An Act To Revise Notification Requirements for Pesticides Applications Using Aircraft or Air-carrier Equipment
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, it is in the public interest to inform citizens of certain pesticides applications occurring in proximity to populated areas; and
Whereas, revisions are needed to facilitate implementation of the established notification and registry provisions in the laws governing pesticides applications; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Sec. 1. 22 MRSA §1471-Y, as enacted by PL 2009, c. 378, §1, is amended to read:
§ 1471-Y. Notification of outdoor pesticides application using aircraft or air-carrier equipment
A land manager may not apply pesticides using aircraft or air-carrier equipment unless the notification requirements of this section are met.
(1) Residential buildings, together with any associated maintained areas likely to be occupied by humans, such as lawns, gardens, recreational areas and livestock management and housing areas;
(2) School buildings, together with any associated maintained areas likely to be occupied by humans, such as playgrounds and athletic fields and courts;
(3) Commercial, institutional or other structures likely to be occupied by humans, together with any associated maintained areas such as lawns, gardens, parking and recreational areas; and
(4) Maintained recreational areas, including campgrounds, picnic areas, marked roadside rest areas, marked hiking trails, park and recreation facilities, athletic fields and other areas for organized sports or recreation, but not including trails located on privately owned lands that are used by permission of the landowner.
Notification in compliance with this subsection fulfils fulfills the notification requirement for 3 years unless the information provided under paragraph A, B or C changes.
Upon the request of a neighbor 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.
Telephone calls, either personal or automated, are an acceptable means of notification under subsection 3. To the extent possible, the land manager shall use the preferred means of communication identified by registrants under section 1471-Z, subsection 1, paragraph F.
Sec. 2. 22 MRSA §1471-Z, as enacted by PL 2009, c. 378, §2, is amended to read:
§ 1471-Z. Registry of citizens requesting additional information
The board shall develop and maintain a registry of residents and property owners in the State who request to that their properties be placed on a registry for the purpose of receiving information on the outdoor application of pesticides using aircraft or air-carrier equipment in addition to the information required under section 1471-Y.
Any resident, owner or lessee of property in the State is entitled to be placed on the registry of citizens. A fee may not be charged to register. Persons remain on the registry until they notify the board in writing that they want to be removed from the registry or until the board staff determines that the contact is no longer valid.
A person requesting that that person's property be placed on the registry must submit the information required in subsection 1 no later than March 15th of a given year to receive notifications under section 1471-Y, subsection 3 in that year.
Sec. 3. 22 MRSA §1471-AA is enacted to read:
§ 1471-AA. Waiver from notification requirements
Upon receipt of a petition from the Commissioner of Conservation, the Commissioner of Agriculture, Food and Rural Resources or the Commissioner of Health and Human Services, the board may waive the notification requirements under section 1471-Y for pesticides applications when the board determines that severe pest outbreaks or weather conditions conducive to severe pest outbreaks:
The board may waive the notification requirements under this section only when immediate, wide-scale aerial applications are necessary.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
1. Excludes backpack sprayers from the definition of "air-carrier equipment";
2. Adds a definition for "sensitive area likely to be occupied" and requires land managers to make a good faith effort to inform owners, lessees and managers of these areas of intended pesticides applications when the sensitive area abuts and lies within 1,320 feet of the intended spray area;
3. Requires that notifications be sent by March 15th rather than 90 days prior to the first application;
4. Clarifies that an approximate schedule of when applications are likely to occur suffices for notification and removes the obligation to update the notification information more than once every 3 years;
5. Allows the information sent to participants in the pesticide information registry to be provided at any time the day before an application rather than a minimum of 24 hours before an application;
6. Specifies that brand names rather than commercial and scientific names of pesticides be provided to registry participants;
7. Specifies that a registrant's request for material safety data sheets or a pesticide label does not require a land manager to postpone an application;
8. Directs a land manager to use the registrant's preferred means of communication when providing required information;
9. Revises the information required to be provided by registrants with respect to the locations of their properties;
10. Provides that the registry contain a registrant's preferred means of communication;
11. Establishes a deadline of March 15th for registrants who want to receive information during the upcoming spray season and a deadline of April 1st for the board to make the updated registry available to land managers; and
12. Authorizes waivers of notification requirements when public health or natural resources are threatened.