| 47 | | - | PART I SECTION 1. The legislature finds that providing a safe and lawful way to dispose of banned, outdated, or unwanted pesticides is critical to the State's environmental management efforts. While Hawaii prohibits the disposal of agricultural pesticides in sanitary landfills, no safe or legal alternatives for their disposal are currently offered. The legislature recognizes that more than forty states have successfully created low-cost pesticide disposal collection programs to ensure that unwanted agricultural pesticides are safely discarded. Accordingly, the purpose of this Act is to: (1) Require the department of agriculture, in consultation with the department of health, to develop and implement a one-time, low-cost pesticide disposal collection program; and (2) Increase the administrative and criminal penalties for violating the Hawaii pesticides law. SECTION 2. (a) The department of agriculture, in consultation with the department of health, shall develop and implement a pesticide disposal collection program to provide a one-time, affordable, and accessible means for bona fide agricultural entities and licensed pest control operators to dispose of restricted use and nonrestricted use pesticides. (b) The department of agriculture shall establish on the islands of Hawaii, Kauai, Lanai, Maui, Molokai, and Oahu disposal locations for restricted use and nonrestricted use pesticides to effectuate the purposes of this Act. Each disposal location shall offer the opportunity for bona fide agricultural entities and licensed pest control operators to dispose of restricted use and nonrestricted use pesticides for a duration to be determined by the department. (c) The department of agriculture shall operate the pesticide disposal collection program as a free or low-cost program to encourage the safe and legal disposal of restricted use and nonrestricted use pesticides; provided that: (1) The department of agriculture shall not charge a fee for the disposal, up to a maximum weight or volume to be determined by the department, of restricted use pesticides or nonrestricted use pesticides containing a restricted use ingredient; provided further that the financial obligation of the department of agriculture to accept pesticides for disposal shall be limited to the monetary amount appropriated by this Act, less the cost of pesticide storage; and (2) The department of agriculture may impose a fee schedule, which shall be exempt from chapters 91 and 201M, Hawaii Revised Statutes, for disposing of restricted use or nonrestricted use pesticides containing a restricted use ingredient in weights or volumes that exceed the amount determined by the department pursuant to paragraph (1). (d) The department of agriculture shall implement the pesticide disposal collection program before July 1, 2022, and operate the program for a duration to be determined by the department of agriculture. (e) Before August 1, 2021, the department of agriculture shall convene a pesticide disposal collection program steering committee to guide and monitor the pesticide disposal collection program. The steering committee shall comprise the advisory committee on pesticides established pursuant to section 149A-51, Hawaii Revised Statutes; provided that a representative of the Hawaii Agriculture Research Center and representatives of any other entities deemed necessary by the chairperson of the board of agriculture shall also be invited to participate. (f) For purposes of this Act: "Bona fide agricultural entity" means one or more individuals or a company, corporation, partnership, association, or other legal entity in the State that engages in or has engaged in an agricultural operation as defined in section 46‑88(d), Hawaii Revised Statutes; provided that a bona fide agricultural entity shall include any successor, heir, or beneficiary that received from a bona fide agricultural entity any restricted use or nonrestricted use pesticide. "Pest control operator" means one or more individuals or a company, corporation, partnership, association, or other legal entity in the State that engages in or has engaged in structural pest control as defined in section 460J-1, Hawaii Revised Statutes; provided that a structural pest control operator entity shall include any successor, heir, or beneficiary that received from a structural pest control entity any restricted use or nonrestricted use pesticide. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $800,000 or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary for fiscal year 2022-2023 for establishing and operating the pesticide disposal collection program. The sums appropriated shall be expended by the department of agriculture for the purposes of this Act. PART II SECTION 4. Section 149A-41, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows: "(b) Administrative penalties. (1) In general, any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who violates any provision of this chapter may be assessed an administrative penalty by the board of [not] no more than [$5,000] $10,000 for each offense; (2) Any private applicator or other person not included in paragraph (1) who violates any provision of this chapter relating to the use of pesticides while on property owned or rented by that person