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Home My WebLink AboutCOM 0491.062 2020-2022 REBECCA VILLEGAS - Phone: (808)323-4267 Council Member Fax: (808)329-4786 District 7, Central Kona Email:Rebecca.villegas@hawaiicounty.gov HAWAII COUNTY COUNCIL County of Hawai`i West Hawaii Civic Center, Bldg.A 74-5044 Ane Keohokalole Hwy. Kailua-Kona, Hawai'i 96740 � t DATE: November 29, 2021 TO: Maile Medeiros David, Council Chair and Members of the Hawaii County Council FROM: Rebecca Villegas b District 7 Council Member SUBJECT: Proposed amendments to Bill No. 91: A Bill for an Ordinance Amending Chapter 15, Hawaii County Code 1983 (2016 Edition, as Amended), by Adding a New Article 12 Prohibiting Use of Glyphosate-Based Pesticides in County Parks and Recreational Facilities. Please see below proposed amendments to Bill No. 91. These amendments would: 1. In SECTION 1, revise the contents of the Purpose section to read as follows: "SECTION 1. Purpose. The Council finds that glyphasate based pestieides have been linked to ifiefeased risk 0 eafeinogen. Sinee then, thoiisands of lawsuits have been filed against the lafgest against this manufaettffef, totaling evef $2 billion f6r-damages resulting ffem the adverse health aff-eets of these r ,,duets fields,in the Gotmly of 14awai'i glyphosate based pestieides are routinely used to eontfol vegetation in publie pafks, sidewalks, and 3 as well as alang fence liffes and foads. The foutine use of this substanee has the potential to sttbjeet County 7 the 1 and wildlife to a high risk of expasttfe to this dangei:ou-s chemiea ] Comm. o. Ref. To: F/(,6LXAcjj. Serving the Interests of the People of Our Island Ref, bate NUV Z 9 2021 Hawai`i County Is an Equal Opportunity Provider And Employer This ordinance is intended to reduce the use in County parks and recreational facilities of r s llympheffi ] glyphosate-based products which have the potential to subject County workers, the public, and wildlife to health risks. This efdinanee shall not be eanstfued to pfohibit the use of glypliasate-based pestieides .y pefsens or-epAities other than the ]" 2. In SECTION 2 of the bill, revise section 15-92 by adding the following underscored language to read as follows: "Section 15-92. Glyphosate-based pesticides in County parks and recreational facilities prohibited. Lal Except as otherwise provided in this article,the County shall not use, or permit to be used by County contractors, pesticides that contain Glyphosate as its active ingredient in all County parks and recreational facilities on or after July 1, 2022. (b) This ordinance shall not be construed to prohibit the use of glyphosate-based pesticides by persons or entities other than the County." For illustrative purposes, a copy of the Draft 2 of Bill No. 91, that would result if these proposed amendments are adopted, is attached with the amendments incorporated therein. RV/lc Att. i a i 'i ,i t i i i i i 2 I i i AN ORDINANCE AMENDING CHAPTER 15, HAWA `I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE 12 PROHIBITING USE OF GLYPHOSATE-BASED PESTICIDES IN COUNTY PARKS AND RECREATIONAL FACILITIES. j BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: 4 SECTION 1. Purpose. This ordinance is intended to reduce the use in County parks and recreational facilities of glyphosate-based products which have the potential to subject County workers, the public, and wildlife to health risks. SECTION 2. Chapter 15, Hawaii County Code 1983 (2016 Edition, as amended), is amended by adding a new article to read as follows: "Article 12. Pesticide Use in County Parks and Recreational Facilities. Section I5-91. Definitions. As used in this article, unless otherwise specified: "County park and recreational facility" means a park or recreational facility listed in section 15-68.1, the County's park and recreational facility schedule. "Emergency"means an urgent need to mitigate or eliminate a plant pest that threatens public health and safety. "Minimum risk products and methods" are products and methods that are not required to be regulated by the Environmental Protection Agency under 40 CFR 152.25. "Pesticide" means: (1) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; or (2) Any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. Section 15-92. Glyphosate-based pesticides in County parks and recreational facilities prohibited. (a) Except as otherwise provided in this article, the County shall not use, or permit to be used by County contractors, pesticides that contain Glyphosate as its active ingredient in all County parks and recreational facilities on or after July 1, 2022. (b) This ordinance shall not be construed to prohibit the use of glyphosate-based pesticides by persons or entities other than the County. 3 Section 1 -93. Exemptions. (a) This article does not prohibit private property owners or those in control of private property, that is located adjacent to a County road easement from using glyphosate-based pesticides on that easement, provided such activity is not in violation of the provisions of chapter 149A, Hawaii Revised Statutes. (b) The Hilo Municipal Golf Course, Hilo Drag Strip, and County cemeteries are exempt from the provisions of this article, except for the provisions of section 15- 94, relating to the use of other synthetic pesticides. (c) Emergency. Should an emergency arise that necessitates a temporary exemption to the provisions of this article, the mayor or applicable department may submit a formal request to the council for such an exemption,provided that: actions taken during an exemption period are solely for the purpose of mitigating a public health hazard or emergency; all other methods available are demonstrated to be inadequate in mitigating said emergency; and that a time frame for this exemption to take place is presented and affirmed. Requests for an emergency exemption from the provisions of this article shall be made by official communication from the mayor or applicable department making the request for exemption. Section 15-94. Use of other synthetic pesticides in County parks and recreational facilities. (a) When a pesticide other than one that is glyphosate-based or that is not considered a "minimum risk product and method," is applied by the County onto a County park or recreational facility, pesticides shall be applied in accord with the following: (1) Pesticide applications shall comply with the provisions of chapter 149A-31(1), Hawaii Revised Statutes; (2) The area sprayed shall be made inaccessible to the public until the sprayed product dries, but for no less than four hours, or in accordance with the product's label; and (3) All directions on the label must be adhered to, such as wind or rain condition restrictions. (b) A visible notice, in the form of temporary signage shall be posted at the location of pesticide application, identifying the pesticide used by name." SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect on July 1, 2022. 4