No Protections from Pesticide Drift this Legislative Session

Sadly, another legislative session has passed with no action taken to protect the public health of our keiki from pesticide exposures, despite the overwhelming scientific research, public health consensus and testimony in support. Hawaiʻi’s current 100’ no spray buffer zones around schools during school hours remain woefully inadequate. The research shows that certain pesticides can drift well over a half mile off target at harmful levels, even when applied “correctly”. This is why policies seeking to increase pesticide free buffer zones around schools and other sensitive areas have been a priority of residents living near heavy pesticide usage for well over a decade.

Thanks to so many of you for submitting testimony in support of bills to increase protections and transparency. Your engagement demonstrated overwhelming public support and sent a powerful message to lawmakers. 

A vast body of public health research supports greater protections, especially for children. Our research into the first three years of the data on RUP usage in Hawaiʻi further bolsters support for increased protections.  In 2019 users of restricted use pesticides (RUP’s) were required to report on their usage for the first time. We found that various hot spot communities such as North Central Oʻahu, West Kauaʻi and several others are regularly exposed to a cocktail of various toxic pesticides that are applied at a high frequency and in large quantities. 

However, despite claims that policies such as RUP buffer zones would destroy local agriculture, we found that less than a dozen large agribusiness operations account for approximately 97% of the total RUP usage in Hawaiʻi. The vast majority of agricultural operations in Hawaiʻi use little if any restricted use pesticides at all. 

Here is a post mortem on our top pesticide regulation priorities:

SB2103 - Buffer Zones Around Schools and Parks:

Introduced by Senate Agriculture and Environment Committee Chair, Senator Gabbard, SB2013 would have increased RUP buffers around schools from 100’ to 1/2 mile and added buffers around parks. The bill passed all the way through the Senate and crossed over for the second year in a row. However, it was never heard in the House and died. The House Committee on Agriculture and Food Systems has been unwilling to hear a buffer zone bill since 2018.

HB1880 - Ban on 1,3-D (Telone) Usage:

The most heavily used RUP in Hawaiʻi is a carcinogenic fumigant, 1,3-D, which is heavily prone to drift at harmful levels, even when applied according to regulations. We are grateful to Representative Quinlan, whose constituents are among the most heavily impacted in communities such as Waialua, for introducing HB1880 which would have banned 1,3-D in Hawaiʻi. Dole appears to be the only entity in Hawaiʻi using this pesticide, which is banned in 40 other countries. HB1880 moved entirely through the House, but sadly died in the Senate Agriculture and Environment Committee with Senatorʻs Gabbard and Rhoads voting in support of the bill, and Senators DeCoite, Richards and Awa voting in opposition, ultimately killing the bill.

SB2100 - Improved Reporting on RUP Usage:

This bill, also introduced by Senator Gabbard, would have required users of RUP’s to report on their usage within a square mile. This level of geographic specificity would have allowed for credible public health studies to be conducted to assess risk to adjacent areas. This bill also included provisions to increase the frequency of reporting and to create an online reporting portal. This bill passed through the Senate, crossed over to the House and was gutted in the House Committee on Agriculture and Food Systems. The gutted bill was never scheduled in the House Committee on Finance.

HB1570 + SB2333 - Restricting Neonicotinoid Usage:

Efforts to reign in neonic usage in Hawaiʻi this session didn’t fare well, despite the uproar over injecting coconut trees with these systemic insecticides to address coconut rhinoceros beetles. Neonics are the heavily used insecticide globally and are linked to various human health impacts, as well as pollinator harm and toxicity to aquatic species. Neither HB1570, introduced by Rep. Perruso, or its companion SB2333, introduced by Sen. Gabbard made it to cross over. HB1570 was never scheduled for a hearing in House AGR and SB2333 passed out of Senate AEN but never was heard in CPN/WAM.

The Executive Branch Has a Key Role in Advancing Public Health Protections:

Subject matter expertise from the relevant department testimony can heavily factor into lawmaker decision-making. In the case of the Dept. of Agriculture and Biosecurity (DAB), they offered “comments” on these bills, stating that current EPA requirements provide sufficient protections, and encouraging deferred action on buffer zones until a local drift study is conducted years from now. However, a well established body of public health research provides all the justification necessary to take action immediately. Unfortunately our federal regulatory system often fails to protect public health. Corporate capture of our regulators is well documented, and the burden now falls upon our state to act. DAB must be willing to consider these serious public health concerns, not just the financial interests of large agribusiness. We appeal to the public health expertise of Governor Green, a strong champion for pesticide protections during his tenure in the Senate, to ensure that those serving in his administration are informed and guided by well established public health research.

While we are frustrated by the lack of action, we remain dedicated to protecting public health, especially of our keiki. Stay tuned for more ways to engage.