STAND. COM. REP. NO. 2913

Honolulu, Hawaii

RE: S.B. No. 2103

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 2103, S.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:

(1) Require the Department of Agriculture and Biosecurity to use consistent units of measurement in its summary to the public on the amounts of restricted use pesticides applied;

(2) Establish a one-half mile buffer zone for pesticides around schools during normal school hours and state and county public parks; and

(3) Establish certain exemptions.

Your Committee received testimony in support of this measure from one member of the Kauaʻi County Council; Hawaiʻi State Youth Commission; Hawaiʻi State Teachers Association; Hawaiʻi Farmers Union United; Kulia I Kaʻnuu Outreach Services; Greener Hawaii; Green Party of Hawaiʻi; League of Women Voters of Hawaii; Hawaii Chapter of the American Academy of Pediatrics; Ka Ohana O Na Pua; Earthjustice; Hawaiʻi Public Health Institute; Hawaiʻi Alliance for Progressive Action; Kahua O Kakou, Hui; Hawaiʻi Food+ Policy; Laʻakea Village; Kanalani Ohana Farm; Hawaiʻi Nurses' Association, OPEIU Local 50; Sustainable Coastlines Hawaiʻi; and numerous individuals.

Your Committee received testimony in opposition to this measure from the Hawaii Crop Improvement Association; Sugarland Farms, Inc.; CropLife America; Hawaiʻi Farm Bureau; Land Use Research Foundation of Hawaii; and two individuals.

Your Committee received comments on this measure from the Department of Agriculture and Biosecurity, Department of Land and Natural Resources, and American Chemistry Council.

Your Committee finds that pesticide use can be associated with neurological deficits and acute health effects, particularly in children. Your Committee further finds that more than twenty-five schools in the State are located in close proximity to agricultural fields where pesticides are frequently applied, making them susceptible to pesticide drift. This measure aims to facilitate better transparency in public summaries and reduce risks of pesticides across the State.

Your Committee has amended this measure by:

(1) Inserting language to extend the buffer zone exemption to:

(A) Pesticides specifically used for the purposes of treating and preserving structural insulation; and

(B) Invasive species control conducted by the Department of Agriculture and Biosecurity, Department of Land and Natural Resources, or its agents, including the invasive species committees, when responding to biosecurity threats;

(2) Inserting an effective date of July 1, 2050, to encourage further discussion; and

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

Your Committee notes the concerns expressed by the Department of Agriculture and Biosecurity that there may be a need to define time restrictions for the buffer zone around parks, conduct further drift assessments, address any unintended consequences for water safety, and enable stakeholders to adjust to restrictions, which may necessitate a delayed implementation timeframe for this measure. Accordingly, your Committee respectfully requests that subsequent Committees to which this measure is referred consider these issues as this measure moves through the legislative process.

As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2103, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2103, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

________________________________

JARRETT KEOHOKALOLE, Chair