or the person's employer, subsequent to receiving a written warning from the department or following a citation for a prior violation, may be assessed an administrative penalty by the board of [not] no more than [$1,000] $5,000 for each offense. Any private applicator or other person not included in paragraph (1) who violates any provision of this chapter relating to licensing, transport, sale, distribution, or application of a pesticide for commercial purposes may be assessed an administrative penalty as provided in paragraph (1); (3) No administrative penalty shall be assessed unless the person charged shall have been given notice and an opportunity for a hearing on the specific charge in the county of the residence of the person charged. The administrative penalty and any proposed action contained in the notice of finding of violation shall become a final order unless, within twenty days of receipt of the notice, the person or persons charged [make] makes a written request for a hearing. In determining the amount of penalty, the board shall consider the appropriateness of the penalty to the size of the business of the person charged, the effect on the person's ability to continue business, and the gravity of the violation; and (4) In case of inability to collect the administrative penalty or failure of any person to pay all or [such] a portion of the administrative penalty as the board may determine, the board shall refer the matter to the attorney general, who shall recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without [such] a request, the administrative penalty was imposed, and that the penalty remains unpaid. (c) Criminal penalties. (1) In general, any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and shall on conviction be fined [not] no more than [$25,000,] $35,000, or imprisoned for [not] no more than one year, or both[.]; (2) Any private applicator or other person not included in paragraph (1) who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and shall on conviction be fined [not] no more than [$1,000,] $5,000, or imprisoned for [not] no more than one year, or both[.]; and (3) Any person, who, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of section 3, Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, shall be fined [not] no more than $10,000, or imprisoned for [not] no more than three years, or both." PART III SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2050. |
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| 47 | + | PART I SECTION 1. The legislature finds that providing a safe and lawful way to dispose of banned, outdated, or unwanted pesticides is critical to the State's environmental management efforts. While Hawaii prohibits the disposal of agricultural pesticides in sanitary landfills, no safe or legal alternatives for their disposal are currently offered. The legislature recognizes that more than forty states have successfully created low-cost pesticide disposal collection programs to ensure that unwanted agricultural pesticides are safely discarded. Accordingly, the purpose of this Act is to: (1) Require the department of agriculture, in consultation with the department of health, to develop and implement a one-time, low-cost pesticide disposal collection program; and (2) Increase the administrative and criminal penalties for violating the Hawaii pesticides law. SECTION 2. (a) The department of agriculture, in consultation with the department of health, shall develop and implement a pesticide disposal collection program to provide a one-time, affordable, and accessible means for bona fide agricultural entities and licensed pest control operators to dispose of restricted use and nonrestricted use pesticides. (b) The department of agriculture shall establish on the islands of Hawaii, Kauai, Lanai, Maui, Molokai, and Oahu disposal locations for restricted use and nonrestricted use pesticides to effectuate the purposes of this Act. Each disposal location shall offer the opportunity for bona fide agricultural entities and licensed pest control operators to dispose of restricted use and nonrestricted use pesticides for a duration to be determined by the department. (c) The department of agriculture shall operate the pesticide disposal collection program as a free or low-cost program to encourage the safe and legal disposal of restricted use and nonrestricted use pesticides; provided that: (1) The department of agriculture shall not charge a fee for the disposal, up to a maximum weight or volume to be determined by the department, of restricted use pesticides or nonrestricted use pesticides containing a restricted use ingredient; provided that the financial obligation of the department to accept pesticides for disposal shall be limited to the monetary amount appropriated by this Act, less the cost of pesticide storage; and (2) The department may impose a fee schedule, which shall be exempt from chapters 91 and 201M, Hawaii Revised Statutes, for disposing of restricted use pesticides or nonrestricted use pesticides containing a restricted use ingredient in weights or volumes that exceed the amount determined by the department pursuant to paragraph (1). (d) The department of agriculture shall implement the pesticide disposal collection program no later