Proposes numerous revisions to pesticides regulations.  Exempts
pesticides deregulated by the EPA from regulation in Hawaii.

a                                                      AGR-9(00)
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 149A-2, Hawaii Revised Statutes, is
 2 amended by adding a new definition to be appropriately inserted
 3 and to read as follows:
 4      ""Integrated pest management" means a sustainable approach
 5 to pest control that combines the use of prevention, avoidance,
 6 monitoring and suppression strategies in a way that minimizes
 7 economic, health, and environmental risks.
 8      SECTION 2.  Section 149A-2, Hawaii Revised Statutes, is
 9 amended by amending the definition of "pest" to read as follows: 
10      ""Pest" means any insect, rodent, nematode, fungus, weed, or
11 any other form of terrestrial or aquatic plant or animal life or
12 virus, bacterium, or any other microorganism, except viruses,
13 bacterium, or other microorganisms on or in living humans or
14 other living animals[, which the board declares to be a pest.]
15 which is injurious to plants, humans, domestic animals, articles
16 or substances, or the environment."
17      SECTION 3.  Section 149A-13.5, Hawaii Revised Statutes, is
18 amended to read as follows:
19      "[[]149A-13.5[]]  Pesticide use revolving fund; pesticide

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 1 training workshops; training fee.(a)  There is established
 2 within the treasury of the State, a pesticide use revolving fund.
 3 The fund shall be administered by the department for the purposes
 4 of this section.  The fund shall consist of:
 5      (1)  Licensing and registration fees and charges collected
 6           by the department under section 149A-13(b); and
 7      (2)  All fees collected by the department through the
 8           collection of training fees in accordance with
 9           subsection (c).
10      (b)  Moneys in the pesticide use revolving fund shall be
11 expended by the department to support the pesticide program's
12 registration and licensing, certification and education, and
13 compliance monitoring activities.  The department shall also
14 expend revolving fund moneys on the establishment of pesticide
15 training workshops, educational programs, development of
16 integrated pest management strategies, and other services for
17 pesticide users such as the agricultural pest control industry,
18 the structural pest control industry, and consumer users of
19 pesticides, which provide pesticide instruction in areas[,]
20 including, but not limited to, the collection, disposal, and
21 recycling of pesticide containers and all other pesticide
22 services deemed necessary by the department.  Moneys from the
23 revolving fund may be used for [the purchase of] personnel,

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 1 services, materials, and equipment[.] for the purposes of this
 2 section.
 3      Moneys expended by the department from the pesticide use
 4 revolving fund for training workshops, educational programs, and
 5 other services for the agricultural pest control industry, the
 6 structural pest control industry, and consumer groups shall be
 7 [done so] expended in a manner that appropriately addresses the
 8 needs of each category of pesticide user.
 9      (c)  The department may set fees for the educational
10 services and training provided under this section.
11      (d)  All interest earned on the deposit or investment of the
12 moneys in the fund shall become a part of the fund.
13      [(e)  The balance in the revolving fund shall not exceed
14 $250,000.  All amounts in excess of the $250,000 shall be
15 deposited to the credit of the state general fund.]"
16      SECTION 4.  Section 149A-16, Hawaii Revised Statutes, is
17 amended to read as follows:
18      "149A-16  Coloration of certain pesticides.  [(a)
19 Pesticides known as standard lead arsenate, basic lead arsenate,
20 calcium arsenate, magnesium arsenate, zinc arsenate, zinc
21 arsenite, sodium fluoride, sodium fluosilicate, or barium
22 fluosilicate shall be distinctly colored as specified by rule.
23      (b)]  The department may require, by rule, the distinct

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 1 coloration of [other] certain pesticides [that it] as the EPA
 2 determines or, for a product registered pursuant to Section 149A-
 3 19(a)(7), as the department determines to be necessary to protect
 4 [the] public health and the environment."
 5      SECTION 5.  Section 149A-19, Hawaii Revised Statutes, is
 6 amended by amending subsection (a) to read as follows:
 7      "(a) The board, after having afforded interested and
 8 affected parties an opportunity to be heard and, in instances in
 9 which human health is affected, after consultation with the
10 director of health, shall make and adopt rules:
11     [(1)  To declare as a pest any form of plant or animal life
12           or virus which is injurious to plants, humans, domestic
13           animals, articles, or substances;
14      (2)] (1)  To determine the pesticides which are highly
15           toxic to humans; to designate pesticides as restricted
16           use or nonrestricted use; and to establish a system of
17           control over consuming public;
18     [(3)] (2)  To determine standards of coloring for pesticides,
19           and to subject pesticides to the requirements of
20           section 149A-16;
21     [(4)] (3)  To establish procedures, conditions, and fees use
22           for the issuance of licenses for sale of restricted
23           pesticides;

