‘Sec. 1. 22 MRSA §1471-Y, as enacted by PL 2009, c. 378, §1, is amended to read:
§ 1471-Y. Preseason notification of the intent to conduct outdoor pesticides application using aircraft or air-carrier equipment
A land manager may not apply pesticides using aircraft or air-carrier equipment unless the preseason notification requirements of this section are met.
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.
Telephone calls, either personal or automated, are an acceptable means of notification under subsection 3.
Sec. 2. 22 MRSA §1471-Z, as enacted by PL 2009, c. 378, §2, is amended to read:
§ 1471-Z. 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 to that their properties be placed on a registry for the purpose of receiving information on in order that the residents, lessees and owners receive advance notification of 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 have that property placed on the registry of citizens. A fee may not be charged to register. Persons Property must remain on the registry until they notify the resident, owner or lessee notifies the board in writing that they want the property is to be removed from the registry or until the board staff determines that the contact is no longer valid.
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.
Sec. 3. Compliance with preseason notification requirement for initial 3 years, 2010-2012. Notwithstanding the Maine Revised Statutes, Title 22, section 1471Y, subsection 2, a land manager required to comply with the notification requirements under that subsection has 3 years from the effective date of this Act to notify all residents and managers entitled to notification under that subsection.
Sec. 4. Directive to State Board of Pesticides Control to establish comprehensive notification registry. The Department of Agriculture, Food and Rural Resources, State Board of Pesticides Control shall work to develop a comprehensive notification registry as a single source for accessing information on registered properties and the notification of persons entitled to be notified under the Maine Revised Statutes, Title 22, sections 1471R and 1471Z and under Chapter 28 and Chapter 51 of the rules of the board.
The board may provisionally adopt major substantive rules under Title 22, section 1471Z, subsection 7 that expand the requirement that land managers consult the comprehensive notification registry before conducting pesticides applications using aircraft or air-carrier equipment to include other types of outdoor applications and that modify and incorporate into the comprehensive notification registry notification requirements for persons currently entitled to notification of pesticides applications under Chapter 28 or Chapter 51 of the rules of the board or otherwise entitled to notification. The rules must specify distances from the intended application area within which a person must be notified before application of pesticides based on the type of equipment used and other criteria considered appropriate by the board. The board shall consider options for efficiently notifying people with registered property and may establish acceptable methods of notification in rule.
Sec. 5. Report to legislative committee. The Department of Agriculture, Food and Rural Resources, State Board of Pesticides Control shall submit a report, including suggested legislation, to the joint standing committee of the Legislature having jurisdiction over agricultural matters no later than February 1, 2011 on:
1. Progress made in working towards a comprehensive notification registry for persons who want to receive specific information about outdoor pesticides applications; and
2. Recommendations regarding changes to the distances and types of applications requiring notification under the Maine Revised Statutes, Title 22, section 1471Z, subsection 3.
Sec. 6. Legislation authorized. The joint standing committee of the Legislature having jurisdiction over agricultural matters may submit a bill to the 125th Legislature regarding the report under section 5.’