HP0130, LD 174, item 1, An Act To Limit the Use of Pesticides on School Grounds

An Act To Limit the Use of Pesticides on School Grounds

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 20-A MRSA §6307 is enacted to read:

§ 6307. Use of pesticides in school buildings and on school grounds

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Lawn care pesticide" means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, 7 United States Code, Section 136 et seq. for use on lawn, garden and ornamental sites or areas.

B. "Pesticide" has the same meaning as in 7 United States Code, Section 136(u).

C. "School" means a public elementary school, secondary school or kindergarten, or a nursery school that is part of a public elementary or secondary school, or a private elementary school, secondary school or kindergarten, or a nursery school that is part of a private elementary school or secondary school, approved under section 2901.

D. "School grounds" means land associated with a school building, including playgrounds, lawns, agricultural and recreational fields, walkways, fence lines and any other outdoor area used by students or staff, including property owned by a municipality or private entity that is regularly used for school activities. "School grounds" does not include athletic fields.

2. Pesticide applications in school buildings. The application of pesticides in school buildings must comply with Title 7, chapter 103, subchapter 2-A, Title 22, chapter 258-A and rules adopted by the Department of Agriculture, Conservation and Forestry, Board of Pesticides Control under those chapters.

3. Allowed uses of pesticides on school grounds. Pesticides, including lawn care pesticides, may be used on school grounds only:

A. To control, repel or eliminate stinging or biting insects when there is an urgent threat to the health or safety of a student or staff member;

B. In response to the presence of animals or insects, including mosquitoes and ticks, identified as a public health nuisance by the Department of Health and Human Services, Maine Center for Disease Control and Prevention or a local public health officer; or

C. On an agricultural field in accordance with the manufacturer's instructions for use of the pesticides for appropriate pest management.

Pesticides may be used on school athletic fields when determined necessary by the school for the health and safety of the field and students. A school shall consider all options for reducing pesticide use on athletic fields, including reduced application amounts and the development of plans that phase out pesticide use or use alternatives to pesticides.

4. Adoption of rules minimizing or avoiding pesticide use on school grounds. The commissioner shall adopt rules to implement landscaping design that minimizes or avoids the necessity of the use of pesticides on school grounds for new construction of school facilities. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 2. Rulemaking. The Commissioner of Education shall adopt rules required pursuant to the Maine Revised Statutes, Title 20-A, section 6307, subsection 4 no later than January 1, 2018.

SUMMARY

This bill restricts the use of pesticides on school grounds. It allows their use only in situations that pose a health threat to a student or staff member, in response to the presence of animals or insects identified as a public health nuisance or on agricultural fields in accordance with the manufacturer's instructions. It permits their use on athletic fields when determined necessary by the school for the health and safety of the field and students. It requires the Commissioner of Education to adopt rules to implement landscaping design that minimizes or avoids the necessity of the use of pesticides on school grounds for new construction of school facilities.

HP0130 LD 174	Session - 128th Maine Legislature		LR 163 Item 1
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