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An Act To Provide for Public Notification of Indoor Pesticide Applications
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1471-Y  is enacted to read:
§ 1471-Y.  Commercial and multifamily residential buildings; notice of application
The application of pesticides in an occupied building, as defined by the board by rule, is governed by this section. This section does not apply to the application of pesticides in school buildings, as defined by the board by rule.
 
1.  Agency, business or institutional buildings.     The board by rule shall require an applicator who applies pesticides in a building housing an agency, business or institution to post for a period of 6 months after the application a notice of that pesticide application. Notification is not required for any application exempted from FIFRA regulation under 40 Code of Federal Regulations, Section 152.25 or other applications exempted by the board by rule. The board shall require the posted sign to be displayed at the main public entrance to the building and, in a commercial building, at a location conspicuous to employees.
 
2.  Notice to tenants.     The board shall by rule require the owner or manager of a rented residential unit to provide prior notice to a tenant of any pesticide application to the rented unit that is not requested by the tenant and of any pesticide application to a common area of the building. Notification is not required for any application exempted from FIFRA regulation under 40 Code of Federal Regulations, Section 152.25 or other applications exempted by the board by rule. The board shall require any posted notice to be displayed at the main public entrance to the building.
 
3.  Child care facilities and nurseries.     The board shall adopt requirements for notice of pesticide application in nursery schools and child care facilities. The rule must be consistent with the rules of the Community Services Center relating to notices of environmental lead hazards in nursery schools and the rules of the Office of Child and Family Services relating to notices of environmental lead hazards in child care facilities.
 
4.  Rules.     Rules adopted by the board under this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 2. Rules. The authority of the Board of Pesticides Control to adopt Chapter 26 of its rules is superseded by the Maine Revised Statutes, Title 22, section 1471-Y, which is enacted by section 1 of this Act, and that rule is declared to be null and void. All future rules of the board governing standards for indoor pesticide applications in occupied buildings other than school buildings are governed by Title 22, section 1471-Y.
 
SUMMARY
This bill directs the Board of Pesticides Control to establish certain notice requirements for the application of pesticides in occupied buildings other than school buildings. The bill voids the Board of Pesticides Control’s current rules on this subject.