HP0087, LD 101, item 1, An Act To Reestablish the Pesticide Notification Registry

An Act To Reestablish the Pesticide Notification Registry

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA §§1471-CC and 1471-DD are enacted to read:

§ 1471-CC. Registry of property requiring notification for pesticides applications

The board shall develop and maintain a registry of the properties of residents, lessees and property owners in the State who request that their properties be placed on a registry in order that the residents, lessees and owners receive advance notification of the outdoor application of pesticides.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Air-carrier equipment" means any application equipment that uses a mechanically generated airstream to propel spray droplets. "Air-carrier equipment" does not include backpack sprayers or air-assisted application equipment in which the airstream is directed downward into the target canopy.

B. "Land manager" means the owner of the land upon which pesticides are to be applied, a person leasing the land or a person, firm, company or other legal entity designated by the lessee or owner to manage the land, vegetation on the land or pests occurring on the land.

2. Development of registry. The board shall solicit participation in the registry through newspaper articles, public notices distributed to municipal offices and a notice posted on the board's publicly accessible website. For a property to be placed on the registry, a person must submit to the board, using a form provided on the board's publicly accessible website or a paper copy of the form, which must be provided by the board upon request, the following information:

A. The person's full name;

B. The person's telephone number;

C. The physical location of the property being registered, including the street address if available. If a street address is not available, longitude and latitude coordinates or a description of the property in sufficient detail to be located on a 7.5-minute or 15-minute series topographical map must be provided;

D. The person's mailing address;

E. The person's e-mail address if available; and

F. The person's preferred means of notification.

Any resident, lessee or owner of property in the State is entitled to have that property placed on the registry. A fee may not be charged to register. Property must remain on the registry until the resident, lessee or owner notifies the board in writing that the property is to be removed from the registry or until the board staff determines that the contact is no longer valid.

3. Obligations to provide information to people on registry. A land manager intending to conduct an outdoor application of pesticides using aircraft or air-carrier equipment shall access the registry to identify any person entitled to notification under subsection 4 and, except as provided in subsections 6 and 7, shall provide that person with notification no later than the day before and no earlier than 7 days before the day of the application. The notification must include:

A. The date and approximate time of application;

B. The type of equipment to be used and the manner in which the pesticides will be applied;

C. The brand names and the United States Environmental Protection Agency's registration numbers for the pesticides to be used;

D. Contact information for the land manager; and

E. The location of the property that the land manager intends to spray.

Upon the request of a person receiving notification under this subsection, a land manager shall provide the material safety data sheets for the pesticides being used or copies of the pesticides labels. A land manager is not required to postpone an application pending delivery of the requested information.

4. Criteria requiring notification. A land manager is required to notify a person whose property is on the registry if the pesticides are being applied using aircraft or air-carrier equipment and the registered property lies within 1,320 feet of the intended spray area.

5. Means of notification. A land manager conducting or contracting for a pesticides application using aircraft or air-carrier equipment shall make a good faith effort to convey the information required in subsection 3. Acceptable means of notification include:

A. Personal delivery of notification;

B. Mailing of notification through the United States Postal Service;

C. Electronic mailing of notification;

D. Telephone calls, either personal or automated; or

E. Other means determined acceptable by the board.

6. Delayed notification acceptable. A land manager using integrated pest management, as defined in Title 7, section 2401, may provide the information required under subsection 3, paragraphs A to D on the day of the application but prior to the application when an immediate threat to a crop arises and a delay would:

A. Result in significantly greater crop damage; or

B. Necessitate a more extensive application of pesticides or use of more toxic pesticides.

A land manager providing delayed notification under this subsection shall inform the board no later than 10 days after the application of the circumstances necessitating the application and provide any other information required in rules adopted under subsection 9.

7. Waiver for public health emergencies and pest outbreaks that threaten severe economic or natural resource loss. The board may waive notification requirements under subsection 3 in the event of a pest management emergency declared by the Governor, the commissioner or the Commissioner of Agriculture, Conservation and Forestry.

8. Records maintained. The board shall require a land manager to maintain records sufficient to determine compliance with this section. The board shall establish record-keeping requirements through rulemaking under subsection 9.

9. Rulemaking. The board shall adopt rules to implement this section. The rules may provide additional means of identifying property registered under subsection 2 and alternate means of providing notification under subsection 3. Rules adopted under this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

§ 1471-DD. Awareness of outdoor pesticides applications; role of the board

1. Public awareness. The board shall increase awareness of the registry established under section 1471-CC using newspapers, public notices distributed to municipal offices and notices posted on the board's publicly accessible website and through cooperative efforts with other state agencies and private organizations.

2. Acceptance of funds. The board may accept gifts, donations, grants and matching funds from any private or public source for the purposes of administering the pesticides notification registry established under section 1471-CC. These funds may be used to publicize the registry, develop efficient mechanisms for land managers to access the registry and promote compliance. The board shall deposit all funds accepted for these purposes with the Treasurer of State to be credited to the board's special fund under Title 7, section 621. Any gift, donation, grant or matching funds accepted with a stipulated purpose may be used only for that purpose.

summary

This bill reestablishes the law, which was repealed by Public Law 2011, chapter 332, governing the development and maintenance of a registry of the properties of residents, lessees and property owners who request that their properties be placed on a registry in order that they receive advance notification of the outdoor application of pesticides near their properties.

HP0087 LD 101	Session - 129th Maine Legislature		LR 553 Item 1
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information for this Bill
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Current Committees		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer