00 HOUSE BILL NO. 53 01 "An Act relating to the application of pesticides and broadcast chemicals in certain 02 public places near fish habitat or water used for human consumption and on state- 03 owned land, land leased by or to the state, state highways, and state-owned rights-of- 04 way." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06  * Section 1. AS 46.03.320(c) is amended to read: 07 (c) Except as otherwise provided in this section, a [A] person may not apply 08 a pesticide or broadcast chemical in a common area of a building that contains  09 more than four single family dwellings or apartment building, to portions of a  10 government office or facility to which access is not normally restricted to  11 employees, or to plazas, parks, or public sports facilities [PUBLIC PLACE] unless 12 licensed by the department or otherwise authorized under a regulation of the 13 department. The department shall by regulation provide for reasonable public 14 notification, including written notice posted on the application site, when pesticides 01 and broadcast chemicals are applied under this subsection [IN A PUBLIC PLACE. 02 IN THIS SUBSECTION, "PUBLIC PLACE" MEANS 03 (1) COMMON AREAS OF AN APARTMENT BUILDING OR 04 OTHER MULTI-FAMILY DWELLING; 05 (2) THAT PORTION OF A GOVERNMENT OFFICE OR 06 FACILITY TO WHICH ACCESS IS NOT ORDINARILY RESTRICTED TO 07 EMPLOYEES; AND 08 (3) PLAZAS, PARKS, AND PUBLIC SPORTS FIELDS.] 09  * Sec. 2. AS 46.03.320 is amended by adding new subsections to read: 10 (e) The state or a public agency under the jurisdiction of the state may not 11 apply, or direct to be applied, a pesticide or broadcast chemical on a state-owned right- 12 of-way, along a state highway, or on more than one acre of land owned or leased by or 13 to the state unless 14 (1) the requirements of (g) of this section have been met; and 15 (2) written notice has been posted in a conspicuous place or places on 16 the application site, including along the right-of-way, highway, and points of public 17 access, at the time of the application.  18 (f) The state or a public agency under the jurisdiction of the state may not 19 apply, or direct to be applied, a pesticide or broadcast chemical within 150 feet of an 20 anadromous or resident fish habitat or within 600 feet of a public or private water 21 source that is used for human consumption unless 22 (1) written notice has been posted in a conspicuous place or places on 23 the application site, including points of public access, for at least 14 days before the 24 commencement of the application; 25 (2) the department finds that the pesticide or broadcast chemical 26 application will not harm anadromous or resident fish or an anadromous or resident 27 fish habitat and will not harm a public or private water source that is used for human 28 consumption; 29 (3) the requirements of (g) of this section have been met; and 30 (4) the department has issued a license for the application. 31 (g) Before a pesticide may be applied under (e) or (f) of this section, the state 01 or a public agency under the jurisdiction of the state shall develop a pesticide 02 application plan and provide reasonable public notice of and an opportunity for public 03 comment on the pesticide application plan. The state or public agency shall provide a 04 copy of the pesticide application plan developed under this subsection to each local 05 governing body in the area of the pesticide or broadcast chemical application before 06 providing an opportunity for public comment. The state or public agency shall hold a 07 public hearing if a hearing is requested by a local governing body in the area of the 08 pesticide or broadcast chemical application. A hearing held under this subsection shall 09 be reasonably accessible to members of the public in the area of the pesticide or 10 broadcast chemical application. Upon termination of the period provided for public 11 comment and following the hearing, if requested, the pesticide application plan may 12 be revised, if appropriate, to reflect comments or other information that has come to 13 the attention of the state or public agency. A brief summary of the comments, 14 information, and responses to the pesticide application received shall be appended to 15 the revised plan. The state or public agency shall provide a revised plan to each local 16 governing body in the area where the pesticide or broadcast chemical will be applied. 17 An application of a pesticide or broadcast chemical is exempt from this subsection if 18 the department determines that there is an imminent danger to public health or an 19 emergency that threatens a natural resource of the state that may be prevented or 20 mitigated by the prompt application of a pesticide or broadcast chemical. The 21 department shall adopt regulations to carry out the purposes of this subsection. In this 22 subsection, "local governing body" means a 23 (1) municipality; 24 (2) village council; 25 (3) community council established by municipal charter or ordinance; 26 and 27 (4) nonprofit corporation representing an unincorporated community. 28  * Sec. 3. AS 46.03.320(d) is repealed.