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statutes  is  repealed  and   the   following   is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