CSSB 27(L&C): "An Act relating to pesticide use; relating to program receipts collected by the Department of Environmental Conservation for registrations and licenses relating to pesticides; and providing for an effective date."
00 CS FOR SENATE BILL NO. 27(L&C) 01 "An Act relating to pesticide use; relating to program receipts collected by the 02 Department of Environmental Conservation for registrations and licenses relating to 03 pesticides; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 37.05.146(c) is amended by adding a new paragraph to read: 06 (78) receipts of the Department of Environmental Conservation under 07 AS 44.46.025(e) and AS 46.03.320(b). 08 * Sec. 2. AS 44.46.025 is amended by adding a new subsection to read: 09 (e) The department may charge a registration fee of $80 for a pesticide label 10 for a pesticide product registered for use in the state. 11 * Sec. 3. AS 46.03.320(b) is amended to read: 12 (b) The department may provide by regulation for the licensing of private 13 applicators of restricted-use pesticides and for persons engaged in the custom, 14 commercial, or contract spraying or application of pesticides and broadcast chemicals.
01 The license must specify each category of use that is authorized for the person 02 holding the license. A person engaged in the custom, commercial, or contract 03 spraying or application of pesticides and broadcast chemicals may, by regulation, be 04 required to secure a surety bond or liability insurance. The department shall 05 establish and collect a fee for a license issued under this subsection. The fee shall 06 be $25 times the number of years for which the license is valid when issued, 07 regardless of how many categories of use are authorized under the license. The 08 department shall review the licensing fee every two years and recommend 09 changes in the fee to the legislature when considered appropriate. 10 * Sec. 4. AS 46.03.320 is amended by adding a new subsection to read: 11 (c) The department shall compile and make available on the Internet the list of 12 pesticides registered for use in the state and the known potential hazards incidental to 13 the use of each pesticide. 14 * Sec. 5. AS 46.03 is amended by adding a new section to read: 15 Sec. 46.03.325. Notice of commercial pesticide spraying. (a) A person who 16 engages in the custom, commercial, or contract spraying or application of pesticides 17 shall give written notice as provided in this section every time that the person sprays a 18 pesticide out of doors, unless the spraying is covered by the notice provisions of 19 AS 46.03.330. 20 (b) The notice required under this section shall be posted at least 48 hours, but 21 not more than 72 hours, before the spraying and shall continue to be posted for at least 22 48 hours after the spraying is completed. 23 (c) The notice shall be posted 24 (1) on the property that is the subject of the spraying and on each 25 residence and each commercial building with a different owner or manager on all 26 properties adjacent to the location of the spraying; and 27 (2) in a manner that is reasonably calculated to provide actual notice to 28 the persons living or doing business on property contiguous to the property that will be 29 or has been sprayed. 30 (d) The notice required under this section must include 31 (1) the trade name of each pesticide;
01 (2) the chemical name, to the extent available, of the principal active 02 ingredients in each pesticide; 03 (3) the exact date and approximate time that the pesticide will be 04 sprayed or has been sprayed; 05 (4) the name, address, and telephone number of the person doing the 06 spraying; 07 (5) a warning that the pesticide is or may be harmful; and 08 (6) a statement of recommended precautions. 09 (e) The department shall provide samples of the notice required under this 10 section. Substantial compliance with the sample notices constitutes compliance with 11 this section. 12 * Sec. 6. AS 46.03 is amended by adding new sections to article 5 to read: 13 Sec. 46.03.335. Pesticide tracking system. (a) The department shall 14 establish and implement a pesticide use tracking system. In developing the system, 15 the department shall ensure that, to the extent practicable, the data submission process 16 uses existing record-keeping requirements, automates the reporting system, and 17 encourages electronic submission of data. The department shall strive for a system 18 that is efficient and cost-effective and that reveals the location and extent of pesticide 19 use to the extent practicable. 20 (b) The department may establish regulations for the submission and 21 dissemination of accurate data for the tracking system, including regulations 22 (1) for data submission timing, which may differ for different 23 categories of pesticide applicators; 24 (2) regarding which pesticides are subject to the reporting 25 requirements of this section, based in part on the frequency of pesticide application; in 26 adopting regulations under this paragraph, the department shall seek and consider 27 advice from the Pesticide Advisory Board; the department may not include sanitizers 28 or disinfectants within the reporting requirements of this section; and 29 (3) regarding how location information is to be submitted and reported, 30 which may differ for different categories of pesticide applicators; the department shall 31 require at least enough specificity about the location of pesticide applications so that
