Hawaii 2025 Regular Session

Hawaii Senate Bill SB671 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 671 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to pesticides. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 671
4	4	THIRTY-THIRD LEGISLATURE, 2025
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	671
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to pesticides.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the public health and welfare require stricter regulation of pesticides on properties owned and controlled by the State. The legislature also finds that, in particular, glyphosate; 2,4-D; chlorpyrifos; dicamba; and malathion are dangerous carcinogenic pesticides, the use of which should be strictly curtailed on state property, including state parks, recreational facilities, schools, roadways, correctional institutions, office buildings, and other places or facilities owned or controlled by the State. The purpose of this Act is to prohibit the use of certain dangerous pesticides on state lands and at state facilities. SECTION 2. Chapter 149A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§149A- Dangerous pesticides prohibited; state lands and state facilities. (a) Beginning July 1, 2025, no dangerous pesticide shall be used on any property owned or controlled by the State. (b) Should an emergency arise that necessitates the temporary use of a dangerous pesticide, the department administering a property on which a dangerous pesticide is to be used shall submit an official, written request to the governor for exemption from this section; provided that: (1) Any action taken under the exemption shall be for the sole purpose of mitigating the emergency; (2) All other methods available to mitigate the emergency shall have been demonstrated to be inadequate; and (3) The time frame for the exemption is established and presented by the department. (c) A pesticide that is not defined as a dangerous pesticide under this section may be used on state lands or by state entities; provided that: (1) Use of that pesticide shall comply with section 149A‑31; (2) Any area in which the pesticide is applied shall be made inaccessible to the public until the pesticide has dried or for the amount of time directed on the pesticide label; provided further that the area shall be made inaccessible for no less than four hours after the pesticide is applied; and (3) A visible notice in the form of a temporary sign shall: (A) Be posted at the location in which the pesticide is applied; (B) Identify the pesticide used by name; and (C) List known hazards and risks of the pesticide. (d) This section does not prohibit the use of a dangerous pesticide on private property or privately controlled land adjacent to a state road easement or on any other privately owned property. (e) As used in this section: "Dangerous pesticide" means glyphosate; 2,4-D; chlorpyrifos; dicamba; or a malathion-based pesticide. "Emergency" means an urgent need to treat a plant or eliminate any insect or pest on a plant that threatens public health and safety." SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 4. New statutory material is underscored. SECTION 5. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the public health and welfare require stricter regulation of pesticides on properties owned and controlled by the State. The legislature also finds that, in particular, glyphosate; 2,4-D; chlorpyrifos; dicamba; and malathion are dangerous carcinogenic pesticides, the use of which should be strictly curtailed on state property, including state parks, recreational facilities, schools, roadways, correctional institutions, office buildings, and other places or facilities owned or controlled by the State.
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51	51	The purpose of this Act is to prohibit the use of certain dangerous pesticides on state lands and at state facilities.
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53	53	SECTION 2. Chapter 149A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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55	55	"§149A- Dangerous pesticides prohibited; state lands and state facilities. (a) Beginning July 1, 2025, no dangerous pesticide shall be used on any property owned or controlled by the State.
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57	57	(b) Should an emergency arise that necessitates the temporary use of a dangerous pesticide, the department administering a property on which a dangerous pesticide is to be used shall submit an official, written request to the governor for exemption from this section; provided that:
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59	59	(1) Any action taken under the exemption shall be for the sole purpose of mitigating the emergency;
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61	61	(2) All other methods available to mitigate the emergency shall have been demonstrated to be inadequate; and
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63	63	(3) The time frame for the exemption is established and presented by the department.
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65	65	(c) A pesticide that is not defined as a dangerous pesticide under this section may be used on state lands or by state entities; provided that:
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67	67	(1) Use of that pesticide shall comply with section 149A‑31;
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69	69	(2) Any area in which the pesticide is applied shall be made inaccessible to the public until the pesticide has dried or for the amount of time directed on the pesticide label; provided further that the area shall be made inaccessible for no less than four hours after the pesticide is applied; and
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71	71	(3) A visible notice in the form of a temporary sign shall:
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73	73	(A) Be posted at the location in which the pesticide is applied;
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75	75	(B) Identify the pesticide used by name; and
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77	77	(C) List known hazards and risks of the pesticide.
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79	79	(d) This section does not prohibit the use of a dangerous pesticide on private property or privately controlled land adjacent to a state road easement or on any other privately owned property.
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81	81	(e) As used in this section:
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83	83	"Dangerous pesticide" means glyphosate; 2,4-D; chlorpyrifos; dicamba; or a malathion-based pesticide.
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85	85	"Emergency" means an urgent need to treat a plant or eliminate any insect or pest on a plant that threatens public health and safety."
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87	87	SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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89	89	SECTION 4. New statutory material is underscored.
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91	91	SECTION 5. This Act shall take effect on July 1, 2025.
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95	95	INTRODUCED BY: _____________________________
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97	97	INTRODUCED BY:
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105	105	Report Title: Dangerous Pesticides; State Land; State Facilities; Regulation Description: Prohibits the use of certain dangerous pesticides on state lands and at state facilities, except as needed to respond to emergencies. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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115	115	Report Title:
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117	117	Dangerous Pesticides; State Land; State Facilities; Regulation
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121	121	Description:
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123	123	Prohibits the use of certain dangerous pesticides on state lands and at state facilities, except as needed to respond to emergencies.
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131	131	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.