PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney.
Amend the bill by striking out the title and substituting the following:
‘An Act To Promote Safe and Consistent Regulation of Pesticides by Requiring the Board of Pesticides Control To Review and Advise on Municipal Ordinances’
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 22 MRSA §1471-U, sub-§3, as repealed and replaced by PL 1989, c. 93, §1, is amended to read:
 
3. New ordinances.   The clerk of the municipality shall provide the board with notice and a copy of any proposed ordinance subject to be listedlisting under subsection 1 at least 790 days prior to the meeting of the legislative body or the public hearing at which adoption of the ordinance will be considered. The board shall review the proposed ordinance and provide advice and comments, including any recommended revisions to ensure the safe and consistent regulation of pesticides, to the clerk of the municipality within 60 days of receipt of the proposed ordinance. The municipal officers shall review and consider the board's advice, comments and recommended revisions to the ordinance. The clerk shall provide the board with notice and a copy of the ordinance, including any revisions, at least 7 days prior to the meeting of the legislative body or the public hearing at which adoption of the ordinance will be considered. The clerk shall notify the board within 30 days after adoption of the ordinance.
Sec. 2. Review of existing ordinances. The Department of Agriculture, Conservation and Forestry, Board of Pesticides Control shall review the municipal pesticide ordinances that are listed in the centralized listing maintained pursuant to the Maine Revised Statutes, Title 22, section 1471-U, subsection 1 as of the effective date of this Act. No later than December 31, 2018, the board shall provide to the clerk of a municipality that has an ordinance subject to board review under this section the board's advice and comments, including any recommended revisions to ensure the safe and consistent regulation of pesticides. The municipal officers shall review and consider the board's advice, comments and recommended revisions to the ordinance.’
 
SUMMARY
This amendment is a minority report of the committee and replaces the bill and changes the title. The amendment requires the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control to review any proposed municipal ordinance to regulate pesticide storage, distribution or use. Specifically, it requires municipalities to submit a proposed pesticide ordinance to the board at least 90 days prior to adoption, rather than 7 days in current law. It requires the board to review the proposed ordinance and, within 60 days of receiving the proposed ordinance, to provide advice and comments on the proposed ordinance, including recommended revisions to ensure the safe and consistent regulation of pesticides. It requires the municipality to review and consider the board's advice and recommendations prior to adoption of the ordinance.
The amendment also requires the board to review existing municipal pesticide ordinances in place as of the effective date of this Act and, no later than December 31, 2018, provide advice and comments, including any recommended revisions to ensure the safe and consistent regulation of pesticides, to each municipality that has an existing ordinance. It requires the municipal officers to review and take under consideration the board's comments and recommended revisions to the existing ordinance.
FISCAL NOTE REQUIRED
(See attached)