HomeMy WebLinkAboutCOM 0489.337 2018-2020 I
REBECCA VILLEGAS PHONE: (808)323-4267
Council Member , FAX: (808)323-4786
District ?, Central Kona EMAIL:Rebecca.villegas@hawaiicouuty.gov
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WAI`I COUNTY COUNCIL n
West Hawai`i Civic Center, Bldg. 4 t
74-5044,one Keohokalole Hwy. 3
Kailua-Kona, Hawaii 96740 `_M
N.
Date: November 5, 2019 p M
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To: Aaron S.Y. Chung, Council Chair
and Members of the Hawa `i County Comma it
From: Rebecca Villeg as. Council Member
Subject: Proposed Amendment to Bill No. 101; An Ordinance Amending Chapter 1.4,
Ilawai`i County Code 1983 (2016 Edition, as Amended), by Adding a New
Article 24, Relating to Herbicide Use.
Please see below proposed amendments to Bill No. 1.01. These amendments would:
I. Amend the schedule of prohibited herbicides contained in subsection 14-143(b);
2. In a new subsection 14-144(d), exempt direct application of one or more prohibited
herbicides directly into the trunk or onto the cut stump of a targeted invasive species using
methods known as incision point injection or cut stump application from the provisions of
this article;
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3. In subsection 14-146(c), add"weed science"to the list of Fields or professions that members
of the vegetation management transition committee must possess education, experience, or
knowledge of, and
4. Change words and punctuation throughout the bill to improve clarity.
The proposed amendments are shown below in Ramseyer format with respect to the contents of
Bill No. 101; material to be deleted_is bracketed and.stricken and material to be added is
underscored.
For illustrative purposes, a copy of the Draft 2 of the bill, that N,ould result if these proposed
amendments are adopted. is attached with the amendments incorporated therein.
Comm. No.
I�aYb`at`i £?l ?(1't r2Yt .ir2 al f�F}f}(1 f2 ttFd! a/7b'li'st:'t'G`r'IL�Ct F?l(}tii?:r. Ref.To: luuncl
Ref. Date NOV 0 6 2019
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SECTION 1 of Bill 101 is amended to read as follows:
1. In Section 14-142, "Definitions,"the definition of"Prohibited Herbicide"is amended
to read as follows:
""Prohibited Herbicide"means any substance or mixture of substances:
(1) Intended for use as a plant regulator, defoliant,pre-emergent, or desiccant; or as a
spray adjuvant, such as a wetting agent or adhesive; and
(2) That is listed in the schedule of prohibited [n+atefi ] substances contained in
section 14-143(b)."
2. Section 14-143, "Prohibited herbicides in public ways," is amended to read as follows:
"Section 14-143. Prohibited herbicides in public ways.
(a) Except as otherwise provided in this article. the County shall not use prohibited
herbicides on County owned or maintained public parks and alongside County
owned or maintained roads, bikeways, sidewalks,trails, drainageways, and
waterways on or after January 1, 2024.
(b) Schedule of prohibited herbicides.
The following schedule lists [he ] substances containing active ingredients
that are prohibited for use by the County to control unwanted vegetation growth on
County owned or maintained public parks, and alongside all County owned and
maintained roads, bikeways, sidewalks, trails, drainageways, and waterways:
c LeA le Of
[ChemiealyEXft_t1.__ __Brand name(May be!mown
by other brand names)
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G l,,,-,,,1henexy aeiRiisopfopaflelffliHnanil erre`kzSrr_1,3Te)£+UT T%4 ruSzvi �—U—+
or-e4e _
1�6r s T? tin Up T3,-. A ,,,, „ +n T ;T,a a,>
> > ,
Ph€no��, 2,4 Diehlore phenoxyaeetie Ate. ��-;Ef11;S+CMe, Qpeetiek
nv>1 indaza'fla
D,>,.idine ,.nrl,ex- 1; On-F t 1?a,� oA–TTl+
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a U;, 1;,,;e ;a P ;e7 ,y 1 1 h , ;.. ,v,<„ ns},�.;:
nop1,' l f , t n 1 D +l,f , for I?o..— ,-
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Schedule of Prohibited ;Herbicides.
