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 increase awareness of and compliance with 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Sec. 1. 22 MRSA §1471-Y, as enacted by PL 2009, c. 378, §1, is repealed.
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that they want the property is to be removed from the registry or until the board staff determines that the contact is no longer valid.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.
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.
This subsection is repealed January 1, 2012.
Sec. 3. 22 MRSA §1471-AA is enacted to read:
§ 1471-AA. Awareness of outdoor pesticides applications; role of the board
Sec. 4. Awareness of registry for receiving pesticides application information. Until July 1, 2010, the Department of Agriculture, Food and Rural Resources, State Board of Pesticides Control shall concentrate its efforts under the Maine Revised Statutes, Title 22, section 1471AA to raise awareness of the registry under Title 22, section 1471-Z and its purpose in areas of the State where pesticides applications using aircraft and air-carrier equipment occur and shall conduct outreach with land managers engaged in aerial and air-carrier applications to maximize understanding of and compliance with the requirements of Title 22, section 1471Z, subsection 3. In June 2010, the board shall update the registry, and the board shall make the updated registry available to land managers no later than July 1, 2010.
Sec. 5. 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, with input from the Department of Health and Human Services and other public health professionals, may provisionally adopt major substantive rules under Title 22, section 1471Z, subsection 9 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, including, but not limited to, an Internet-based system of direct notification, and may establish acceptable methods of notification in rule.
Sec. 6. Report to legislative committee. The Department of Agriculture, Food and Rural Resources, State Board of Pesticides Control, with input from the Department of Health and Human Services and other public health professionals, 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;
2. Recommendations regarding changes to the distances and types of applications requiring notification under the Maine Revised Statutes, Title 22, section 1471Z, subsection 3;
3. The effectiveness of the public awareness activities conducted under Title 22, section 1471-AA and section 4 of this Act;
4. The feasibility and advisability of requiring land managers to post signs on the perimeter of properties on which pesticides will be applied using aircraft or air-carrier equipment; and
5. The feasibility of establishing and maintaining an Internet-based system to allow a land manager to electronically provide information required in Title 22, section 1471-Z, subsection 2, paragraphs A to E to persons on the registry who are entitled to notification under Title 22, section 1471-Z, subsections 2 and 3.
Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF
Pesticides Control - Board of 0287
Initiative: Allocates one-time funds for a campaign to raise awareness about the pesticides notification registry.
|OTHER SPECIAL REVENUE FUNDS||2009-10||2010-11|
|OTHER SPECIAL REVENUE FUNDS TOTAL||$25,000||$0|
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.