Connecticut Seal

General Assembly

Amendment

 

February Session, 2014

LCO No. 3370

   
 

*SB0006803370SDO*

Offered by:

 

SEN. MEYER, 12th Dist.

 

To: Subst. Senate Bill No. 68

File No. 32

Cal. No. 57

"AN ACT AUTHORIZING THE USE OF CERTAIN MICROBIAL AND BIOCHEMICAL PESTICIDES AND GRUB CONTROL PRODUCTS ON SCHOOL GROUNDS. "

After the last section, add the following and renumber sections and internal references accordingly:

"Sec. 501. Section 10-231b of the general statutes is repealed and the following is substituted in lieu thereof (Effective September 1, 2015):

(a) No person, other than a pesticide applicator with supervisory certification under section 22a-54 or a pesticide applicator with operational certification under section 22a-54 under the direct supervision of a supervisory pesticide applicator, may apply pesticide within any building or on the grounds of any school, other than a regional agricultural science and technology education center. This section shall not apply in the case of an emergency application of pesticide to eliminate an immediate threat to human health where it is impractical to obtain the services of any such applicator provided such emergency application does not involve a restricted use pesticide, as defined in section 22a-47.

(b) No person shall apply a lawn care pesticide on the grounds of any public or private preschool or public or private school with students in grade [eight] twelve or lower, except that [(1) on and after January 1, 2006, until July 1, 2010, an application of a lawn care pesticide may be made at a public or private school with students in grade eight or lower on the playing fields and playgrounds of such school pursuant to an integrated pest management plan, which plan (A) shall be consistent with the model pest control management plan developed by the Commissioner of Energy and Environmental Protection pursuant to section 22a-66l, and (B) may be developed by a local or regional board of education for all public schools under its control, and (2)] an emergency application of a [lawn care] pesticide may be made to eliminate a threat to human health, as determined by the local health director, the Commissioner of Public Health, the Commissioner of Energy and Environmental Protection or such local health director's or commissioners' designees. [, in the case of a public school, the school superintendent. ]

Sec. 502. (NEW) (Effective September 1, 2015) (a) As used in this section:

(1) "Pesticide" means a fungicide used on plants, an insecticide, a herbicide or a rodenticide but does not mean a sanitizer, disinfectant, antimicrobial agent or a pesticide bait in a tamper-proof container;

(2) "Microbial pesticide" means a pesticide that consists of a microorganism as the active ingredient;

(3) "Biochemical pesticide" means a naturally occurring substance that controls pests by nontoxic mechanisms;

(4) "Lawn care pesticide" means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden and ornamental sites or areas, except (A) a microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency, (B) a horticultural soap or oil that is registered with the United States Environmental Protection Agency and does not contain any synthetic pesticide or synergist, or (C) a pesticide classified by the United States Environmental Protection Agency as an exempt material pursuant to 40 CFR 152. 25;

(5) "Certified pesticide applicator" means a pesticide applicator with (A) supervisory certification under section 22a-54 of the general statutes, or (B) operational certification under section 22a-54 of the general statutes, who operates under the direct supervision of a pesticide applicator with said supervisory certification;

(6) "Controlling authority" means the executive head of the municipal department responsible for the maintenance of a park, athletic field, municipal green or playground, other than the grounds of a school that is subject to the prohibition contained in section 10-231b of the general statutes, as amended by this act, or such person's designee; and

(7) "Athletic field" means any field or open space that is used for sporting or sporting-related activities, but does not include a golf course or any such field or open space that is located on the premises of a college or that is used for professional sporting or professional sporting-related activities.

(b) No person shall apply a lawn care pesticide on the grounds of any park, athletic field, municipal green or playground, other than the grounds of a school that is subject to the prohibition contained in section 10-231b of the general statutes, as amended by this act, except a person other than a certified pesticide applicator may make an emergency application of pesticide to eliminate an immediate threat to human health, including, but not limited to, the elimination of mosquitoes, ticks and stinging insects, provided (1) the local health director, the Commissioner of Public Health, the Commissioner of Energy and Environmental Protection or such local health director's or commissioners' designees determine that there is an immediate threat to human health, (2) the controlling authority deems it impractical to obtain the services of a certified pesticide applicator, and (3) such emergency application of pesticide does not involve a restricted use pesticide, as defined in section 22a-47 of the general statutes.

(c) Prior to providing for any application of pesticide on the grounds of any park, athletic field, municipal green or playground, other than the grounds of a school that is subject to the prohibition contained in section 10-231b of the general statutes, as amended by this act, the controlling authority shall, within the existing budgetary resources available to the controlling authority, provide public notice of such application not later than twenty-four hours prior to such application of pesticide. Such public notice shall be posted on the Internet web site of the applicable municipality. If an emergency application of pesticide is necessary, as described in subsection (b) of this section, such notice shall be given as soon as practicable. Notice under this subsection shall include (1) the name of the active ingredient of the pesticide being applied, (2) the target pest, (3) the location of the application of pesticide on the grounds of the park, athletic field, municipal green or playground, other than the grounds of a school that is subject to the prohibition contained in section 10-231b of the general statutes, as amended by this act, and (4) the date or proposed date of the application of pesticide. A copy of each notice of such application of pesticide at a park, athletic field, municipal green or playground, other than the grounds of a school that is subject to the prohibition contained in section 10-231b of the general statutes, as amended by this act, shall be maintained by the controlling authority for a period of five years from the date of application of the pesticide and available to members of the public.

Sec. 503. Subsection (a) of section 19a-79a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this section, "pesticide" means a fungicide used on plants, an insecticide, a herbicide or a rodenticide but does not mean a sanitizer, disinfectant, antimicrobial agent or a pesticide bait in a tamper-resistant container; "lawn care pesticide" means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden and ornamental sites or areas, but does not include any: (1) Microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency, (2) horticultural soap or oil that is registered with the United States Environmental Protection Agency, and that does not contain any synthetic pesticide or synergist, or (3) pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR 152.25; "certified pesticide applicator" means a pesticide applicator with [(1)] (A) supervisory certification under section 22a-54, or [(2)] (B) operational certification under section 22a-54, who operates under the direct supervision of a pesticide applicator with said supervisory certification; "licensee" means a person licensed under sections 19a-77 to 19a-87e, inclusive; and "day care center" means a child day care center, group day care home or family day care home that provides "child day care services", as described in section 19a-77; "microbial pesticide" means a pesticide that consists of a microorganism as the active ingredient, and "biochemical pesticide" means a naturally occurring substance that controls pests by nontoxic mechanisms. "

This act shall take effect as follows and shall amend the following sections:

Sec. 501

September 1, 2015

10-231b

Sec. 502

September 1, 2015

New section

Sec. 503

from passage

19a-79a(a)