Active Ingredients
Acetochlor Glyphosate
Alachlor lrqa,-L-_qpyr
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Atrazine Isoxaben
Aminopy_rglid MCPA
Benfluralin Mecopro-O (MOPP')
�lo?yralid Nletolachlor
Dicarnba Paraquat Dichloride
Dithiopyr Pendimethalin
Dicluat I)ibxomide Triclo int
Diuron f`ri.fluzalin
Fluazifo_p-pbutyl 2 4-Q-
G1ufosinate --- - __
3. Section 14-144, "Exemptions," is amended to read as follows:
"Section 14-144. Exemptions.
(a) Persons or entities 4.0 are not officers or em-p!oyees of the County and who
are leaseholders of agricultural lands otivned or under the County's control,
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are exempt from this article with respect to the application of prohibited
herbicides to their agricultural land leased from the County.
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(b) Property owners or those in control of private property or any property Ythat is not
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County maintained, that is located adjacent to a County road easement are exempt
from this article,with respect to the use of prohibited herbicides on that easement.
Such activity remains subject to the provisions of chapter 149A, Hawaii Revised
Statutes. -
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(c) Persons or entities including officers or employees of the County, are
exempt from this article with respect to a direct application of one or more
prohibited herbicides directly into the trunk or onto the cut stump of a
targeted invasive species using methods known as incision point injection or
cut stump application.
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[((e)]Ld,) In the case of an emergency vegetation management situation that results
in a public health hazard to the extent that it necessitates a temporary
exemption from this article, the mayor or director of the applicable
department may request a temporary exemption from the council. A
temporary exemption may be granted by the council if it finds the following:
(1) The temporary exemption is necessary to address an emergency public
health hazard;
(2) All other methods available do not adequately mitigate the public
health hazard; and
(3) That a reasonable time period for this exemption has been proposed."
4. Section 14-145, "Use of herbicides during transition" is amended to read as follows:
"Section 14-145. Use of herbicides during transition.
(a) During the transition period from January 1, 2020 until December 31, 2023, the
director of the department of environmental management,the director of the
department of parks and recreation and the director of the department of public
works, shall take steps to reduce the use of[hef4ieide-s] substances that are listed on
the schedule of prohibited herbicides. These steps shall include:
(1) Creating and carrying out, in concert with ongoing advisement from
the vegetation management transition committee, a program to
transition from using prohibited herbicides to using minimum risk and
eco-friendly products and methods; and
(2) Establishing and maintaining a County-wide record system to
document the County's use of herbicide usage, prohibited and
otherwise, the use of other methods, effectiveness of the various
choices, and associated costs. These records shall be shared with the
vegetation management transition committee.
(b) During the transition period, if the departments of environmental management,
parks and recreation, or public works intend to [use an her- i apply a substance
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listed on the prohibited herbicide schedule on a County owned or maintained public
park or alongside a County owned or maintained road, bikeway, sidewalk,trail,
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drainageway, or waterway: j
(1) A notice shall be posted that a prohibited herbicide, identified by name, will
be applied on a specified date and site. The notice shall be posted in a visible
location at the site where the herbicide will be used, at least twenty-four hours
before application;
(2) The area sprayed shallbe 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, whichever is greater;
(3) A blue dye shall be applied to the product to make it visible to the naked eye;
and
(4) All directions on the label must be adhered to, such as wind or rain condition
restrictions."
5. Section 14-146, "Vegetation management transition committee" is amended by amending
subsection(c)to read as follows:
"(c) Members shall be residents of the County who possess education, experience, or
knowledge in one or more of the following fields or professions:
(1) Native Hawaiian plants and cultural advisement thereof,
(2) Tropical horticulture;
(3) Agroforestry;
(4) Silviculture; [and]
(5) Organic landscape design and maintenance,permaculture, or natural
farming[.]; and
(6) Weed science."
6. Section 14-146, "Vegetation management transition committee" is amended by amending
subsection(f)to read as follows:
"(f) The vegetation management transition committee.shall:
(1) Monitor progress of the departments of environmental management,parks and
recreation, and public works, in reducing their use of[hcsbiei res] substances
listed on the schedule of prohibited herbicides and establishing a record
system, in accordance with section 14-145;
(2) Assist the County in researching and developing new and safer vegetation
management strategies;
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(3) Educate County officials, staff, and the public about minimum risk and eco-
friendly methods of vegetation control; and
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(4) On or before November 1, 2020 and annually thereafter, report to the mayor
and the Council on the status of efforts by the departments of environmental
management,parks and recreation, and public works,to reduce the use of
prohibited herbicides on all County owned or maintained public parks and
along all County owned or maintained roads, bikeways, sidewalks,trails,
drainageways,^and waterways."
