MURIEL BOWSER
MAYOR
November 8
, 2023
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and enactment by the Council of the District of Columbia is a bill
entitled “Pesticide Operations Amendment Act of 2023”.
The bill will amend section 4(b)(3) of the Pesticide Operations Act of 1977, effective April 18,
1978 (D.C. Law 2-70; D.C. Official Code § 8-403(b)(3)), to clarify that the Mayor may
establish categories and subcategories of private pesticide applications. The amendment will
also bring about greater conformity between that act and the District’s Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) Compliance Plan.
I urge the Council to take prompt and favorable action on the enclosed legislation.
Sincerely,
Muriel Bowser
Enclosures 1
______________________ 1
Chairman Phil Mendelson 2
at the request of the Mayor 3
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A BILL 7
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_________ 9
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
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__________________ 14
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To amend the Pesticide Operations Act of 1977 to clarify that the Mayor may establish 16
categories and subcategories of private pesticide applicators. 17
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
act may be cited as the “Pesticide Operations Amendment Act of 2023”. 20
Sec. 2. Section 4(b)(3) of the Pesticide Operations Act of 1977, effective April 18, 1978 21
(D.C. Law 2-70; D.C. Official Code § 8-403(b)(3)), is amended by striking the phrase 22
“commercial applicators” and inserting the phrase “commercial and private applicators” in 23
its place. 24
Sec. 3. Fiscal impact statement. 25
The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 26
impact statement required by section 4a of the General Legislative Procedures Act of 1975, 27
approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 28
Sec. 4. Effective date. 29
This act shall take effect following approval by the Mayor (or in the event of veto by the 30
Mayor, action by the Council to override the veto), a 30-day period of Congressional review as 31
provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 32 2
24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 33
Columbia Register. 34 ______________________________________________________________________________
1350 Pennsylvania Avenue, N.W., Suite 409, Washington, D.C. 20004 Phone: (202) 724- 5524 Email: megan.browder@dc.gov
GOVERNMENT OF THE DISTRICT OF COLUMBIA
O
FFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL
ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION
L
EGAL COUNSEL DIVISION
MEMORANDUM
TO: Tommy Wells
Director
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: May 22, 2023
SUBJECT: Legal Sufficiency Review of Draft Legislation, the “Pesticide Operations Amendment Act of 2023”
(AD-23-124)
This is to Certify that this Office has reviewed the above- referenced
proposed legislation and has found it to be legally sufficient. If you have questions
regarding this certification, please do not hesitate to contact me at 724-5524.
_____________________________ Megan D. Browder Government of the District of Columbia
Office of the Chief Financial Officer
Glen Lee
Chief Financial Officer
1350 Pennsylvania Avenue, NW, Suite 203, Washington, DC 20004 (202)727-2476
www.cfo.dc.gov
MEMORANDUM
TO: The Honorable Phil Mendelson
Chairman, Council of the District of Columbia
FROM: Glen Lee
Chief Financial Officer
DATE: May 26, 2023
SUBJECT: Fiscal Impact Statement – Pesticide Operations Amendment Act of
2023
REFERENCE: Bill as provided to the Office of Revenue Analysis on May 11, 2023
Conclusion
Funds are sufficient in the fiscal year 2023 budget and proposed fiscal year 2024 through fiscal year
2027 budget and financial plan to implement the bill.
Background
The Department of Energy and Environment (DOEE) regulates the application and use of pesticides
in the District. DOEE ensures that pesticide applicators
1 are certified and licensed and that only
approved pesticides are used in the District.
The bill expands DOEE’s ability to categorize certified applicators for potential certification and
licensure to include private individuals. Currently, DOEE can only create categories for commercial
applicators based on the types of pesticides they use, the purposes of their use, the type of equipment
used, and other factors DOEE determines are important.
2
Financial Plan Impact
Funds are sufficient in the fiscal year 2023 budget and proposed fiscal year 2024 through fiscal year
2027 budget and financial plan to implement the bill. The bill’s implementation will ensure that
1
Certified applicators are individuals certified by the Mayor as being competent to use or supervise the use of
restricted use pesticides or other pesticides covered by the certification. (D.C. Official Code § 8-401(e)).
2
Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-403(b)). The Honorable Phil Mendelson
FIS: “Pesticide Operations Amendment Act of 2023,” Bill as provided to the Office of Revenue Analysis on May
11, 2023
Page 2 of 2
DOEE’s laws and regulations are consistent with the Federal Insecticide, Fungicide, and Rodenticide
Act
3 and that DOEE stays in compliance with the Environmental Protection Agency. The bill allows
DOEE make determinations about the types of pesticides an individual can apply or not apply on their
property and DOEE can absorb any implementation costs within the agency’s existing budgeted
resources.
3
Effective June 25, 1947 (Public Law 80-104; 61 Stat. 163).