known to cause cancer or
 9           reproductive toxicity; and
10      (3)  Any pesticide classified as a human carcinogen,
11           probable human carcinogen, or possible human carcinogen
12           by the United States Environmental Protection Agency,
13           Office of Prevention, Pesticides, and Toxic Substances.
14         -3   Reduction in use of pesticides.  By January 1,
15 2000, any department that uses one or more pesticides other than
16 the pesticides subject to the ban under section     -3, shall
17 reduce by fifty per cent the cumulative volume of such pesticides
18 that it used in calendar year 1996.  By January 1, 2002, any
19 department that uses one or more pesticides other than the
20 pesticides subject to the ban under section     -3, shall reduce
21 by one hundred per cent the cumulative volume of such pesticides
22 that it used in 1996, except for those pesticides that the
23 director of health has reviewed and approved for use for purposes
24 of protection of public safety or public health.

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                                     H.B. NO.469        

 1         -4   Notice of pesticide use.  (a)  Except as provided
 2 in subsection (b), within one hundred and twenty days of the
 3 effective date of this Act, any department using any pesticide
 4 shall comply with the following notification procedures:
 5      (1)  Signs shall be posted at least four days before
 6           application of the pesticide and remain posted at least
 7           four days after application of the pesticide;
 8      (2)  Signs shall be posted: 
 9           (A)  At every entry point where the pesticide is
10                applied if the pesticide is applied in an enclosed
11                area; and
12           (B)  In highly visible locations around the perimeter
13                of the area where the pesticide is applied if the
14                pesticide is applied in an open area;
15           and
16      (3)  Signs shall contain name and active ingredient of the
17           pesticide, target pest, date of pesticide use, signal
18           word indicating the toxicity category of the pesticide,
19           date for re-entry to the area treated, and name and
20           contact number for the city department responsible for
21           the application.
22      (b)  Departments shall not be required to post signs in
23 accordance with subsection (a) in right-of-way locations that the
24 general public does not use for recreational purposes.  However,

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                                     H.B. NO.469        

 1 each department that uses pesticides in such right-of-way
 2 locations shall develop and maintain a public access telephone
 3 number about pesticide applications in the right-of-way areas.
 4 The public access number shall provide information regarding any
 5 pesticide that will be applied within the next four days or has
 6 been applied within the last four days:  
 7      (1)  Description of the area of the pesticide application;
 8      (2)  Name and active ingredient of the pesticide;
 9      (3)  Target pest;
10      (4)  Date of pesticide use;
11      (5)  Signal word indicating the toxicity category of the
12           pesticide;
13      (6)  Re-entry period of the area treated; and
14      (7)  Name and contact number for the department responsible
15           for the application.  
16 Information about the public access telephone number shall be
17 posted in a public location at the department.
18         -5   Development and implementation of integrated pest
19 management policy.(a)  Each department that uses pesticides
20 shall develop and implement an integrated pest management policy.
21      (b)  The department of health shall develop and implement
22 integrated pest management policies that emphasize the least
23 toxic alternatives to pesticides to assist departments in

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 1 preparation of its integrated pest management policy.  The
 2 integrated pest management policy shall: 
 3      (1)  Identify resources the department has and will need to
 4           implement the policy, including personnel trained in
 5           integrated pest management practices; and
 6      (2)  Identify the actions the department is taking to obtain
 7           any needed resources to implement the policy.
 8      (c)  The director of agriculture shall assist departments in
 9 implementing integrated pest management policies.
10      (d)  Each department required to develop an integrated pest
11 management policy shall submit a draft of its policy to the
12 department of health.  The department of health shall review and
13 may make recommendations on the draft, integrated pest management
14 policy regarding conformity with long-term plans for
15 environmental sustainability adopted by the department of health.
16      (e)  No later than December 1, 1999, and quarterly
17 thereafter, departments that use pesticides shall report to the
18 department of health on the status of their efforts to adopt and
19 implement integrated pest management policies.  The department of
20 health shall provide and annual report to the legislature on the
21 status of department efforts.
22         -6   Recordkeeping of pesticide usage.  Each
23 department that uses pesticides shall keep records of pesticide
24 usage.  Each record shall include the following information:

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                                     H.B. NO.469        

 1      (1)  The pesticide used;
 2      (2)  The site of the pesticide application;
 3      (3)  The date the pesticide was used;
 4      (4)  The name of the pesticide applicator; and
 5      (5)  The application equipment used.
 6 Records shall be made available to the public upon request in
 7 accordance with the provisions of section 92-21, Hawaii Revised
 8 Statutes.
 9         -7   Exemptions.  This chapter will not apply to the
10 use of any pesticide for the purpose of maintaining or improving
11 water quality at drinking water treatment plants, wastewater
12 treatment plants, reservoirs, and related collection,
13 distribution, and treatment facilities."
14      SECTION 3.  This Act shall take effect upon its approval.
16                           INTRODUCED BY:  _______________________