A County Council panel on Wednesday advanced a measure to ban the use of glyphosate-based herbicides at county Parks and Recreation facilities.
The council Committee on Climate Resilience and Natural Resource Management voted 7-1 to forward Bill 91 with a favorable recommendation to the full council, where it faces two more votes. Kohala Councilman Tim Richards tendered the lone vote in opposition.
Introduced by Kona Councilwoman Rebecca Villegas, the measure is intended to reduce the use of the broad-spectrum systemic pesticide by county workers and contractors at Hawaii County Parks and Recreation facilities. Exempt from the ban would be the Hilo Municipal Golf Course, Hilo Drag Strip and all county cemeteries.
It is the second attempt by Villegas to stop county use of pesticides. In 2019, the County Council passed a broader measure banning the use of Roundup and 29 other herbicides in areas owned or maintained by the county. Then-Mayor Harry Kim vetoed the measure, and the County Council was unsuccessful in garnering a super majority to override that veto.
The county currently uses glyphosate-based pesticides to control vegetation in public parks, fields, bikeways, sidewalks, trails, drainageways, and waterways, as well as along fence lines and roads. It is the most widely used herbicide in the U.S., commonly sold under the brand name Roundup.
The World Health Organization declared the chemical a probable carcinogen in 2015, and in 2017, California declared it a carcinogen. The U.S. Environmental Protection Agency, however, has made a different determination, ruling in April 2019 that glyphosate, the most widely used herbicide in the U.S., doesn’t cause cancer when used as directed.
“Glyphosate, combined with the ingredients that typically get mixed in with it, harms the health of humans, animals, plants and microbes,” said Cory Harden testifying on behalf of Sierra Club Hawaii Island in support of Bill 91.
She added, like the seven other testifiers Wednesday, that children are at the greatest risk.
“In 2012, the American Academy of Pediatrics reported that childhood exposure to pesticides is associated with pediatric cancers, decreased cognitive function and behavioral problems. In 2016, the Icahn School of Medicine at Mount Sinai reported children are at greatest risk from exposure to hazardous pesticides because of their developing systems, smaller size and faster metabolisms. Children also get higher exposures than adults because they sit, lie and roll directly on the ground and often put their hands in their mouths,” she said.
The proposed measure also notes routine use of the chemical could potentially subject county workers, the public, and wildlife to a high risk of exposure to glyphosate. It also points to several juries having awarded judgments against a manufacturer “totaling over $2 billion in damages resulting from the adverse effects of these products.”
“Bayer company has seen the writing on the wall. In July, they announced they will end residential use of Roundup, and Bayer is setting aside $4.5 billion — that’s with a B — to cover future lawsuits by people harmed by Roundup. Is the county setting any money aside for lawsuits from workers and residents harmed by pesticides?” questioned Harden.
Villegas said she worked closely with Maurice Messina, director of the Department of Parks and Recreation, to draft the new legislation to ensure it can be implemented upon passage. She added that she’s received, in writing, the administration’s support for the measure.
“This administration does agree that the pesticide glyphosate, we should not be using them at our Parks and Rec facilities,” Messina said. “We’ve already started making the transition. Right now, in all of Puna parks, we use zero pesticides.”
He added that Jason Mattos, the department’s maintenance manager, has confirmed his staff can fully implement the ban should it become ordinance.
“We feel this is something that we can do in the bill that starts in July of next year,” Messina said.
Messina also took a moment to address recent posts on social media alleging the county is poisoning playgrounds.
“I can assure you that is prohibited under my leadership, and also Jason Mattos’ leadership. That is not something that we promote or we know our folks are even doing. Right now, the only places we are using Roundup is along the fence lines in our parks,” he said.
Richards, who voted no on forwarding the measure with a favorable recommendation, took issue with the bill’s purpose as written, noting he did not think the panel was qualified to make a finding that the chemical is linked to adverse health effects.
“We are not qualified to do that,” he said. “There’s not a single person sitting up here that can make that determination — we have to rely on the experts.”
Corporation Counsel Elizabeth Strance, when prompted later by Villegas, said she also shared Richards’ concern about the purpose as stated in the bill because other departments will continue to use the chemical.
“It’s a statement of acknowledgment that would run contrary to other department’s use,” Strance said.
Villegas said she would follow-up with Strance to see if changes need to be made as the bill makes its way through the legislative process.
Richards also raised concerns over removing another tool from the county’s tool belt as well as whether the bill could be used as a stepping-stone to further restrictions.
“Passing something that seems a little bit innocuous initially is then used to justify something further,” he said.
The ordinance, as written, would not prohibit the use of glyphosate-based herbicides by persons other than the county, nor would it apply to other departments in the county. The product’s use on private land would also remain lawful, including parcels adjacent to a county road or easement.
The bill also calls for the posting of temporary signage at parks and recreational facilities when any other synthetic pesticide is being applied. That signage must include the name of the pesticide used and location of application.
The bill does contain a provision allowing for the emergency use of the chemical with approval of the County Council.
Puna Councilwoman Ashley Kierkiewicz commended Villegas for bringing forth the bill.
“The priority is to keep our kids and community safe. They go to parks, this is where they recreate,” she said. “This is a small step in the right direction.”