Gov. Neil Abercrombie’s announcement Monday that he and the Kauai legislative delegation had negotiated some temporary, volunteer rules regarding pesticide use on that island has some Hawaii Island legislators wondering if similar moves are coming for the county’s genetically modified
Gov. Neil Abercrombie’s announcement Monday that he and the Kauai legislative delegation had negotiated some temporary, volunteer rules regarding pesticide use on that island has some Hawaii Island legislators wondering if similar moves are coming for the county’s genetically modified organism debate.
South Kona/Ka‘u Councilwoman Brenda Ford, who recently introduced a GMO ban, said she was concerned the governor’s compromise might mean less ability for individual counties to establish their own boundaries when it comes to GMO products and pesticides.
“It’s not home rule if the state intervenes,” Ford said. “If the state Legislature and/or the governor wish to step in and protect Kauai by stopping what is going on, I applaud it.”
But if the move eventually just takes away all counties’ ability to enact individualized legislation on the pesticide issue, Ford said she doesn’t support it.
Abercrombie on Monday said the Kauai delegation approached members of his administration with concern about the contentious pesticide debate there. The Kauai County Council had attempted to ban the use of certain pesticides on the island, and establish buffer zones around schools and hospitals for others. Abercrombie said the voluntary, temporary steps will include disclosure of pesticides and setbacks for schools and hospitals.
The counties should have input on legislation, but it should ultimately be a state decision, Sen. Gil Kahele, D-Hilo, said.
“I wouldn’t want to totally exclude the counties,” he said, but “it’s a statewide issue. At the state level, it should be looked at.”
Rep. Clift Tsuji, D-Hilo, said he supports statewide legislation on issues such as pesticides, which the Hawaii County Council discussed during an eight-hour session on GMO Monday. The state is better equipped than the counties to handle enforcement and inspection. Could the county councils still enact such legislation? Sure, he said.
“They can pass it,” Tsuji said. “However, what is the state going to do? The state can supersede such legislation. The federal (government) can pre-empt any county or state measures also.”
That’s one of the points Ford and others who support limits on GMO use have tried to make for several years — that no one at the state or federal level is enacting any legislation.
“It’s frustrating because the state and the feds have abdicated their duties,” Ford said.
Sen. Josh Green, D-Kona, did try to introduce measures last session to restrict certain pesticide uses and calling for more labelling of GMO products. Green, chairman of the Senate’s health committee and a medical doctor, said he sees health reasons to take a closer look at both issues, and he will introduce legislation again this session to do so.
The problem has been getting the momentum to keep the measures moving once they advance from the health committee. So far, that hasn’t happened, he said.
He would like to see the state Legislature pass laws that give counties some flexibility and ability to set their own rules within a state-provided framework.
“It doesn’t have to be one size fits all,” Green said.
Council Chairman J Yoshimoto said he would support an approach like that.
He said he wouldn’t want to see the state do anything that would affect Hawaii County’s ban on GMO taro and coffee, but he would like to see more input from the state, because the county is dealing with state agencies when it comes to regulating agriculture.
“What we’re doing at the county is addressing an issue the state has not addressed,” Yoshimoto said. “We’re tackling the issue right now.”
Hawaii County isn’t growing that many GMO products right now, he said.
Flexibility to draft rules specific to each county is something North Kona Councilwoman Karen Eoff would also support.
“The state can and should regulate the pesticide usage,” Eoff said. “I think the counties still have the right as well to regulate. … I would hope that they’re stepping up now because it’s becoming obvious … the state needs to be part of taking this issue seriously.”
Each county faces different issues, she said. Kauai has been home to some GMO seed corn fields for nearly 15 years. Hawaii Island has none, she said. Addressing the issues is something Eoff said is part of the council’s job as guardians of the public trust and public health.
On Kauai, several large farms and biotech corporations, including DuPont Pioneer, Syngenta, Dow AgroSciences and BASF — do have a presence and do grow crops.
Abercrombie isn’t currently considering any similar interventions on Hawaii Island, a spokeswoman for his office said Tuesday. She reiterated that the move toward compromise, and holding off for state legislation, originated with members of the Kauai delegation.
Abercrombie’s move wasn’t necessarily well received on Kauai. County Councilman Gary Hooser told The Garden Island the governor’s proposal calls for “a very small portion” of what’s being asked for in a bill before the county council he co-sponsored.
“Delaying putting into place measures for the health and environment of our community is not an acceptable solution,” Hooser said “We need to put those in place now.”
The state Senate’s agriculture committee did pass a resolution last session asking the University of Hawaii for a recommendation on what is the state’s responsibility when it comes to labeling GMO products, Sen. Malama Solomon, D-Kohala, said.
“We’re waiting for the report to come out and advise us on what’s in our jurisdiction and what’s not,” she said, adding some legislators were trying to determine what role the U.S. Department of Agriculture should play in labeling such products.
Messages left for Kohala Councilwoman Margaret Wille, who introduced the first county bill to ban GMO, and several other state legislators. were not immediately returned Tuesday.
The Associated Press contributed to this story.
