HB 1766

HOUSE OF REPRESENTATIVES
H.B. NO.
1766
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO PESTICIDES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� The
legislature finds that pesticide exposure can cause significant harm to public
health and the environment.� Restricted
use pesticides have been deemed to have high potential to cause harm to
surrounding communities, farm workers, pollinators, the environment, and other
crops.� Comprehensive pesticide use data
is therefore essential to accurately assess risks and ensure that communities
are protected from adverse impacts.
���� The
legislature further finds that Act 45, Session Laws of Hawaii 2018, established
requirements intended to address pesticide abuse in Hawaiʻi,
including requiring all users of restricted use pesticides to annually report
on their use of restricted use pesticides to the department of agriculture and
biosecurity.� However, robust and
meaningful analysis of environmental and public health impacts of pesticides is
contingent on more comprehensive reporting.
���� The
legislature also finds that currently, pesticide users are required to report
the address, tax map key, and location of the application site, but are not
required to provide specific geospatial data that could provide comprehensive
mapping of pesticide impacts.� This poses
difficulties for communities who live adjacent to large tracts of agricultural
land.� According to the state-sponsored
Joint Fact Finding Study Group, Pesticide Use by Large Agribusinesses on Kauaʻi
(2016), "more information is needed about the time and place of
applications along with greater oversight to ensure compliance on all
Islands.� Again, California appears to
lead the nation in studies of chronic health effects and/or associations with pesticide
use.� They are able to reach this level
of scientific inquiry because they require careful reporting of pesticide
applications that specify what was sprayed, where, when, and in what
quantities."� Improved reporting in
Hawaiʻi can provide policymakers and public
health experts with important data with which to make evidence‑based
decisions about pesticide use.
���� Accordingly,
the purpose of this Act is to protect the health of Hawaiʻi's
environment and people and enable more informed public health decision�making
through improving reporting requirements for restricted use pesticides by:
���� (1)� Requiring quarterly rather than annual
reporting of all use of restricted use pesticides;
���� (2)� Amending the contents of the reports to
include detailed geospatial information and increased detail and uniformity
regarding the amount of product and chemicals applied; and
���� (3)� Appropriating funds for the department
of agriculture and biosecurity to develop an online reporting tool for
restricted use pesticides.
���� SECTION 2.� Section 149A-26, Hawaii Revised Statutes, is
amended to read as follows:
���� "[[[]]�149A-26[[]]]� Post-application reporting of pesticide use.� (a)� [[Beginning
January 1, 2019, every]] Every user of restricted use pesticides
shall be subject to the requirement to submit to the department, for
departmental use, [[an annual]] a quarterly report of all use of
restricted use pesticides as provided in this section.
���� (b)� No later than thirty days following the end
of each calendar [[year,]] quarter, every entity that uses
restricted use pesticides shall provide to the department a report of all
restricted use pesticides used during the preceding calendar [[year.]] quarter.
���� (c)�
The department shall adopt rules pursuant to chapter 91 requiring that
the [[annual]] quarterly reports include the following information:
���� (1)� A listing, by federal and state
registrations or permit numbers, commercial product names, and active
ingredients, of all restricted use pesticides used;
���� (2)� The total quantities used for each
restricted use pesticide[[;]], listed by type in pounds of active
ingredient applied and percentage of active ingredient found in any restricted
use pesticide applied;
���� (3)� A
[[general]] detailed description of the geographic location,
including, at a minimum[[, the]]:
��������� (A)� Geospatial data and information up
to an area of one square mile; and
��������� (B)� The tax map key number, at which the restricted use
pesticides were used; and
���� (4)� The
date on which the restricted use pesticide application occurred."
���� SECTION 3.� Section 149A-27, Hawaii Revised Statutes, is
amended to read as follows:
���� "[[[]]�149A-27[[]]]� Public reports; contents.� The department shall produce a summary,
for public disclosure, by county, that includes:
���� (1)� The total quantities used, by federal
and state registrations or permit numbers, commercial product names, and active
ingredients, for each restricted use pesticide used[[; and]], including
a breakdown by type in pounds of active ingredient applied and percentage of
active ingredient found in any restricted use pesticide applied;[]
���� (2)� The amount of area in the county in which the
restricted use application occurred[[.]]; and
���� (3)� Geospatial data and information up to an
area of one square mile where the restricted use pesticide application
occurred."
���� SECTION 4.�
The department of agriculture and biosecurity shall develop an online
reporting tool for restricted use pesticide reporting pursuant to section
149A-26, Hawaii Revised Statutes.
���� SECTION 5.�
There is appropriated out of the general revenues of the State of Hawaii
the sum of $  or so
much thereof as may be necessary for fiscal year 2026-2027 for the department
of agriculture and biosecurity to develop an online reporting tool for
restricted use pesticide reporting.
���� The sum appropriated shall be expended by
the department of agriculture and biosecurity for the purposes of this Act.
���� SECTION 6.�
Statutory material to be repealed is bracketed and stricken.� New statutory material is underscored.
���� SECTION 7.�
This Act shall take effect on July 1, 2026.
INTRODUCED BY:
_____________________________
Report Title:
DAB;
Pesticides; Restricted Use; Geospatial Data; Reports; Online Reporting Tool;
Appropriation
Description:
Requires
quarterly rather than annual reporting of all use of restricted use
pesticides.� Amends the contents of
reports to include specific geospatial data and information and increased
detail on the amount of restricted use pesticides used.� Requires the Department of Agriculture and
Biosecurity to develop an online reporting tool for restricted use pesticides.� Appropriates funds.
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