General Assembly Substitute Bill No. 1063
January Session, 2015 *_____SB01063ENV___032315____*
General Assembly
Substitute Bill No. 1063
January Session, 2015
*_____SB01063ENV___032315____*
AN ACT CONCERNING THE APPLICATION OF PESTICIDES ON MUNICIPAL PARKS AND PLAYGROUNDS AND AUTHORIZING THE USE OF CERTAIN MICROBIALS.
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 Section 10-231a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):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 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, as amended from time to time, [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. (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. "Lawn care pesticide" does not include (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, as amended from time to time;
(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 such supervisory certification;
(6) "Controlling authority" means the executive head of the municipal department responsible for the maintenance of a park, a playground, other than a playground located on the premises of a school, an athletic field or a 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, a playground, other than a playground located on the premises of a school, an athletic field or a 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.
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
ENV Joint Favorable Subst.
ENV
Joint Favorable Subst.