HomeMy WebLinkAboutCOM 0489.785 2018-2020 From: Blake Watson
To: Council Testimony
Subject: Please support Bill 101,asking for a veto override
Date: Monday,January 06,2020 4:10:15 PM
Aloha Councilmembers, •
I would like to share with you a rebuttal to Mayor Harry Kim's veto letter of Bill 101, and to strongly
encourage the Council to override his veto.
Mayor Kim called the 23 banned products "arbitrary". He also conceded that"The County does not
have the level of expertise to identify herbicides as causing a 'high risk of exposure', as 'dangerous
chemicals' or'harmful chemicals."That is exactly why a specific list was created—to serve as a
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simple mechanism whereby the County administration does not have to contend with figuring out fiY
such matters and can simply move on from those listed and instead employ alternative methods.
These phrases the mayor has concern with are dealt with in the finding and purpose in the bill
language itself, and it was written to be as condensed as possible,while outlining the most �� •-<:
prominent concerns that underpin this legislation. C-•
If you look at the language of the Hawaii Department of Education's memo regarding banning"all
herbicides"from Hawaii Public School properties, and the many ordinances that have passed � a
throughout the country that create a ban or semi-ban on "synthetic herbicides" or in some cases u'
"toxic herbicides",the general effect and purpose is the same: a broad ban of herbicides that are
known biocides that have lingering harmful effects.The reason that the bill spells out the chemicals
individually (that are every known herbicide used or previously used in Hawaii, now updated to
include newer landscaping herbicides on the market) rather by simply using the terms "herbicides"
or"toxic herbicides" or"synthetic herbicides" is two-fold: On the one hand,these phrases could be
easily misinterpreted, and on the other hand having a list that clearly spells out what is banned
would alleviate the County from having to make determinations as to what qualifies as synthetic or
toxic. Harry Kim actually supports this point in his veto by saying that his administrators may lack the
expertise to make those kinds of determinations. I would also submit, during the writing of this bill
(while working for councilwoman Jen Ruggles),the Legal Research Branch also agreed that the
schedule of chemicals by name was the most efficient and sound approach to.adding this ordinance
to the County Code. Further,there is a recognition of the fact that a chemical can be re-formulated
or re-registered for non-agricultural use after the fact of this bill's passage, and in that light, a broad
list was also necessary.There is a case to made for efficiency, rather than many different ordinances.
The mayor also questioned the validity of the health and environmental concerns of these
herbicides, questioning the science behind these concerns and totally ignoring the legal findings with
these chemicals—and glyphosate in particular. I would again point to the Hawaii Department of
Education's broad policy of banning herbicides at all school facilities and review the concerns that
lead that body to create such a policy. I would also point the mayor to the hundreds—and thousands
if we include previous similar bills in Hawaii County-of pieces of testimony to create such a ban, and
to consider that both the community and the majority council are and have been generally strongly
in favor of this type of legislation.
On that note, I'd also like to turn your attention to the petition from 2015, asking that Hawaii County
bans glyphosate and neonicitinoids : htt s://www.chan e.or /p/hawaii-count
-council-we-want-
the-county-council-to-cease-the-funding-of-and-stop-the-co u my-s-u s e-of-g l yp h o s a te-
neonicotinoids-immediately-and-permanently?
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Ref. To: I cMUf(iI r
Ref. Date JAN - 8 2020
On Mayor Kim's concern about the 24-hour notice prior to spraying being untenable because work
can be easily called off due to weather is really a non-issue. Put up a sign, if the spraying doesn't
happen,take down the sign or leave it up until the weather clears. Since the dye will be added to the
herbicide,the public will be aware that the treatment occurred, when it actually occurs.Additionally,
a four-hour period to block off the easement after application is a fair policy that aligns well with
HRS149A, and is a common guideline that is similar or slightly better than the standards of the labels
on the chemicals themselves.
On the matter of invasive species concerns brought up by the mayor,this,to the extent presented
by the members of Big Island Invasive Species Council who testified on the matter during the bill
process,was hashed out as an amendment to the bill. For any further concerns in that area,the
mayor seems to ignore or have missed the provision already in the bill for emergency exemptions in
the case of dangerous pest species that may need such an exemption.
And finally, on the matters that were brought up by Councilmember Ashley Kierkiewicz concerning
the need for the departments and their staff be involved in crafting sound policy:The departments
have been in ongoing meetings and discussions with the authors/introducer of this bill, as well as
Beyond Pesticides and experts in the field of organic land management since before the bill was
introduced.That support will continue, along with the transition committee's support, into the 4
year transition. It should be noted that the bill is borne out of prior attempts from 2015 to ban
some herbicides and has been crafted to accommodate the departments with enough time to
overcome all the hurdles in this new policy. It is heartening to know that the administration has been
responsive by already reducing use of Glyphosate by at least 50%. However,just waiting for the
administrations to do it all on their own allows for an easy reversal by a subsequentuent administration-
hence the need for ordinance driven policy that is crafted to be as workable as possible for the
administration.
I deeply mahalo each and every one of you who supports this timely legislation.
Blake Watson
Sierra Club, Hawai'i Group
GMO—Free Hawaii Island