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Home My WebLink AboutCOM 0392.112 2014-2016 Margaret Wille os Phone No. Hilo: 808 961-8027 Council Member ./P•• '•':I,• Phone No. Waimea: (808)887-2043 /district 9-North and South Kohala "��'?• Fax No.: (808)887-2072 E-Mail: mwille@co.hawaii.hi.us • • HAWAII COUNTY COUNCIL County of Hawai`i Hawai`i County Building Holomua Center West Hawaii Civic Center Bldg. A 25 Aupuni Street 64-1067 Mamalahoa Highway.Suite C-5 74-5044 Ane Keohokalole Hwy. Hilo, Hawai`i 96720 Waimea, Hawaii 96743 Kailua-Kona, Hawarg967 La, -C� TO: Dru Mamo Kanuha, Council Chair and Members of the Hawai`i County Council FROM: Margaret Wille, Council Member 53 DATE: August 17, 2015 •o SUBJECT: Proposed Amendments to Bill No. 71; Relating to Public Exposure to Toxic Herbicides Please find attached proposed amendments to Bill No. 71. The proposed amendments are illustrated below in Ramseyer format with respect to the contents of Bill No. 71 (material to be deleted is bracketed and stricken; material to be added is underscored): 1. SECTION 1 of Bill No. 71 is amended to read as follows: "SECTION 1. Findings. The use of toxic herbicides in public spaces, such as in parks and along roadsides and sidewalks, subjects unknowing persons and other species to a high risk of exposure to dangerous chemicals. There is more and more evidence that cumulative exposure to toxic herbicides, such as those containing glyphosate, is harmful to people as well as to land and water ecosystems. Alternative ways to manage weeds in a manner that enhances environmental wellbeing are available, including manual removal, planting of cover plants that beautify public ways and roadsides, and other more eco-friendly spray applications. The scope of this ordinance is limited to County owned or maintained public spaces and easements and waterways and does not affect the use of herbicides on private property. The effective date of this ordinance is [July 1, 2016,] January 1, 2017, in order to provide a transition period to determine which alternative weed management practice would be most effective and economical, as well as using this policy change as an opportunity to partner with organizations in order to enhance roadway beautification projects." Comm. No. 3q,z.,//2 Ref. To: P/EM �— Serving the Interests of the People of Our Island Ref. Dote AUG 1 8 2015 Hawai`i County Is An Equal Opportunity Provider And Employer August 17, 2015 Page 2 of 2 2. SECTION 2 of Bill No. 71 is amended by amending the new section for "Definitions"to read as follows: "Section 14- . Definitions. As used in this article, unless otherwise specified: "Toxic herbicides" means those agents used to dispose of unwanted plants that are not deemed to be "eco-friendly," including but not limited to those containing glyphosate, 2,4-Dichlorophenoxyacetic, atrazine, dioxin, picloram, bipyridinium, and diphenyl ether[, . •: •-- , . _. . .. . ]. All herbicide products that bear a [signal] label of"dangerous," "warning," "caution," "toxic to fish," or"toxic to fish and wildlife," or that indicate a risk of groundwater contamination, are included as "toxic herbicides." [- - . . .. . ' - .• . signal label of"caution" are excluded from the definition of"toxic herbicides."]" 3. SECTION 4 of Bill No. 71 is amended to read as follows: "SECTION 4. This ordinance shall take effect on [July 1, 2016.] January 1, 2017." A draft copy of Bill No. 71, Draft 2, is attached with the amendments incorporated therein. Thank you. MW/dh Att. AN ORDINANCE AMENDING CHAPTER 14, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE TO DECREASE PUBLIC EXPOSURE TO TOXIC HERBICIDES. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Findings. The use of toxic herbicides in public spaces, such as in parks and along roadsides and sidewalks, subjects unknowing persons and other species to a high risk of exposure to dangerous chemicals. There is more and more evidence that cumulative exposure to toxic herbicides, such as those containing glyphosate, is harmful to people as well as to land and water ecosystems. Alternative ways to manage weeds in a manner that enhances environmental wellbeing are available, including manual removal, planting of cover plants that beautify public ways and roadsides, and other more eco-friendly spray applications. The scope of this ordinance is limited to County owned or maintained public spaces and easements and waterways and does not affect the use of herbicides on private property. The effective date of this ordinance is January 1, 2017, in order to provide a transition period to determine which alternative weed management practice would be most effective and economical, as well as using this policy change as an opportunity to partner with organizations in order to enhance roadway beautification projects. SECTION 2. Chapter 14, Hawai`i County Code 1983 (2005 Edition, as amended), is amended by adding a new article to be appropriately designated and to read as follows: "Article . Use of Toxic Pesticides in Hawaii County Parks, Roadways, and Other County Spaces and Waterways Prohibited. Section 14- . Purpose. The purpose of this ordinance is to decrease the exposure of humans, birds, animals, beneficial insects, and aquatic life to toxic herbicides in public places, roadways, and waterways. Section 14- . Definitions. As used in this article, unless otherwise specified: "Toxic herbicides" means those agents used to dispose of unwanted plants that are not deemed to be "eco-friendly," including but not limited to those containing glyphosate, 2,4-Dichlorophenoxyacetic, atrazine, dioxin, picloram, bipyridinium, and diphenyl ether. All herbicide products that bear a label of "dangerous," "warning," "caution," "toxic to fish," or"toxic to fish and wildlife," or that indicate a risk of groundwater contamination, are included as "toxic herbicides." Section 14- . Toxic herbicides prohibited. The use of toxic herbicides is prohibited in all County owned or maintained public parks and along all County owned or maintained roads, bikeways, sidewalks, trails, and waterways." SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall 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 declared to be severable. SECTION 4. This ordinance shall take effect on January 1, 2017. 2