Substitute House Bill No. 5500
Substitute House Bill No. 5500
PUBLIC ACT NO. 98-229
AN ACT CONCERNING LICENSING OF ARBORISTS AND
APPLICATION OF PESTICIDES.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 23-61a of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) As used in sections 23-61a to 23-61f,
inclusive, AS AMENDED BY THIS ACT, "arboriculture"
means any work done for hire to improve the
condition of fruit, shade or ornamental trees by
feeding or fertilizing, or by pruning, trimming,
bracing, treating cavities or other methods of
improving tree conditions, or protecting trees
from damage from insects or diseases or curing
these conditions by spraying or any other method;
"arborist" means one who is qualified to perform
arboriculture and is licensed by the [State Tree
Protection Examining Board] COMMISSIONER OF
ENVIRONMENTAL PROTECTION as provided in section
23-61b, AS AMENDED BY SECTION 2 OF THIS ACT;
"board" means the State Tree Protection Examining
Board established under subsection (b);
"fungicide" means any substance or mixture of
substances intended for preventing, destroying,
repelling or mitigating any fungus; "fungus" means
any non-chlorophyll-bearing thallophyte; that is,
any non-chlorophyll-bearing plant of a lower order
than mosses and liverworts; for example, rusts,
smuts, mildews, molds and yeast, except those on
or in any living human or other vertebrate animal;
"herbicide" means any substance or mixture of
substances intended for preventing, destroying,
repelling or mitigating any weed; "insect" means
any of the numerous small invertebrate animals
generally having the body more or less obviously
segmented, for the most part belonging to the
class insecta, comprising six-legged, usually
winged forms, as for example, beetles, bugs, bees,
flies and to other allied classes of arthropods
whose members are wingless and usually have more
than six legs, as for example, spiders, mites,
ticks, centipedes and wood lice; "insecticide"
means any substance or mixture of substances
intended for preventing, destroying, repelling or
mitigating insects; "plant regulator" means any
substance or mixture of substances determined to
be a plant regulator under chapter 441;
"pesticide" means any substance or mixture of
substances determined to be a pesticide under said
chapter; "weed" means any plant which grows where
not wanted.
(b) There shall be in the Department of
[Consumer] ENVIRONMENTAL Protection a State Tree
Protection Examining Board which shall consist of
the plant pathologist and forester of the
Connecticut Agricultural Experiment Station, who
shall serve as ex-officio members, and five
electors of the state, three of whom shall be
public members, and two of whom shall be licensed,
practicing arborists to be appointed by the
Governor. Any vacancy in the appointed membership
of the board shall be filled by the Governor for
the unexpired portion of the term.
(c) The board shall have a seal and, in any
proceeding in court, a certificate under such seal
shall be bona fide evidence of any proceeding or
action by or before the board stated in such
certificate. A majority of members acting as a
board shall constitute a quorum for the
transaction of business.
(d) Repealed by P.A. 82-419, S. 46, 47.
(e) The Commissioner of [Consumer]
ENVIRONMENTAL Protection, with the advice and
assistance of the board, may adopt such
regulations as are necessary for the purpose of
giving examinations, issuing and renewing
licenses, inspection of work or revocation of
licenses.
Sec. 2. Section 23-61b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person shall advertise, solicit or
contract to do arboriculture within this state at
any time without a license issued in accordance
with the provisions of this section, except that
any person may improve or protect any tree on his
own premises or on the property of his employer
without securing such a license provided such
activity does not violate the provisions of
chapter 441, subsection (a) of section 23-61a,
this section or section 23-61d. Application for
such license shall be made to the [Tree Protection
Examining Board, established under the provisions
of section 23-61a,] COMMISSIONER OF ENVIRONMENTAL
PROTECTION AND shall contain such information
regarding the applicant's qualifications and
proposed operations and other relevant matters as
the [board] COMMISSIONER may require and shall be
accompanied by a fee of [twenty] TWENTY-FIVE
dollars which shall not be returnable. [and which
shall be in lieu of the fee for initial licensure
if a license is issued.]
