Sec. 1. 22 MRSA §1444, sub-§4 is enacted to read:

4.__Limits on pesticide application.__The following provisions govern the application of pesticides for the control of browntail moths.

A.__As used in this subsection, unless the context otherwise indicates, the following terms have the following meanings.

(1)__"Hydraulic rig" means ground equipment that uses a hydraulic pump to create a highly pressurized and directed application of pesticide droplets.

(2)__"Mist blower" means ground equipment that creates a high-velocity wind to apply a pesticide mist.

B.__The following provisions govern the application of pesticides near the normal high tide mark.__A person may not apply pesticides using:

(1)__Aerial application in an area from the normal high tide mark to 1,000 feet inland;

(2)__A mist blower in an area from the normal high tide mark to 500 feet inland; or

(3)__A hydraulic rig in an area from the normal high tide mark to 50 feet inland.

This paragraph does not limit the application of pesticides by a person using a handheld device.

This paragraph applies to any public or private application of pesticides for the control of browntail moths whether or not the Director of the Bureau of Health has declared that an infestation of browntail moths is a public health nuisance pursuant to subsection 1.

SUMMARY

This bill places limits on the application of pesticides near the normal high tide mark for the control of browntail moths. It contains the following limits.

1. A person may not apply pesticides using aerial application in an area from the normal high tide mark to 1,000 feet inland.