General Assembly Raised Bill No. 6440
January Session, 2013 LCO No. 3280
*03280_______ENV*
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
General Assembly
Raised Bill No. 6440
January Session, 2013
LCO No. 3280
*03280_______ENV*
Referred to Committee on ENVIRONMENT
Introduced by:
(ENV)
AN ACT CONCERNING MUNICIPALITIES AND THE APPLICATION OF LAWN CARE PESTICIDES.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 22a-47 of the general statutes is amended by adding subsection (ee) as follows (Effective October 1, 2013):
(NEW) (ee) "Lawn care pesticide" has the same meaning as provided in section 10-231a.
Sec. 2. Subsection (a) of section 22a-54 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) No individual shall use or supervise the use of any restricted use pesticide within this state at any time without a private or commercial certificate or permit issued in accordance with the provisions of this section, unless the use is under the direct supervision of a certified applicator; provided, any pesticide classified for restricted use by the administrator of the United States Environmental Protection Agency shall be used only by a certified applicator or under the direct supervision of a certified applicator. The commissioner shall have exclusive authority in the regulation of pesticide spraying, including, but not limited to, practices and procedures prior to and during any spraying, except as provided in section 22a-66z and section 3 of this act. The commissioner may by regulations adopted in accordance with the provisions of chapter 54 establish procedures for municipalities to designate watercourses or other sources of water which applicators may draw upon for pesticide spraying.
Sec. 3. (NEW) (Effective October 1, 2013) Any municipality may apply to the Commissioner of Energy and Environmental Protection for the authority to regulate the spraying of any lawn care pesticide in such municipality provided such municipality, by a vote of its town council or town meeting, determines that the municipality has a compelling reason to seek authority to regulate such lawn care pesticide. The regulation of a pesticide by a municipality pursuant to this section may include the authority to prohibit the spraying of a lawn care pesticide on any residential or commercial property in such municipality or the authority to establish the permitted frequency of the spraying of a lawn care pesticide on any residential or commercial property in such municipality. Any application filed pursuant to this section shall be filed on a form prescribed by the commissioner and shall indicate the lawn care pesticide that the municipality seeks to regulate and the authority that the municipality seeks to exercise concerning such lawn care pesticide. A separate application shall be filed for each lawn care pesticide that such municipality seeks to regulate. In making a determination whether to approve an application pursuant to this section, the commissioner shall not approve an application unless the commissioner determines that such lawn care pesticide poses a threat to the human health or to the environment of such municipality to such a degree that: (1) The spraying of such lawn care pesticide on any residential or commercial property in such municipality should be prohibited in such municipality, or (2) the frequency of the spraying of such lawn care pesticide to any residential or commercial property in such municipality should be subject to limitation. The commissioner shall make a determination whether to approve or deny an application filed pursuant to this section not later than ninety days after the submission of such application to the commissioner. In approving any application pursuant to this section, the commissioner shall clearly indicate the authority granted to such municipality concerning such lawn care pesticide. In denying any application pursuant to this section, the commissioner shall clearly indicate the reasons for such denial. Nothing in this section shall be construed to prohibit a municipality from submitting a subsequent application to the commissioner for authority to regulate the spraying of a lawn care pesticide following the denial of such an application by the commissioner. The commissioner may adopt regulations in accordance with the provisions of chapter 54 of the general statutes to implement the provisions of this section.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 22a-47
Sec. 2 October 1, 2013 22a-54(a)
Sec. 3 October 1, 2013 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
22a-47
Sec. 2
October 1, 2013
22a-54(a)
Sec. 3
October 1, 2013
New section
Statement of Purpose:
To allow municipalities to apply to the Commissioner of Energy and Environmental Protection for the authority to regulate the spraying of lawn care pesticides in such municipality.
[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.]