Bill Text: HI SB2726 | 2018 | Regular Session | Introduced
Bill Title: Relating To Health Effects Of Pesticide Use.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2018-01-30 - Re-Referred to AEN/CPH, WAM. [SB2726 Detail]
Download: Hawaii-2018-SB2726-Introduced.html
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THE SENATE |
S.B. NO. |
2726 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO health effects of PESTICIDE USE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
SECTION 1. The legislature finds that the State of Hawaii is required to maintain a birth defect registry. However, the most recent surveillance report only covers data from 1986 to 2005, and was published in 2011.
The legislature finds that there are obstetricians and pediatricians working in community hospitals who believe that there is a higher than average rate of birth defects in regions affected by pesticide use, up to ten times the national average. The legislature also finds that there are other serious health risks associated with pesticide exposure. For doctors to effectively treat patients who have been exposed to pesticides, it is critical that the doctors know which pesticides are involved.
The legislature additionally finds that multiple outside sources confirm a strong association between pesticide exposure and birth defect rates. For instance, in a study of births between 2003 and 2005, the Environmental Protection Agency found, "Exposure to a variety of pesticides have been linked to increased risk of birth defects." The National Institutes of Health reported, "A significant association was found between the season of elevated agrochemicals and birth defects." The American Academy of Pediatrics found, "The evidence base is most robust for associations" from pesticides "to pediatric cancer and adverse neurodevelopment." Finally, the American Pregnancy Association found increased risk for neural tube defects among infants born to women living within one-quarter mile of agricultural crops, and advised limited exposure to pesticides, especially during the first trimester of pregnancy.
The purpose of this part is to require the department of health to take actions to protect public health by:
(1) Reviewing the methodology associated with the birth defect registry;
(2) Updating the birth defect registry in a timely manner; and
(3) Taking actions to address potential birth defects and other health problems related to exposure to pesticides, particularly among those population groups that are at higher risk of exposure.
SECTION 2. Section 321-422, Hawaii Revised Statutes, is amended to read as follows:
"[[]§321-422[]]
Birth defects program. (a) The
department of health shall establish the statewide birth defects program to:
(1) Collect surveillance information on birth defects and other adverse reproductive outcomes;
(2) [Report] Annually report
the incidence, trends, and causes of birth
defects and other adverse reproductive outcomes;
(3) [Report] Annually report
information for the development of prevention strategies to reduce the
incidence of birth defects and other adverse reproductive outcomes; [and]
(4) Develop strategies to improve the
access of children with birth defects to
health and early intervention services[.]; and
(5) Design and implement a
comprehensive testing and biomonitoring program targeting pregnant women, children,
and newborn infants to determine the presence of pesticides, including
chlorpyrifos, that may result from low-level, long-term chronic exposure. This program shall particularly target those
children whose families live or work in areas subject to consistent or high
levels of pesticide use.
(b)
In collecting the data required under subsection (a)(1),
the department shall consult with national experts on birth defects,
epidemiologists with experience in pesticide exposure, and local physicians
with experience in treating birth defects and pesticide exposure for purposes
of reviewing the department's data collection methodology and practices to
ensure that the birth defect registry accurately reflects any risk of birth
defects posed to children in Hawaii from pesticide exposure. The department shall, after consulting with
national experts, epidemiologists, and local physicians and, if necessary,
revising its data collection methodology and practices, move forward in an
urgent manner to fully update the birth defect registry statewide."
SECTION 3. The department of health shall complete its consultation and revisions and fully update the birth defect registry pursuant to this part no later than .
SECTION 4. There
is appropriated out of the general revenues of the State of Hawaii the sum of $
or so much thereof as may be necessary for fiscal year 2018-2019 to be
deposited into the birth defects special fund.
SECTION 5. There
is appropriated out of the birth defects special fund the sum of $
or so much thereof as may be necessary for fiscal year 2018-2019 for
consultation with national and local experts on pesticide exposure and birth
defects, revision of data collection methodology and processes, and updating of
the birth defects registry.
The sum appropriated shall be expended by
the department of health for the purposes of this part.
PART II
SECTION 6. Chapter 149A, Hawaii Revised Statutes, is amended by adding four new sections to be appropriately designated and to read as follows:
"§149A- Reporting
of pesticide use. (a) The department of health shall require every
major pesticide user to report all pesticide use, including normal use and
experimental use, to the department of health.
(b) Reports required pursuant to subsection (a)
shall include the commercial product name, active ingredient, general
geographic location of the use, and proximity to human activity.
(c) Reports required pursuant to subsection (a)
shall be made:
(1) At least
forty-eight hours prior to each proposed use; and
(2) Each month,
listing all pesticide uses over the previous month.
(d) The department of health shall publish on its website the public information contained in the reports required pursuant
to subsection (a) submitted to the department; provided that the department
shall not post information on its website
protected by section 92F-13.
(e) The department of health may prepare any
forms necessary to meet the requirements of this section. In addition to any other administrative
requirements, the department may also require the persons or entities filing
pesticide records, reports, or forms to furnish an additional form that shall
be suitable for posting online in response to requests pursuant to chapter 92F
or title 5 United States Code section 552; provided that the additional form may
not require the disclosure of information protected by section 92F-13.
(f) The department of health may cease collecting
and publishing the reports required under this section after the department:
(1) Completes its
consultation with experts, revision of data collection methodology and
processes, and update of the birth defects registry as required by section
321-422; and
(2) Certifies that there is no risk to the affected community from exposure to pesticides.
§149A- Pesticide-free buffer zones. (a) The department of health
shall prohibit the use of any restricted use pesticide by a major pesticide
user within one-quarter mile from any hospital, public park, public building,
public beach, church, or any other public
area, or within five hundred feet of
any school grounds or private home.
(b)
The department of health may rescind all or part of the prohibition in
subsection (a) after
the department:
(1) Completes its
consultation with experts, revision of data collection methodology and
processes, and update of the birth defects registry as required by section
321-422; and
(2) Certifies that there is no risk to the affected community from exposure to pesticides.
§149A- No preemption. Nothing in this chapter shall be construed to preempt or prohibit the authority of the State and counties, or any agency or subdivision thereof, to regulate pesticide disclosure, notification, and use, including the establishment of pesticide-free buffer zones, more stringently than under this chapter.
§149A- Temporary ban on chlorpyrifos use. (a) Beginning on January
1, 2019, the department of health shall prohibit the use of any pesticide
containing chlorpyrifos as an active ingredient.
(b)
The department of
health may rescind all or part of the prohibition in subsection (a) only after the department:
(1) Completes its
consultation with experts, revision of data collection methodology and
processes, and update of the birth defects registry as required by section
321-422; and
(2) Certifies that there is no risk to newborns from exposure to chlorpyrifos."
SECTION 7. Section 149A-2, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Major pesticide user" means any entity that purchases or uses five or more pounds or fifteen or more gallons of restricted use pesticides in a twelve-month period."
PART III
SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 9. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Birth Defects; Pesticides; Department of Health; Temporary Ban; Reports; Database; Birth Defect Registry
Description:
Requires department of health to update how it obtains information for the birth defect registry with respect to pesticides, develop a comprehensive pesticide testing program, require reporting of pesticide use, ban pesticide use near public areas, and ban use of chlorpyrifos.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
