Connecticut Seal

General Assembly

 

Raised Bill No. 1063

January Session, 2015

 

LCO No. 4661

 

*04661_______ENV*

Referred to Committee on ENVIRONMENT

 

Introduced by:

 

(ENV)

 

AN ACT CONCERNING THE APPLICATION OF PESTICIDES ON SCHOOL GROUNDS AND CERTAIN PUBLIC SPACES, AUTHORIZING THE USE OF CERTAIN MICROBIALS AND REESTABLISHING THE PESTICIDE ADVISORY COUNCIL.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 10-231a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

As used in sections 10-231b to 10-231d, inclusive, as amended by this act, [and section 19a-79a,] (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 pesticide bait in a tamper-resistant container, (2) "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. "Lawn care pesticide" does not include any: (A) Microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency, (B) 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 (C) a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR 152.25, [and] (3) "integrated pest management" means use of all available pest control techniques, including judicious use of pesticides, when warranted, to maintain a pest population at or below an acceptable level, while decreasing the use of pesticides, (4) "microbial pesticide" means a pesticide that consists of a microorganism as the active ingredient, and (5) "biochemical pesticide" means a naturally occurring substance that controls pests by nontoxic mechanisms.

Sec. 2. Section 10-231b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):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, in the case of a public school, the school superintendent.

Sec. 3. Section 10-231d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) As used in this section, ["local or regional board of education" means a local or regional board of education which has an integrated pest management plan for the schools under its control that is consistent with an applicable model plan provided by the Commissioner of Energy and Environmental Protection under section 22a-66l and] "school" means a school, other than a regional agricultural science and technology education center, under the control of a local or regional board of education.

[(b) On and after July 1, 2000, at the beginning of each school year, each local or regional board of education shall provide the staff of each school with written guidelines on how the integrated pest management plan is to be implemented and shall provide the parents or guardians of each child enrolled in each school with a statement that shall include a summary of the integrated pest management plan for the school. Such statement shall be provided to the parents or guardian of any child who transfers to a school during the school year. Such statement shall (1) indicate that the staff, parents or guardians may register for notice of pesticide applications at the school, and (2) describe the emergency notification procedures provided for in this section. Notice of any modification to the integrated pest management plan shall be sent to any person who registers for notice under this section.]

[(c)] (b) On and after July 1, 2000, parents or guardians of children in any school and school staff may register for notice of pesticide application at their school. Each school shall maintain a registry of persons requesting such notice. Notice under this subsection shall include (1) the name of the active ingredient of the pesticide being applied, (2) the location of the application on the school property, (3) the date of the application, and (4) the name of the school administrator, or a designee, who may be contacted for further information.

[(d)] (c) On and after July 1, 2000, a local or regional board of education shall provide notice, by any means practicable, to any person who has requested notice under subsection (b) of this section on or before the day that [any] such application of pesticide is to take place at a school. No application of pesticide may be made in any building or on the grounds of any school during regular school hours or during planned activities at any school except that an emergency application may be made to eliminate an immediate threat to human health if (1) it is necessary to make the application during such a period, and (2) such emergency application does not involve a restricted use pesticide, as defined in section 22a-47. No child may enter an area of such application until it is safe to do so according to the provisions on the pesticide label.

[(e)] (d) A copy of the record of each pesticide application at a school shall be maintained at the school for a period of five years. Such record shall include the information required under section 22a-66a.

Sec. 4. (NEW) (Effective October 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, playground, other than a playground located on the premises of a school, athletic field or municipal green, or such person's designee. Controlling authority does not include the executive head of any municipal department responsible for the maintenance of any school; and

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

(b) No person other than a certified pesticide applicator shall apply pesticide within any park, playground, other than a playground located on the premises of a school, athletic field or municipal green, 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 controlling authority determines such emergency application of pesticide to be necessary, (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) No person shall apply a lawn care pesticide on the grounds of any park, playground, other than a playground located on the premises of a school, athletic field or municipal green, except: (1) An emergency application of pesticide may be made to eliminate an immediate threat to human health, including, but not limited to, the elimination of mosquitoes, ticks and stinging insects, provided (A) the controlling authority determines such emergency application of pesticide to be necessary, and (B) such emergency application of pesticide does not involve a restricted use pesticide, as defined in section 22a-47 of the general statutes; and (2) an application of a lawn care pesticide may be made on ornamental plants located on a municipal green.

(d) Prior to providing for any application of pesticide on the grounds of any park, playground, other than a playground located on the premises of a school, athletic field or municipal green, 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 a controlling authority determines an emergency application of pesticide to be necessary pursuant to subsection (c) 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, playground, other than a playground located on the premises of a school, athletic field or municipal green, 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, playground, other than a playground located on the premises of a school, athletic field or municipal green 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. 5. Section 22a-65 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2015):

(a) After public hearing, the commissioner may make regulations governing the disposal of any pesticide or any container therefor, to prevent pollution of any waterway and to protect plant and animal life. Such regulations shall be consistent with Section 19(a) of FIFRA and regulations promulgated thereunder.

(b) The commissioner shall, in cooperation with the college of agriculture and natural resources of The University of Connecticut, the Connecticut Agricultural Experiment Station and other public agencies, publish information regarding proper application or handling of pesticides and methods and precautions designed to prevent damage and injury.

(c) The commissioner may undertake such monitoring activities, including but not limited to monitoring in air, soil, water, man, plants and animals, as may be necessary for the implementation of this part, subsection (a) of section 23-61a or section 23-61b, and of the National Pesticide Monitoring Plan. Such activities shall be carried out in cooperation with federal, state and local agencies.

(d) [The] On and after the effective date of this section, the commissioner shall establish a Pesticide Advisory Council consisting of, but not limited to, the director of the Agricultural Experiment Station, the state entomologist, the Commissioner of Agriculture, the Commissioner of Public Health, an epidemiologist, as selected by the commissioner, and the dean of the college of agriculture of The University of Connecticut or [their] said director's, commissioners' or dean's respective designees. The council shall meet [at least annually] not less than once every six months and the commissioner [may] shall consult with the Pesticide Advisory Council on technical and policy matters involving the application and use of pesticides, [the determination of imminent hazards and the unreasonable adverse effects on the environment before promulgating regulations or orders in carrying out this part, subsection (a) of section 23-61a and sections 23-61b and 23-61f] including, but not limited to, (1) the need to expand the prohibitions contained in section 4 of this act to other properties, including, but not limited to, all state properties, highways and facilities, and (2) the adoption of best management practices for the enhancement of pollinator habitat on state-owned property, including, but not limited to, agricultural lands.

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

Section 1

from passage

10-231a

Sec. 2

October 1, 2015

10-231b

Sec. 3

October 1, 2015

10-231d

Sec. 4

October 1, 2015

New section

Sec. 5

October 1, 2015

22a-65

Statement of Purpose:

To authorize the use of certain microbials for the control of grubs, expand the current prohibition on the application of lawn care pesticides at schools to include grades nine through twelve, prohibit the application of lawn care pesticides on athletic fields and municipal greens and re-establish the Pesticide Advisory Council.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]