STAND. COM. REP. NO. 1808

Honolulu, Hawaii

RE: H.B. No. 692

H.D. 1

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 692, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PESTICIDES,"

begs leave to report as follows:

The purpose and intent of this measure is to increase administrative and criminal penalties for violators of Hawaii pesticides laws.

Your Committee received testimony in support of this measure from the Department of Agriculture, Hawai‘i SEED, Hānai Hives, Hawai‘i Food+ Policy Internship 2023, Imua Alliance, Education Caucus of the Democratic Party of Hawai‘i, Hawai‘i Farmers Union United, Hawai‘i Alliance for Progressive Action, Wild Kids, and twenty-three individuals. Your Committee received comments on this measure from the Hawaii Crop Improvement Association.

Your Committee finds that fines for violations of Hawai‘i pesticide laws have not increased for twenty-two years for commercial pesticide applicators and nearly fifty years for private pesticide applicators. In the last five years, the Pesticides Branch of the Plant Industry Division of the Department of Agriculture has issued and closed almost one hundred notices of violation for companies or individuals who had repeat use violations. This measure will increase the fines for violations of Hawaii pesticide laws, which will deter applicators from violating the laws and better protect the people and environment of Hawai‘i.

Your Committee has amended this measure by:

(1) Specifying that the minimum administrative penalty for any registrant, commercial applicator, wholesaler, dealer, retailer, or other distributor who violates the Hawai‘i pesticides laws is $1,000; and

(2) Specifying that the minimum administrative penalty for any private applicator who violates the Hawai‘i pesticides laws is $250.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 692, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 692, H.D. 1, S.D. 1.

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

________________________________

KARL RHOADS, Chair