RV/lw:lc
Att.
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ATTACHMENT
(Version of the bill that would result if proposed amendments are adopted.)
AN ORDINANCE AMENDING C APTE 14, AWAI`I COUNTY CODE 1983
(2 16 EDITION, ASAMENDED). Y ADDING A NEW ARTICLE 24,RELATING T
HERBICIDE USE.
E IT ORDAINED BY THE COUNCIL OF THE COUNTY OF A AI`I: �
SECTION 1. Chapter 14, Idaw' ai i County Code 1983 (2016 Edition, as amended),
is amended by adding a new article to be designated article 24 and to read as follows:
"Article 24. Use of herbicides in awai`i County pare, toads,, bikeways, sidewalks,
trails, drainageways, and waterways prohibited.
Section 4-141. Findings and purpose.
The council finds that herbicides are heavily used to control vegetation in public places
such as parks, roads, bikeways, sidewalks, trails, drainageways, and waterways. Exposure to
these substances subjects the public, County workers, domestic animals, and wildlife to a high
risk of exposure to dangerous chemicals. For instance, the World Health Organization has listed
glyphosate, a commonly used herbicide, as a probable carcinogen.
To protect the community from exposure to harmful chemicals, it is the purpose of this
ordinance to promote and ultimately require the County to use other means besides the
application of prohibited herbicides,to control vegetation in public spaces. To accomplish this
end,this ordinance creates a list of prohibited herbicides, establishes a prohibition against their
use by the County after a four-year transition period, and creates a vegetation management
transition committee that will oversee the County's efforts to develop viable alternatives to the
use of prohibited herbicides. At the end of the four-year transition period, the ban on County use
of prohibited herbicides on the list will take effect and the transition committee will cease to
exist.
It is not the purpose of this ordinance to affect the use of prohibited herbicides by persons
or entities other than the County.
Section 14-142. Definitions.
As used in this article,unless otherwise specified:
"Eco-friendly products and methods"means products and methods that the County has
determined are safe for use on County owned or maintained public parks and along all County
owned or maintained roads, bikeways, sidewalks, trails,drainageways, and waterways.
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Examples include but are not limited to use of the following:
(1) Manual removal;
(2) Mechanical means such as weed whackers, mowers, side cutters, steam or
thermal weeders;
(3) Animals, such as goats and sheep,to eat weeds;
(4) Landscaping;
(5) Adding inputs to improve the soil;
(6) Mulching; and
(7) Products such as D-limonene,baking soda, vinegar, and salt.
"Emergency"means an urgent need exists to mitigate or eliminate a plant pest that threatens
public health and safety.
"Minimum risk products" include products that are exempt from the requirements of the
Federal Insecticide, Fungicide, and Rodenticide Act in accordance with the minimum risk
exemption regulations contained in 40 CFR 152.25.
"Prohibited Herbicide"means any substance or mixture of substances: 3
(1) Intended for use as a plant regulator, defoliant,pre-emergent, or desiccant; or as a
spray adjuvant, such as a wetting agent or adhesive; and
(2) That is listed in the schedule of prohibited substances contained in section 14-143(b).
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Section 14-143. Prohibited herbicides in public ways.
(a) Except as otherwise provided in this article, the County shall not use prohibited herbicides
on County owned or maintained public parks and alongside County owned or maintained
roads, bikeways, sidewalks, trails, drainageways, and waterways on or after January 1,
2024.
(b) Schedule of prohibited herbicides.
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The following schedule lists substances containing active ingredients that are prohibited for
use by the County to control unwanted vegetation growth on County owned or maintained
public parks, and alongside all County owned and maintained roads, bikeways, sidewalks, {
trails, drainageways, and waterways:
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Schedule of Prohibited Herbicides
Active:Ingredients
Acetochlor Glyphosate
Alachlor Imazapyr
Atrazine" Isoxaben
Aminopyralid MCPA
Benfluralin Mecoprop (tMCPP)
Clopyralid Metolachlor
Dicamba Paraquat Dichloride
Dithiopyr Pendimethalin
Diquat Dibromide Tricl.opyt
Diuron Trifluralin
Fluazifop-p-butyl 2,4-D"
Glufosinate
Section 14-144. Exemptions.
(a) Persons or entities who are not officers or employees of the County and who are
leaseholders of agricultural lands owned or under the County's control, are exempt
from this article with respect to the application of prohibited herbicides to their
agricultural land leased from.the County.