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 1     [(5)] (4)  To establish fees for the licensing of pesticides
 2           within the limitations of section 149A-13(b);
 3     [(6)] (5)  To establish procedures for the licensing of
 4           pesticides;
 5     [(7)] (6)  To establish procedures for the registration of
 6           pesticides under provisions of section 24(c), FIFRA;
 7     [(8)] (7)  To establish procedures for the disposal of
 8           pesticides; and
 9     [(9)] (8)  To establish procedures to issue experimental use
10           permits under provisions of section 5 of FIFRA."
11      SECTION 6.  Section 149A-37, Hawaii Revised Statutes, is
12 amended to read as follows:
13      "149A-37  Exemptions.  (a)  Exemption from this chapter may
14 be granted by the department to the University of Hawaii and
15 other state and federal agencies for experimental or research
16 work directed toward obtaining knowledge of characteristics and
17 proper usage of unspecified or experimental pesticides.  Research
18 and experimental work conducted by private agencies with adequate
19 research facilities may also be similarly exempted upon approval
20 by the department.  Approval must be in writing stating the
21 specific exemptions and conditions.
22      (b)  Any pesticide exempted by the Administrator of the EPA
23 pursuant to title 7 United States Code section 136w(b) shall be

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 1 exempt from the provisions of this chapter, if the pesticide
 2 product meets the terms and conditions of the EPA's exemption."
 3       SECTION 7.  Section 149A-41, Hawaii Revised Statutes, is
 4 amended by amending subsection (b) to read as follows:
 5      "(b) [Civil] Administrative penalties.
 6      (1)  In general, any registrant, commercial applicator,
 7           wholesaler, dealer, retailer, or other distributor who
 8           violates any provision of this chapter may be assessed
 9           [a civil] an administrative penalty by the board of not
10           more than $5,000 for each offense.
11      (2)  Any private applicator or other person not included in
12           paragraph (1) who violates any provision of this
13           chapter relating to the use of pesticides while on
14           property owned or rented by that person or the person's
15           employer, subsequent to receiving a written warning
16           from the department or following a citation for a prior
17           violation, may be assessed [a civil] an administrative
18           penalty by the board of not more than $1,000 for each
19           offense.  Any private applicator or other person not
20           included in paragraph (1) who violates any provision of
21           this chapter relating to licensing, transport, sale,
22           distribution, or application of a pesticide for
23           commercial purposes may be assessed [a civil] an

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 1           administrative penalty as provided in paragraph (1).
 2      (3)  No [civil] administrative penalty shall be assessed
 3           unless the person charged shall have been given notice
 4           and an opportunity for a hearing on the specific charge
 5           in the county of the residence of the person charged.
 6           The [civil] administrative penalty and any proposed
 7           action contained in the notice of finding of violation
 8           shall become a final order unless, within twenty days
 9           of receipt of the notice, the person or persons charged
10           make a written request for a hearing.  In determining
11           the amount of penalty, the board shall consider the
12           appropriateness of the penalty to the size of the
13           business of the person charged, the effect on the
14           person's ability to continue business, and the gravity
15           of the violation.
16      (4)  In case of inability to collect the [civil]
17           administrative penalty or failure of any person to pay
18           all or such portion of the [civil] administrative
19           penalty as the board may determine, the board shall
20           refer the matter to the attorney general, who shall
21           recover the amount by action in the appropriate court.
22           For any judicial proceeding to recover the
23           administrative penalty imposed, the attorney general

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 1           need only show that notice was given, a hearing was
 2           held or the time granted for requesting a hearing has
 3           expired without such a request, the administrative
 4           penalty was imposed, and that the penalty remains
 5           unpaid."
 6      SECTION 8.  Statutory material to be repealed is bracketed.
 7 New statutory material is underscored.
 8      SECTION 9.  This Act shall take effect on July 1, 2000. 
10                           INTRODUCED BY:_________________________

a                                                      AGR-9(00)