than June 30, 2022, and operate the program for a duration to be determined by the department. (e) For purposes of this Act: "Bona fide agricultural entity" means one or more individuals or a company, corporation, partnership, association, or other legal entity in the State that engages in or has engaged in an agricultural operation as defined in section 46‑88(d), Hawaii Revised Statutes; provided that a bona fide agricultural entity shall include any successor, heir, or beneficiary that received from a bona fide agricultural entity any restricted use or nonrestricted use pesticide. "Pest control operator" means one or more individuals or a company, corporation, partnership, association, or other legal entity in the State that engages in or has engaged in structural pest control as defined in section 460J, Hawaii Revised Statutes; provided that a structural pest control operator entity shall include any successor, heir, or beneficiary that received from a structural pest control entity any restricted use or nonrestricted use pesticide. (f) No later than July 31, 2021, the department of agriculture shall convene a pesticide disposal collection program steering committee to guide and monitor the pesticide disposal collection program. The steering committee shall comprise the advisory committee on pesticides established pursuant to section 149A-51, Hawaii Revised Statutes; provided that a representative of the Hawaii Agriculture Research Center and representatives of any other entities deemed necessary by the chairperson of the board of agriculture shall also be invited to participate. SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $800,000 or so much thereof as may be necessary for fiscal year 2021-2022 and the same sum or so much thereof as may be necessary is appropriated for fiscal year 2022-2023 for establishing and operating the pesticide disposal collection program. The sums appropriated shall be expended by the department of agriculture for the purposes of this Act. PART II SECTION 4. Section 149A-41, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows: "(b) Administrative penalties. (1) In general, any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who violates any provision of this chapter may be assessed an administrative penalty by the board of not more than [$5,000] $10,000 for each offense; (2) Any private applicator or other person not included in paragraph (1) who violates any provision of this chapter relating to the use of pesticides while on property owned or rented by that person or the person's employer, subsequent to receiving a written warning from the department or following a citation for a prior violation, may be assessed an administrative penalty by the board of not more than [$1,000] $5,000 for each offense. Any private applicator or other person not included in paragraph (1) who violates any provision of this chapter relating to licensing, transport, sale, distribution, or application of a pesticide for commercial purposes may be assessed an administrative penalty as provided in paragraph (1); (3) No administrative penalty shall be assessed unless the person charged shall have been given notice and an opportunity for a hearing on the specific charge in the county of the residence of the person charged. The administrative penalty and any proposed action contained in the notice of finding of violation shall become a final order unless, within twenty days of receipt of the notice, the person or persons charged make a written request for a hearing. In determining the amount of penalty, the board shall consider the appropriateness of the penalty to the size of the business of the person charged, the effect on the person's ability to continue business, and the gravity of the violation; and (4) In case of inability to collect the administrative penalty or failure of any person to pay all or such portion of the administrative penalty as the board may determine, the board shall refer the matter to the attorney general, who shall recover the amount by action in the appropriate court. For any judicial proceeding to recover the administrative penalty imposed, the attorney general need only show that notice was given, a hearing was held or the time granted for requesting a hearing has expired without such a request, the administrative penalty was imposed, and that the penalty remains unpaid. (c) Criminal penalties. (1) In general, any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and shall on conviction be fined not more than [$25,000,] $35,000, or imprisoned for not more than one year, or both. (2) Any private applicator or other person not included in paragraph (1) who knowingly violates any provision of this chapter shall be guilty of a misdemeanor and shall on conviction be fined not more than [$1,000,] $5,000, or imprisoned for not more than one year, or both. (3) Any person, who, with intent to defraud, uses or reveals information relative to formulas of products acquired under the authority of section 3, Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, shall be fined not more than $10,000, or imprisoned for not more than three years, or both." PART III SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2050. |
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