(b) Property owners or those in control of private property of any property that is not County
maintained,that is located adjacent to a County road easement are exempt from this article,
with respect to the.use of prohibited herbicides on that easement. Such activity remains
subject to the provisions of'chapter 149A, 1-Iawai`i Devised Statutes.
(c) Persons or entities including officers or employees of-the County, are exempt from
this article with respect to a direct application of one or nature prohibited herbicides
directly into the trunk or onto the cut stump of a targeted invasive species using
methods known as incision point injection or cut stump application.
(d) In the case of an emergency vegetation management situation that results in a public
health hazard to the extent that it necessitates a temporary exemption from this
article, the mayor or director of the applicable department may request a.temporary
exemption from the council.,A temporary exemption may be granted by the council
if it finds the following:
(1) The temporary exemption is necessary to address an emergency public health
hazard;
(2) All other methods available do not adequately mitigate the public health
hazard; and
(3) That a reasonable time period,for this exemption has been proposed.
Section 14-145. Use of herbicides during transition.
(a) During the transition period from January 1, 2020 until December 31, 2023,the
director of the department of environmental management,the director of the
department of parks and recreation and the director."of the department of public
works, shall take steps to reduce the use of substances that are listed on the schedule
of prohibited herbicides. These steps shall include:
(1) Creating and carrying out, in concert with ongoing advisement from the
vegetation management transition committee, a program to transition from
using prohibited herbicides to using minimum risk and eco-friendly products
and methods; and
(3) Establishing and maintaining a County-Wide record system to document the
County's use of herbicide usage,prohibited and otherwise,the use of other
methods, effectiveness of the various choices, and associated costs. These
records shall be shared with the vegetation management transition committee.
(b) During the transition period, if the departments of environmental management,parks and
recreation, or public works intend to apply a substance listed on the prohibited herbicide
schedule on a County owned or maintained public park or alongside a County owned or
maintained road, bikeway, sidewalk, trail, drainageway, or waterway:
(1) A notice shall be posted that a prohibited herbicide, identified by name, will be
applied on a specified date and site. The notice shall be posted in a visible location at
the site where the herbicide will be used, at least twenty-four hours before
application;
(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,
whichever is greater;
(3) A blue dye shall be applied to.the product to make it visible to the naked eye; and
(4) All directions on the label must be adhered to, such as wind or rain condition
restrictions.
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Section 14-146. Vegetation management transition committee.
(a) There shall be a vegetation management transition conunittee which shall consist of seven
members. The members shall be appointed by the mayor, confirmed by the council, and
may be removed upon recommendation by the mayor with the approval of the council. The
office of the mayor shall provide support service to the committee.
(b) Members shall serve a term that will expire upon the abolition of the transitional committee
on December 31, 2023. Any vacancy on the committee shall be filled for the remainder of
the unexpired term.
(c) Members shall be residents of the County who possess education, experience, or
knowledge in one or more of the following-fields or professions:
(1) Native Hawaiian plants and cultural advisement thereof,
(2) Tropical horticulture,
(3) Agroforestry;
(4) Silviculture;
(5) Organic landscape design and maintenance, permaeulture, or natural farming; and
(6) Weed Science.
(d) In addition, the director of the department of environmental management, the director of
the department of parks and recreation,the director of the department of public works, or
their designated representatives, shall serve as ex-officio members of the committee,
without the power to vote.
(e) There shall be a chairman and vice-chairman of the committee who shall be elected by the
members. At a minimum,the committee shall meet on a quarterly basis.
(f) The vegetation management transition committee shall:
(1) Monitor progress of the departments of environmental management,parks and
recreation, and public works, in reducing their use of substances listed on the
schedule of prohibited herbicides and establishing a record system, in accordance
with section 14-145;
(2) Assist the County in researching and developing new and safer vegetation
management strategies;
(3) Educate County officials, staff, and the public about minimum risk and eco-friendly
methods of vegetation control; and
(4) On or before November 1, 2020 and annually thereafter, report to the mayor and the
Council on the status of efforts by the departments of environmental management,
parks and recreation,and public works, to reduce the use of prohibited herbicides on
all County owned or maintained public parks and along all County owned or
maintained roads, bikeways, sidewalks,trails, drainageways, and waterways."
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SECTION 2. 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 3. This ordinance sha11 take effect upon approval; provided that section 14-
146, relating to the vegetation management transition committee shall be repealed on December
31, 2023.
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