SB3040 HD1

SECTION 1. The legislature finds that glyphosate is a broad-spectrum herbicide, meaning that the herbicide 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.

The legislature 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. The International Agency for Research on Cancer's determination was based on a rigorous assessment that concluded that there was sufficient evidence of carcinogenicity in experimental animals. In California, three successful lawsuits against Bayer, formerly Monsanto, were won by plaintiffs through the jury's conclusion that a connection existed between the plaintiffs' extended use of Roundup and their development of non-Hodgkin's lymphoma. To date, 42,700 plaintiffs have filed lawsuits against Bayer over Roundup use and Bayer has lost billions in market value since the lawsuits began in 2018. In 2019, Bayer committed $5,600,000,000 of its research and development budget into alternatives to its glyphosate weed killer.

The legislature also finds that many countries and cities and municipalities in the United States have moved to ban or restrict glyphosate use, citing potential environmental and human health risks posed by extended exposure to glyphosate. In 2017, California determined that significant exposure to glyphosate caused cancer and listed it under proposition 65, which required businesses "to provide a warning when they cause an exposure to a chemical listed as known to the state to cause cancer".

The legislature additionally finds that glyphosate may have a negative agricultural and environmental impact. Local bees contribute $225,000,000 a year to Hawaii's economy through honey and queen bee production and agricultural pollination. Hawaii is also home to sixty-three endemic species of bees, seven of which are listed as endangered, that provide pollination to many of Hawaii's native plant species. A 2018 study by researchers from the University of Texas at Austin found bee exposure to glyphosate "increases susceptibility to infection by opportunistic pathogens". Another 2018 study published by the Public Library of Science found glyphosate residue present in some of the honey taken from Kauai beehives and honey purchased in stores. Thus, glyphosate may pose a threat to the State's local bees.

However, the legislature notes that 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". Bayer maintains "that glyphosate and (their) glyphosate-based formulated products can be used safely and are not carcinogenic". Over forty years of glyphosate use has followed these assumptions.

Given the mixture of evidence, the legislature finds that it is prudent to assess the impacts of glyphosate use in Hawaii.

The purpose of this Act is to establish a glyphosate task force comprised of members representing state, county, and federal agencies to assess the impact of glyphosate on Hawaii's natural environment, human health, and agriculture.

SECTION 2. (a) There is established the glyphosate task force within the department of agriculture for administrative purposes. The task force shall assess the impact of glyphosate on Hawaii's natural environment, human health, and agriculture. In conducting its assessment, the task force shall determine the following:

(1) Whether glyphosate users correctly apply glyphosate products, as determined by the label, and if there is a need for further user education;

(2) The number of glyphosate users using fifty gallons or more of glyphosate per year;

(3) The number of glyphosate test sites in Hawai‘i;

(4) The accessibility of online education for glyphosate users;

(5) The current levels of glyphosate used to combat invasive species;

(6) The costs and benefits of using glyphosate alternatives instead of current glyphosate applications; and

(7) A fiscal analysis of potential liabilities to the State from the State's use of glyphosate.

(b) The task force shall consist of the following members:

(1) The chairperson of the board of agriculture, or the chairperson's designee, who shall serve as co-chairperson of the task force;

(2) The director of health, or the director's designee, who shall serve as co-chairperson of the task force;

(3) The superintendent of education, or the superintendent's designee;

(4) The chairperson of the board of land and natural resources, or the chairperson's designee; and

(5) The dean of the University of Hawaii at Manoa college of tropical agriculture and human resources, or the dean's designee.

(1) A representative from the United States National Park Service;

(2) A representative of each county, to be selected by the office of the mayor of that county;

(3) A representative of the house of representatives, to be selected by the speaker of the house of representatives; and

(4) A representative of the senate, to be selected by the president of the senate.

(d) If a task force member vacates the member's membership on the task force, that member shall notify all current members of the task force of the vacancy and designate a replacement within fourteen calendar days of providing notice. If a vacating task force member does not designate a replacement within fourteen calendar days of providing notice, the co-chairpersons of the task force shall designate an appropriate representative to fill the task force vacancy.

(e) The task force shall convene its initial meeting no later than July 31, 2021, and shall convene no less than four times. The task force meeting schedule shall be determined by its members.

(f) The task force shall be exempt from chapter 92, Hawaii Revised Statutes.

(g) The task force shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2022.

(h) The task force shall cease to exist on June 30, 2022.

(i) For the purposes of this section, "glyphosate" includes all herbicides that contain glyphosate as one of the active ingredients and tank mixes of herbicides containing glyphosate as one of the active ingredients.

SECTION 3. This Act shall take effect on July 31, 2150; provided that this Act shall be repealed on June 30, 2022.

THE SENATE	S.B. NO.	3040
THIRTIETH LEGISLATURE, 2020		S.D. 1
STATE OF HAWAII		H.D. 1