General Assembly Raised Bill No. 6897
January Session, 2015 LCO No. 4313
*04313_______KID*
Referred to Committee on COMMITTEE ON CHILDREN
Introduced by:
(KID)
General Assembly
Raised Bill No. 6897
January Session, 2015
LCO No. 4313
*04313_______KID*
Referred to Committee on COMMITTEE ON CHILDREN
Introduced by:
(KID)
AN ACT CONCERNING THE APPLICATION OF PESTICIDES AT STATE-OPERATED PARKS, ATHLETIC FIELDS AND PLAYGROUNDS.
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 Section 10-231a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):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, and section 2 of 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, [and] but shall 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, (C) a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR 152.25, or (D) grub control product that is registered with the United States Environmental Protection Agency that does not contain a signal label with a caution, warning or danger indication, and, except for such pesticides described in subparagraphs (A) and (C) of this subdivision, is subject to the restrictions in section 10-231b for an emergency application of a lawn care pesticide, (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. (NEW) (Effective October 1, 2015) (a) As used in this section:
(1) "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 if such pesticide applicator operates under the direct supervision of a pesticide applicator with said supervisory certification;
(2) "Controlling authority" means the executive head of any state department responsible for the maintenance of any state-operated park, athletic field or playground, other than a playground located on the premises of a school, or such person's designee; and
(3) "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, college or university or that is used for professional sporting or sporting-related activities.
(b) (1) No person shall apply pesticide or lawn care pesticide within any state-operated park, athletic field or playground, other than a playground located on the premises of a school, except a certified pesticide applicator may make an emergency application of pesticide or lawn care pesticide to eliminate an immediate threat to human health, as determined by the Commissioner of Public Health or the Commissioner of Energy and Environmental Protection, including, but not limited to, the elimination of mosquitoes, ticks and stinging insects, provided such emergency application of pesticide or lawn care pesticide does not involve a restricted use pesticide, as defined in section 22a-47 of the general statutes.
(2) Notwithstanding the provisions of subdivision (1) of this subsection, on and after July 1, 2015, and until July 1, 2017, a certified pesticide applicator may apply lawn care pesticide at any state-operated athletic field to transition to nontoxic care, provided such lawn care pesticide is applied pursuant to an integrated pest management plan that shall be consistent with a model pest control management plan developed by the Commissioner of Energy and Environmental Protection pursuant to section 22a-66l of the general statutes.
(c) Prior to any application of pesticide or lawn care pesticide within any state-operated park, athletic field or playground, other than a playground located on the premises of a school, the controlling authority shall, within the existing budgetary resources available to the controlling authority, provide public notice of such application not fewer than twenty-four hours prior to such application of pesticide or lawn care pesticide. Such public notice shall be posted on the premises of such state-operated park, athletic field or playground, and on any Internet web site operated by such controlling authority. If a controlling authority determines an emergency application of pesticide or lawn care pesticide is necessary pursuant to subdivision (1) of 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 or lawn care pesticide being applied, (2) the target pest, (3) the location of the application of pesticide or lawn care pesticide on the grounds of such state-operated park, athletic field or playground, and (4) the date or proposed date of the application of pesticide or lawn care pesticide. A copy of each notice of such application of pesticide or lawn care pesticide at such state-operated park, athletic field or playground shall be maintained by the controlling authority for a period of five years from the date of application of the pesticide or lawn care pesticide and available to members of the public at an easily accessible location.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 10-231a
Sec. 2 October 1, 2015 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
10-231a
Sec. 2
October 1, 2015
New section
Statement of Purpose:
To protect children's health from exposure to toxic lawn pesticides by applying certain restrictions concerning the application of lawn pesticides at state-operated parks, athletic fields and playgrounds.
[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.]