Bill Text: HI HB2565 | 2020 | Regular Session | Amended
Bill Title: Relating To Pesticides.
Spectrum: Partisan Bill (Democrat 17-0)
Status: (Engrossed - Dead) 2020-07-08 - Received notice of disagreement (Hse. Com. No. 417). [HB2565 Detail]
Download: Hawaii-2020-HB2565-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2565 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 2 |
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A BILL FOR AN ACT
RELATING TO PESTICIDES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that responsible environmental stewardship requires managing and supervising the safe collection and lawful disposal of banned, outdated, or unwanted pesticides. The legislature further finds that although Hawaii's pesticides law prohibits the disposal of agricultural pesticides in sanitary landfills, but there are currently no options for the legal disposal of these substances within the State. According to the Pesticide Stewardship Alliance, more than forty states have pesticide disposal programs. The legislature also finds that there is great urgency for the establishment of a pesticide disposal collection program in this State so that individuals and entities may legally dispose of banned, outdated, or unwanted pesticides.
Accordingly, the purpose of this part is to:
(1) Require the department of agriculture, in consultation with the department of health, to develop and implement a pesticide disposal collection program to provide a one-time, affordable, and environmentally accessible means for the disposal of restricted use pesticides and nonrestricted use pesticides from a bona fide agricultural entity;
(2) Convene a steering committee to guide and monitor the pesticide disposal collection program; and
(3) Appropriate funds for purposes of the pesticide disposal collection program.
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 environmentally accessible means for the disposal of restricted use pesticides and nonrestricted use pesticides from a bona fide agricultural entity.
For purposes of this Act, "bona fide agricultural entity" means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity in the State that engages or engaged in an agricultural operation as defined in section 46-88(d), Hawaii Revised Statutes; provided that bona fide agricultural entity shall include any successor, heir, or beneficiary that received ownership of any restricted use pesticide or nonrestricted use pesticide from a bona fide agricultural entity.
(b) There shall be established on the islands of Hawaii, Kauai, Lanai, Maui, Molokai, and Oahu disposal locations for restricted use pesticides and nonrestricted use pesticides as part of the pesticide disposal collection program. Each site shall offer the opportunity for disposal of restricted use pesticides and nonrestricted use pesticides for a duration to be determined by the department of agriculture during the pesticide disposal collection program.
(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 pesticides and nonrestricted use pesticides.
(1) The department of agriculture shall not charge a fee for the disposal of restricted use pesticides or nonrestricted use pesticides, which contain an active ingredient of a restricted use pesticide, up to a maximum weight or volume to be determined by the department of agriculture. The obligation of the department of agriculture to accept restricted use pesticides or nonrestricted use pesticides, which contain an active ingredient of a restricted use pesticide, in an amount less than that determined by the department for disposal is limited to the monetary amount appropriated by this Act less the cost of storage for pesticides collected under this pesticide disposal collection program.
(2) The department of agriculture may impose a fee
schedule, which shall be exempt from chapters 91 and 201M, for the disposal of
a restricted use pesticide or nonrestricted use
pesticide, which contains an active ingredient of a restricted use pesticide, in
excess of 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, 2021, for a duration to be determined by the department.
(e) No later than July 31, 2020, 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 be comprised of the advisory committee on pesticides established pursuant to section 149A-51, Hawaii Revised Statutes, a representative of the Hawaii Agriculture Research Center, and representatives from any other entity deemed necessary by the chairperson of the board of agriculture.
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 2020-2021 for the establishment and operation of the pesticide disposal collection program.
The sum 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 (a) to (c) to read as follows:
"(a) Warning notice. Any person who violates this chapter or any rule issued under this chapter may upon the first violation be issued a written warning notice citing the specific violation and necessary corrective action.
(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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on September 1, 2020.
Report Title:
HDOA; Department of Health; Pesticides; Restricted Use Pesticides; Nonrestricted Use Pesticides; Pesticide Disposal Collection Program; Steering Committee; Appropriation
Description:
Establishes the Pesticide Disposal Collection Program within the Department of Agriculture to provide a one-time, affordable, and environmentally accessible means for the disposal of restricted and nonrestricted use pesticides from a bona fide agricultural entity. Convenes a Pesticide Disposal Collection Program Steering Committee to guide and monitor the program. Increases fines for pesticide use violations. Appropriates funds. Effective 9/1/2020. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