(b) The [board] COMMISSIONER shall require
the applicant to show upon examination that he
possesses adequate knowledge concerning the proper
methods of arboriculture and the dangers involved
and the precautions to be taken in connection with
these operations, together with knowledge
concerning the proper use and application of
[fungicides and insecticides] PESTICIDES and the
danger involved and precautions to be taken in
connection with their application. If the
applicant is other than an individual, the
applicant shall designate an officer, member or
technician of the organization to take the
examination, which designee shall be subject to
approval of the [board] COMMISSIONER except that
any person who uses [fungicides or insecticides]
PESTICIDES in arboriculture shall be licensed to
do arboriculture or shall be a licensed commercial
applicator under chapter 441. If the extent of the
applicant's operations warrant, the [board]
COMMISSIONER may require more than one such member
or technician to be examined. If the [board]
COMMISSIONER finds the applicant qualified, [it
shall authorize the Department of Consumer
Protection to] HE SHALL issue a license to perform
arboriculture within this state. A license shall
be valid for a period of [one year] FIVE YEARS. If
the [board] COMMISSIONER finds that the applicant
is not qualified, or if [it] HE refuses to issue a
license for any other reason, [it] HE shall so
inform the applicant in writing, giving reasons
for such refusal.
(c) The [board may authorize the Department
of Consumer Protection to] COMMISSIONER MAY issue
a license without examination to any nonresident
who is licensed in another state under a law that
provides substantially similar qualifications for
licensure and which grants similar privileges of
licensure without examination to residents of this
state licensed under the provisions of this
section.
(d) Each licensee shall pay a license renewal
fee of [forty] ONE HUNDRED FIFTY dollars for each
renewal. All examination and license renewal fees
shall be deposited as provided in section 4-32, AS
AMENDED, and any expenses incurred by the [board]
COMMISSIONER in making examinations, issuing
certificates, inspecting tree work or performing
any duties of the [board] COMMISSIONER shall be
charged against appropriations of the General
Fund.
(e) Each licensee shall maintain and, upon
request, furnish such records concerning licensed
activities as the [board] COMMISSIONER may
require.
(f) [Pending inquiry by the Department of
Consumer Protection, the board] THE COMMISSIONER
may suspend for not more than ten days and, after
notice and hearing as provided in [the] ANY
regulations established by the [Commissioner of
Consumer Protection, it] COMMISSIONER, HE may
suspend for additional periods, or [it] HE may
revoke, any license issued under this section if
[it] HE finds that the licensee is no longer
qualified or has violated any provision of
sections 23-61a to 23-61d, inclusive, AS AMENDED
BY THIS ACT, or any regulation adopted thereunder.
(g) The Commissioner of [Consumer]
ENVIRONMENTAL Protection, in consultation with the
board, [and the Commissioner of Environmental
Protection,] shall establish standards for
examining applicants and reexamining applicators
with respect to the proper use and application of
[fungicides and insecticides] PESTICIDES AND
AGRICULTURAL METHODS. Such standards shall provide
that in order to be certified, an individual shall
be competent with respect to the use and handling
of pesticides or the use and handling of the
pesticide or class of pesticides covered by such
individual's application or certification AND IN
THE PROPER AND SAFE APPLICATION OF RECOGNIZED
ARBORICULTURAL METHODS.
(h) Any licensed arborist shall be considered
to be a certified applicator under section 22a-54,
AS AMENDED, with respect to the use of [fungicides
or insecticides] PESTICIDES.
Sec. 3. Section 23-61f of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any person who violates any provision of
subsection [(a),] (b), (c) or (d) of section
23-61b, AS AMENDED BY THIS ACT, or section 23-61d
or of any regulation issued [by the board] under
subsection (e) of section 23-61a, AS AMENDED BY
THIS ACT, shall be fined not more than two hundred
dollars.
(b) Any person who violates any provision of
chapter 441 OR SECTIONS 23-61a TO 23-61d,
INCLUSIVE, AS AMENDED BY THIS ACT, shall be
considered under the jurisdiction of the
Commissioner of Environmental Protection. [Any
person who violates any provision of sections
23-61a to 23-61d, inclusive, shall be considered
under the jurisdiction of the Tree Protection
Examining Board.]
(c) ANY PERSON WHO VIOLATES ANY PROVISION OF
SUBSECTION (a) OF SECTION 23-61b, AS AMENDED BY
THIS ACT, OR SECTION 23-61d SHALL BE ASSESSED A
CIVIL PENALTY OF NOT LESS THAN ONE THOUSAND
DOLLARS BUT NOT MORE THAN TWO THOUSAND FIVE
HUNDRED DOLLARS FOR EACH DAY SUCH VIOLATION
CONTINUES. THE ATTORNEY GENERAL, UPON COMPLAINT OF
THE COMMISSIONER, SHALL INSTITUTE A CIVIL ACTION
IN THE SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF
HARTFORD-NEW BRITAIN TO RECOVER SUCH PENALTY. ANY
SUCH ACTION SHALL HAVE PRECEDENCE IN THE ORDER OF
TRIAL AS PROVIDED IN SECTION 52-191.
