STAND. COM. REP. NO. 1032-20

Honolulu, Hawaii

, 2020

RE: S.B. No. 3040

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred S.B. No. 3040, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

begs leave to report as follows:

The purpose of this measure is to protect the State's residents and environment and ensure more stringent enforcement of Hawaii's pesticide law by:

(1) Requiring the Department of Agriculture to submit annual reports to the Legislature on pesticide inspections and compliance investigations; and

(2) Increasing monetary fines for pesticide violations.

Your Committee received testimony in support of this measure from one member of the Hawaii County Council; Hawaii Alliance for Progressive Action; For Forgotten Felines; Hawaii SEED; GMO Free Kauai; The MOM Hui; Hawaii Center for Food Safety; Animal Rights Hawaii; Americans for Democratic Action-Hawaii; We Are One, Inc.; Young Progressives Demanding Action; Hookipa Network-Kauai; Surfrider Foundation-Kauai Chapter; Kihei Community Association; Apollo Kauai; Zero Waste Kauai; Eco Tipping Points Project; and over one hundred individuals. Your Committee received testimony in opposition to this measure from the Hawaii Farm Bureau, Western Plant Health Association, and Hawaii Pest Control Association. Your Committee received comments on this measure from the Department of Agriculture, IMUAlliance, and Hawaii Crop Improvement Association.

Your Committee finds that pesticide use, particularly use of the pesticide glyphosate, can significantly affect public health and welfare. Glyphosate is a broad-spectrum herbicide that kills many varieties of green vegetation and is widely used in agricultural, residential, aquatic, and other settings. Glyphosate is the most widely used herbicide globally and within the United States due to the widespread cultivation of "Roundup Ready" crops, which are crops that have been genetically engineered to withstand the application of a glyphosate-based herbicide, Roundup.

Your Committee further finds that there is growing, yet mixed, evidence on the potential harmful effects of glyphosate. In 2015, the International Agency for Research on Cancer, a division of the World Health Organization and the world's leading authority on cancer, unanimously concluded that glyphosate is a probable carcinogen. However, the United States Environmental Protection Agency continues to find "no risks to public health when glyphosate is used in accordance with its current label and that glyphosate is not a carcinogen". Due to the widespread use of glyphosate, your Committee finds that more information is needed to determine the impacts of glyphosate.

Accordingly, your Committee has amended this measure by:

(1) Deleting its contents and inserting the language of H.B. No. 2197, H.D. 1, which establishes the Glyphosate Task Force (Task Force) until June 30, 2022, to be composed of members representing state, county, and federal agencies to assess the impact of glyphosate use on Hawaii's natural environment, human health, and agriculture;

(2) Changing the effective date to July 31, 2150, to encourage further discussion; and`

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3040, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3040, S.D. 1, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Agriculture,

____________________________

RICHARD P. CREAGAN, Chair