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Home My WebLink AboutBIL 245 Draft 02 2014-2016 EMC-15 Continuation October 18,2016 RECOMMENDED CONFIRMATION: Ayes: Committee Members Chung, David, Eoff, Ilagan, Kanuha, Paleka, Poindexter, Wille, and Chair Onishi—9. Noes: None. Absent: None. Excused: None. BILLS FOR ORDINANCES Bill 245: AMENDS CHAPTER 14, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE TO DECREASE PUBLIC EXPOSURE TO TOXIC HERBICIDES Prohibits the use of toxic herbicides in County owned or maintained public parks and along all County owned or maintained roads, bikeways, sidewalks, trails, and waterways. Reference: Comm. 1075 Intr. by: Ms. Wille Postponed: October 4, 2016 (Note: There is a motion by Ms. Wille, seconded by Ms. Poindexter, to recommend passage of Bill 245 on first reading.) AMENDED TO DRAFT 2 AND REFERRED TO THE ENVIRONMENTAL MANAGEMENT DIRECTOR AND ENVIRONMENTAL MANAGEMENT COMMISSION: Ayes: Committee Members Chung, David, Eoff, Ilagan, Kanuha Poindexter, and Wille—7. Noes: Committee Members Paleka and Chair Onishi—2. Absent: None. Excused: None. Page 2 4O;M`Y OSMA••• COUNTY OF HAWAII STATE OF HAWAII • BILL NO. 245 ORDINANCE NO. (DRAFT 2) 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, including 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, 2017, in order to provide a transition period prior to the effective date of the prohibition on July 1, 2019, 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 interested non-profit organizations. This ordinance is consistent with the Hawaii State Constitution, Article XI, Section 9, which provides: "Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party, public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law." This ordinance is consistent with the Hawai`i State Constitution, Article XI, Section 1, which provides: "For the benefit of present and future generations, the State and its political subdivisions shall conserve and protect Hawai`i's natural beauty and all natural resources, including land, water, air, minerals and energy sources, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self- sufficiency of the State. All public natural resources are held in trust by the State for the benefit of the people." This ordinance is consistent with Hawai`i County Charter section 13-29 "Conservation of Natural and Cultural Resources,"which provides: "For the benefit of present and future generations, the county shall conserve and protect Hawai`i's natural beauty and all natural and cultural resources, including but not limited to land, water, air, minerals, energy sources, wahi pana, surf spots, historic sites, and historic structures, and shall promote the development and utilization of these resources in a manner consistent with their conservation and in furtherance of the self-sufficiency of the county. All public natural and cultural resources are held in trust by the county for the benefit of the people.'" 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 Herbicides in Hawaii County Parks, Roadways, and Other County Spaces and Waterways Prohibited. Section 14- . Purpose. The purpose of this article 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: "Eco-friendly products" means products that are not acutely toxic to the environment; being non-toxic to land and water ecosystems, and generally excludes all products with an Environmental Protection Agency signal word on the product label indicating an acute toxicity level. "Minimum risk products" are products that are not required to be regulated by the Environmental Protection Agency because of the low level of risk in cases of exposure to humans. Examples of the active ingredients in minimum risk products are garlic oil, peppermint oil, and salt. 2 "Signal words"means those words found on pesticide product labels that indicate an acute toxicity level as designated by the Environmental Protection Agency, including the signal words for category I (highest toxicity) "DANGER", category II (mid-level toxicity) "WARNING", category III (lower toxicity) "CAUTION", and category IV (minimal risk of toxicity) no signal word needed. Only those products that fall into the lowest toxicity category by all routes of exposure (oral, dermal, inhalation, and other effects like eye and skin irritation), do not require a signal word label. "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, diphenyl ether, and tyrosine breakdown products. Limonene, including d-limonene (citrus oil), is deemed to be eco- friendly and not a toxic herbicide irrespective of whether the signal word on the product label indicates low toxicity or minimal risk of toxicity, provided that is the only active ingredient in the herbicide. Section 14- . Toxic herbicides in public ways prohibited. Except as otherwise provided in this article, 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 on or after July 1, 2019. Section 14- . Transition. (a) On or after July 1, 2017, the director of research and development in cooperation with the director of parks and recreation and the director of public works, shall take steps to reduce the use of toxic herbicides, including by: (1) Compiling a list of all parks,public ways, and waterways, where toxic herbicides are used and making this list available to the public; (2) Researching alternative approaches to spraying of toxic herbicides, including manual removal and planting of alternative ground covers; (3) Researching and testing alternative eco-friendly products used in other municipalities; (4) Researching the possibility of producing locally and promoting, or both an alternative eco-friendly herbicide; and (5) Engaging in pilot projects in one or more communities and districts to implement strategies to reduce the use of toxic herbicides. (b) On or before July 1, 2018, and annually thereafter, the director of research and development shall report to the council on the status of the department's efforts to reduce the use of toxic herbicides in all County owned or maintained public parks and along all County owned or maintained roads, bikeways, sidewalks, trails, and waterways. Section 14- . Exemptions. (a) When compliance with the terms of this article would be prohibitive in terms of cost or otherwise, the director of environmental management may exempt a location for a defined period of time, and may use a toxic herbicide with a signal word of"Caution," without regard to whether it has been deemed to be"not acutely toxic"provided: 3 (1) Notice that the location will be sprayed with a stated product is posted in a visible location at least twenty four hours before spraying; (2) The area is made inaccessible to the public until the sprayed product dries but for no less than four hours; (3) A blue dye is applied to the product to make it visible to the naked eye; and (4) All directions on the label are adhered to such as wind or rain condition restrictions. (b) All exemptions shall be recorded and made available to the public at the department of environmental management and on the department's website. 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 July 1, 2017. INTRO CED BY: filx....00,.. COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Co . 1075.3 COM. 4