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repealed and the following is substituted in lieu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