2019-12-12 Letter to Aaron Chung re Veto of Bill 101 relating to Herbicide Use (2)

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Roy Takemoto Managing Director Harry Kim Mayor Barbara J. Kossow Deputy Managing Director County of Hawai‘i Office of the Mayor 25 Aupuni Street, Suite 2603  Hilo, Hawai‘i 96720  (808) 961-8211  Fax (808) 961-6553 KONA: 74-5044 Ane Keohokālole Hwy., Bldg C  Kailua-Kona, Hawai‘i 96740 (808) 323-4444  Fax (808) 323-4440 December 12, 2019 Mr. Aaron Chung, Chairman of the Hawai'i County Council and its Members 25 Aupuni Street Hilo, HI 96720 Dear Chair Chung and Members of the Council, RE: Veto of Bill 101 relating to Herbicide Use Pursuant to Section 3-12 of the Hawai’i County Charter, I am vetoing Bill 101, draft 2 (Bill) and returning it to you for the following regulatory, operational, and other concerns. 1. Regulatory Concerns A. The County does not have the level of expertise to identify herbicides as causing “high risk of exposure,” as “dangerous chemicals” or as “harmful chemicals.” o The Environmental Protection Agency (EPA) is responsible for regulating pesticides at the national level. o The Department of Agriculture regulates and enforces pesticide licensing, sale and use at the State level. o The Bill disregards the national and State regulations in place to ensure the safety of people who use herbicides and well as those who work and play in areas where herbicides are used. B. This Bill identifies and codifies the twenty-three (23) listed herbicides as substances subjecting “the public, County workers, domestic animals and wildlife to a high risk of exposure to dangerous chemicals.” o The specific twenty-three (23) herbicides are arbitrarily listed in the Schedule of Prohibited Herbicides. There is no basis or explanation as to how or why these herbicides were included in this list. County of Hawai‘i is an Equal Opportunity Provider and Employer.