Substitute House Bill No. 5513
          Substitute House Bill No. 5513

               PUBLIC ACT NO. 97-97


AN  ACT  CONCERNING  APPLICATION  OF PESTICIDES BY
UTILITY COMPANIES.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section  22a-66k  of  the  general statutes is
repealed and the following is substituted in  lieu
thereof:
    (a)  Each  electric  [public service] company,
as  defined  in  section  16-1,  shall  submit   a
utilities   pesticide   management   plan  to  the
Commissioner  of  Environmental   Protection   for
approval   with  the  concurrence  of  the  Public
Utilities  Control  Authority.  A  plan  shall  be
revised  at  such  time  as  the  electric [public
service]  company   filing   the   plan   or   the
commissioner  determines  PROVIDED SUCH PLAN SHALL
BE REVISED NOT LESS THAN ONCE EVERY FIVE YEARS.
    (b)  ANY  ELECTRIC   COMPANY,  AS  DEFINED  IN
SECTION 16-1, TELEPHONE  COMPANY,  AS  DEFINED  IN
SECTION  16-1 OR  TELECOMMUNICATIONS  COMPANY,  AS
DEFINED IN SECTION  16-1,  WHICH  PROVIDES FOR THE
APPLICATION OF A  PESTICIDE  WITHIN A RIGHT-OF-WAY
MAINTAINED  BY  SUCH  COMPANY  SHALL  ENSURE  THAT
OWNERS OF PROPERTY  WHICH ABUTS SUCH RIGHT-OF-WAY,
OR PROPERTY WITHIN  WHICH  SUCH RIGHT-OF-WAY LIES,
ARE NOTIFIED AT  LEAST  FORTY-EIGHT HOURS PRIOR TO
THE APPLICATION. NOTICE MAY BE MADE BY ANY METHOD,
INCLUDING    TELEPHONE,    MAIL     OR    PERSONAL
NOTIFICATION. ANY SUCH  COMPANY WHICH PROVIDES FOR
THE APPLICATION OF  PESTICIDES  IN CONNECTION WITH
REMOVAL OF TREES  OR  BRUSH  FROM PRIVATE PROPERTY
SHALL OBTAIN THE  CONSENT  OF  THE  OWNER  OF SUCH
PROPERTY PRIOR TO THE APPLICATION. NOTWITHSTANDING
THE PROVISIONS OF  SECTION 23-65, ANY SUCH COMPANY
WHICH PROVIDES FOR  THE  APPLICATION OF PESTICIDES
TO ANY UTILITY  POLE, AFTER IT HAS BEEN INSTALLED,
FOR  PURPOSES  OF   MAINTAINING,   PRESERVING   OR
EXTENDING THE USEFUL  LIFE  OF THE POLE SHALL POST
NOTICE OF SUCH APPLICATION ON EACH SUCH POLE.
    [(b)]   (c)   The   commissioner  shall  adopt
regulations in accordance with the  provisions  of
chapter  54 setting forth the contents of [such] A
PESTICIDE MANAGEMENT plan. Such regulations  shall
include  provisions  for  the on-site posting of a
notice  of  a  pesticide  application.  A   notice
required  by such regulations may be posted at the
time of or after  the  application,  provided  the
time  of  such  posting  shall  be  sufficient  to
protect  persons  engaged  in  a   lawful   public
recreational  use  of any unimproved real property
in which such application is made.

Approved June 6, 1997