| | All money received by the board under the provisions of this | subchapter must be deposited in the State Treasury to the credit | of a special fund to be used for carrying out the provisions of | this subchapter and Title 22, chapter 258-A, Board of Pesticides | Control, and for such other expenses related to insect and pest | management as provided by law. Positions that are allocated to | the fund but that do not perform functions specifically assigned | to the board in this subchapter and Title 22, chapter 258-A | remain under supervision and management of the Department of | Agriculture, Food and Rural Resources. |
|
| | Sec. 22. 7 MRSA §622, as enacted by PL 1975, c. 382, §3, is | repealed. |
|
| | Sec. 23. 7 MRSA §623, as amended by PL 1977, c. 78, §25, is further | amended to read: |
|
| | The enactment of this subchapter shall does not have the | effect of terminating or in any way modifying any liability, | civil or criminal, which shall already be in existence on October | 1, 1975. |
|
| | Sec. 24. 7 MRSA §625, as enacted by PL 1989, c. 702, §1, is amended | to read: |
|
| §625. Right-of-way spraying; no-spray agreements |
|
| | Any public utility, or the Department of Transportation, which | that maintains a right-of-way through a municipality shall offer | a no-spray agreement, with reasonable provisions, for the | municipality to consider if it desires. Any agreement negotiated | may include, but is not limited to, the responsibilities of the | parties, the allocation of costs and the rights and remedies of | the parties in the event of default and may apply to all or any | part of the right-of-way within the municipality. Any agreement | reached under this section must be negotiated in good faith, | written and signed by all parties. As part of the no-spray | agreement, the municipality may either perform the vegetation | control work to standards as provided in the agreement, or else | contract with the public utility or the Department of | Transportation to conduct the work. |
|
| | If a reasonable no-spray agreement is offered to a | municipality and an agreement is not reached within 90 days after | the date of the offer, the public utility or the Department of | Transportation at its own option may apply pesticides in the its | right-of-way under its jurisdiction or use other methods to | control the vegetation. If the municipality agrees to perform |
|
|