Bernard Carvalho, the mayor of the island of Kauai, decided to veto Bill 2491, which would require "the mandatory disclosure of pesticide use by agribusinesses and implementation of buffer zones near schools, dwellings, medical facilities, public roadways and waterways." The mayor stated the the bill is legally flawed and submitted a 66-page document from the City and County of Kauai's legal council as evidence for his decision. The legal council pointed out that the state's Department of Agriculture has been given authority by the federal government to regulate pesticides, which would pre-empt any local authority (the city and county of Kauai) from enacting any additional laws. Furthermore, as proposed, Kauai would not be legally be allowed to enforce the law. Carvalho commented, "I felt the people should know of the legal issues before me."
Supporters of the bill are furious of the mayor's decision. Andrea Brower, an advocate of Bill 2491, stated, "I consider what the mayor did today as betrayal to the people of Kauai and betrayal of his duties to protect the health and well-being of the people of Kauai." The Kauai City Council now has 30 days to decide if they should meet and vote to push the bill forward despite the mayor's veto.
Source: Honolulu Star Advertiser, 11-1-2013, www.staradvertiser.com
Posted by Jeff Uyemura-Reyes, Broker-in-Charge, REALTOR®
Global Executive Realty, LLC
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