STAND. COM. REP. NO. 3073

Honolulu, Hawaii

RE: H.B. No. 2136

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Agriculture and Environment, to which was referred H.B. No. 2136, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO AGRICULTURE,"

begs leave to report as follows:

The purpose and intent of this measure is to require the Department of Agriculture to establish and implement a pesticide inspection program that:

(1) Increases compliance with proper use of restricted use pesticides by agricultural producers;

(2) Ensures the continued prohibition on the use of chlorpyrifos; and

(3) Informs the public of the most recent pesticide inspection results for agricultural producers.

Your Committee received testimony in support of this measure from the Hawaiʻi Farmers Union United, Hawaiʻi Alliance for Progressive Action, Democratic Party of Hawaiʻi, and six individuals.

Your Committee received comments on this measure from the Department of Agriculture, Hawaiʻi Farm Bureau, and Hawaii Crop Improvement Association.

Your Committee finds that pesticide exposure can cause significant harm to public health and the environment, especially restricted use pesticides, as deemed by the State. This measure will protect the health of the environment and people by increasing compliance with the pesticides law through inspections and promoting transparency and accountability within the agricultural sector regarding the use of restricted use pesticides in the State.

Your Committee recognizes that the Department of Agriculture currently has a fully functional pesticide inspection program that is implemented by its Pesticides Branch. Your Committee notes that the Pesticides Branch uniformly inspect and regulates the use of restricted use and general use pesticides by all users, including those of the landscaping, ornamental and nursery, and pest control industries. Your Committee further notes that the results of the Pesticides Branch's inspections are already available to the public via a records request under Hawaii's Public Records Law or the Department of Agriculture's website.

Accordingly, your Committee has amended this measure by:

(1) Deleting language that would have required the pesticide inspection program to inform the public of the most recent pesticide inspection results for agricultural producers; and

(2) Deleting references to agricultural producers, including the definition of an agricultural producer, to expand the scope of the pesticide inspection program to apply to all users of restricted use pesticides, including chlorpyrifos.

As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2136, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2136, H.D. 2, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

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

________________________________

MIKE GABBARD, Chair