HOUSE OF REPRESENTATIVES H.B. NO. 873 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to pesticide buffer zones. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
HOUSE OF REPRESENTATIVES H.B. NO. 873
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
HOUSE OF REPRESENTATIVES
H.B. NO.
873
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating to pesticide buffer zones.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that certain pesticides used in agriculture and landscaping are proven to pose a significant risk to public health, particularly to children who are more vulnerable to environmental toxins while their bodies are still developing. Research has shown that pesticides can interfere with brain development, leading to cognitive deficits, behavioral problems, and learning disabilities. Studies have linked pesticide exposure to an increased risk of attention deficit hyperactivity disorder and other developmental disorders. Additionally, short-term exposure to pesticides can cause symptoms like nausea, dizziness, headaches, and skin or eye irritation, while long-term exposure has been linked to more serious conditions, such as cancers like non-Hodgkin lymphoma and neurological diseases like Parkinson's disease. The legislature further finds that compelling evidence exists that underscores the importance of reducing children's exposure to pesticides, particularly in environments such as schools. Pesticide buffer zones around schools are an important tool used to mitigate these risks by minimizing exposure and protecting students and communities from the health hazards associated with exposure to pesticide drift, which occurs when pesticides are unintentionally carried away from the targeted area of application by wind or other environmental means to a non-targeted area. Although Hawaii has an established school buffer zone of one hundred feet, studies have found this is inadequate to provide protection for school children from pesticide drift. Accordingly, the purpose of this Act is to: (1) Increase the buffer zone around schools from one hundred feet to one-half mile; and (2) Allow the use of restricted use pesticides within the buffer zone as part of invasive species control conducted by the department of agriculture or invasive species committees organized under the university of Hawaii Pacific cooperative studies unit. SECTION 2. Section 149A-28, Hawaii Revised Statutes, is amended to read as follows: "[[]§149A-28[]] Buffer zones. Beginning January 1, 2019, no person shall apply a restricted use pesticide on or within [one hundred feet] one-half mile of a school property during normal school hours; provided that this section shall not apply to [whole]: (1) Whole structure fumigation; or (2) Invasive species control conducted by the department of agriculture or any invasive species committee organized under the university of Hawaii Pacific cooperative studies unit; provided further that if this section is determined to conflict with any pesticide application information listed on the pesticide label, the more restrictive provision shall apply." SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
SECTION 1. The legislature finds that certain pesticides used in agriculture and landscaping are proven to pose a significant risk to public health, particularly to children who are more vulnerable to environmental toxins while their bodies are still developing. Research has shown that pesticides can interfere with brain development, leading to cognitive deficits, behavioral problems, and learning disabilities. Studies have linked pesticide exposure to an increased risk of attention deficit hyperactivity disorder and other developmental disorders. Additionally, short-term exposure to pesticides can cause symptoms like nausea, dizziness, headaches, and skin or eye irritation, while long-term exposure has been linked to more serious conditions, such as cancers like non-Hodgkin lymphoma and neurological diseases like Parkinson's disease.
The legislature further finds that compelling evidence exists that underscores the importance of reducing children's exposure to pesticides, particularly in environments such as schools. Pesticide buffer zones around schools are an important tool used to mitigate these risks by minimizing exposure and protecting students and communities from the health hazards associated with exposure to pesticide drift, which occurs when pesticides are unintentionally carried away from the targeted area of application by wind or other environmental means to a non-targeted area. Although Hawaii has an established school buffer zone of one hundred feet, studies have found this is inadequate to provide protection for school children from pesticide drift.
Accordingly, the purpose of this Act is to:
(1) Increase the buffer zone around schools from one hundred feet to one-half mile; and
(2) Allow the use of restricted use pesticides within the buffer zone as part of invasive species control conducted by the department of agriculture or invasive species committees organized under the university of Hawaii Pacific cooperative studies unit.
SECTION 2. Section 149A-28, Hawaii Revised Statutes, is amended to read as follows:
"[[]§149A-28[]] Buffer zones. Beginning January 1, 2019, no person shall apply a restricted use pesticide on or within [one hundred feet] one-half mile of a school property during normal school hours; provided that this section shall not apply to [whole]:
(1) Whole structure fumigation; or
(2) Invasive species control conducted by the department of agriculture or any invasive species committee organized under the university of Hawaii Pacific cooperative studies unit;
provided further that if this section is determined to conflict with any pesticide application information listed on the pesticide label, the more restrictive provision shall apply."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: _____________________________
INTRODUCED BY:
_____________________________
Report Title: Restricted Use Pesticides; Schools; Buffer Zone; Exemptions; Invasive Species Control Description: Increases the buffer zone for restricted use pesticides around schools to one-half mile. Allows the use of restricted use pesticides within the buffer zone as part of invasive species control conducted by the Department of Agriculture or invasive species committees organized under the University of Hawaii Pacific Cooperative Studies Unit. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Restricted Use Pesticides; Schools; Buffer Zone; Exemptions; Invasive Species Control
Description:
Increases the buffer zone for restricted use pesticides around schools to one-half mile. Allows the use of restricted use pesticides within the buffer zone as part of invasive species control conducted by the Department of Agriculture or invasive species committees organized under the University of Hawaii Pacific Cooperative Studies Unit.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.