Sec. 4. Section 22a-66c of the general
statutes is amended by adding subsection (d) as
follows:
(NEW) (d) Any business registered under this
section shall display the registration number
assigned to it by the commissioner in any
advertisement for the business including, but not
limited to, on the body of any motor vehicle used
by it in a pesticide application job, and shall
include the number in any written contract it
enters into for provision of pesticide application
services.
Sec. 5. The Commissioner of Environmental
Protection shall prepare a plan to encourage local
and regional boards of education to provide for
integrated pest management at the schools within
their respective jurisdictions and shall study the
feasibility of providing notice to parents or
guardians of children in such schools regarding
applications of pesticides at schools in this
state. On or before January 1, 1999, the
commissioner shall submit any findings and
recommendations he may have regarding such plan
and study to the joint standing committee of the
General Assembly having cognizance of matters
relating to the environment.
Sec. 6. Section 22a-63 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) Any registrant, commercial applicator,
uncertified person who performs or advertises or
solicits to perform commercial application,
wholesaler, dealer, retailer or other distributor
who knowingly violates any provision of this
chapter, subsection (a) of section 23-61a, or
sections 23-61b to 23-61d, inclusive, shall be
fined not more than five thousand dollars, or
imprisoned for not more than one year or both.
(b) Any private applicator or other person,
not included in subsection (a), who knowingly
violates any provision of this chapter, subsection
(a) of section 23-61a, or sections 23-61b to
23-61d, inclusive, shall be fined not more than
one thousand dollars, or imprisoned for not more
than thirty days or both.
(c) Any person who, with intent to defraud,
uses or reveals information relative to formulas
of products acquired under the authority of this
chapter, shall be fined not more than ten thousand
dollars, or imprisoned for not more than one year
or both.
(d) When construing and enforcing the
provisions of this chapter, subsection (a) of
section 23-61a, sections 23-61b to 23-61d,
inclusive, and 23-61f, the action, omission or
failure to act of any officer, agent or other
person acting for or employed by any person shall
in every case be also deemed to be the action,
omission or failure to act of such person as well
as that of the person employed.
(e) Any person who violates any provision of
this chapter may be assessed a civil penalty of
not more than two thousand five hundred dollars
per day for each day such violation continues. The
Attorney General, upon complaint of the
commissioner, shall institute a civil action to
recover such penalty in the superior court for the
judicial district of Hartford-New Britain*. All
actions brought by the Attorney General shall have
precedence in the order of trial as provided in
section 52-191.
(f) ANY PERSON DESCRIBED IN SUBSECTION (a) OF
THIS SECTION WHO VIOLATES SUBSECTION (d) OF
SECTION 22a-61, SUBSECTION (e) OF SECTION 22a-61,
SUBSECTION (a) OF SECTION 23-61a OR SUBSECTION (a)
OF SECTION 23-61b SHALL BE FINED NOT LESS THAN ONE
THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND
DOLLARS. FOR ANY SUBSEQUENT VIOLATION, SUCH FINE
SHALL BE NOT MORE THAN FIVE THOUSAND DOLLARS. ANY
PENALTIES COLLECTED UNDER THIS SUBSECTION SHALL BE
DEPOSITED IN THE ENVIRONMENTAL QUALITY FUND
ESTABLISHED UNDER SECTION 22a-27g AND SHALL BE
USED BY THE COMMISSIONER TO CARRY OUT THE PURPOSES
OF THIS SECTION.
Sec. 7. Subsection (b) of section 22a-66k of
the general statutes, as amended by public act
97-97, is repealed and the following is
substituted in lieu thereof:
(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] OCCUPANTS OR TENANTS OF BUILDINGS OR
DWELLINGS THAT ARE LOCATED ON 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, OCCUPANT OR TENANT 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.
Sec. 8. Section 23-61e of the general
statutes is repealed and the following is
substituted in lieu thereof:
Any person aggrieved by an order or finding
of the [board] COMMISSIONER may appeal therefrom
in accordance with the provisions of section
4-183.
Approved June 8, 1998