01 aggregation of the data into hydrological units, as defined by the United States 02 Geological Survey, is enabled. 03 (c) The system established under this section must require all licensed custom, 04 commercial, or contract pesticide applicators in the state to report to the department 05 the following information pertaining to the professional use of the pesticides that the 06 department has determined are subject to the reporting requirements of this section: 07 (1) pesticide product name and United States Environmental Protection 08 Agency registration number; 09 (2) total amount of product applied; 10 (3) identification number assigned to the reporting entity by the 11 department; 12 (4) size in acres or square feet of the area treated; 13 (5) application rate in volume or weight of product for each area 14 treated; 15 (6) location of application; 16 (7) date of application; 17 (8) application method, including equipment, device, or apparatus 18 used; and 19 (9) target organism. 20 (d) The department shall conduct a statistically valid household pesticide use 21 survey to acquire data that would complement information received under (c) of this 22 section. 23 (e) A licensed custom, commercial, or contract pesticide applicator shall retain 24 the records upon which the information submitted under (c) of this section is based for 25 three years after submitting the report to the department. 26 (f) In addition to other civil or criminal penalties that may be applicable, the 27 department may impose a civil penalty on a licensed custom, commercial, or contract 28 pesticide applicator who fails to comply with a reporting requirement established 29 under this section. The penalty may be up to $1,000 for the first failure to comply and 30 up to $2,000 for a second or subsequent failure to comply. 31 Sec. 46.03.340. Availability of information to the public. (a) The data in
01 the tracking system developed under AS 46.03.335 shall be made accessible by the 02 department to the general public through the Internet and shall be available from the 03 department on disk and in printed format upon request. The department shall 04 aggregate the data released under this section so that the anonymity of specific 05 pesticide applicators and their clients is protected. The database shall be made 06 accessible in a way that reasonably provides the public with understandable and useful 07 information about the use of pesticides at local, regional, and state levels. The 08 department shall ensure that pesticide use information in the database is accessible to 09 researchers, pesticide users, workers, government agencies, and the public in a timely 10 and user-friendly manner. 11 (b) On or before June 30 of each year, the department shall publish an annual 12 report, available to the public, that includes 13 (1) a detailed summary of the information reported to the department 14 under AS 46.03.335; 15 (2) an analysis of the data, including known reasons for any increases 16 or decreases in pesticide use over time and within categories such as pesticide type, 17 applicator type, and hydrological unit; and 18 (3) a description of the improvements made in the database or data 19 collection process during the fiscal year that have made the information in the 20 database more accessible to the public or have integrated the database with other 21 information or databases maintained by the department. 22 Sec. 46.03.345. Pesticide Advisory Board. (a) There is established a 23 Pesticide Advisory Board consisting of seven members appointed by the governor as 24 follows: 25 (1) one member who is a pesticide applicator or pesticide dealer who is 26 required to be licensed by the department; 27 (2) one member who is not employed by or the agent of a licensed 28 pesticide applicator or pesticide dealer and who has demonstrable expertise in fisheries 29 biology or fish toxicology; 30 (3) one member who is not employed by or the agent of a licensed 31 pesticide applicator or pesticide dealer and who has demonstrable expertise in wildlife
01 biology or wildlife toxicology; 02 (4) one member who is employed by or is an agent of a public water 03 supplier; 04 (5) one member who is an agent or specialist with the cooperative 05 extension service, University of Alaska; 06 (6) one member who is not employed by or the agent of a licensed 07 pesticide applicator or pesticide dealer and who has some expertise in public health 08 issues, particularly children's health issues; and 09 (7) one public member. 10 (b) The Pesticide Advisory Board shall 11 (1) advise the department on the development and implementation of 12 the pesticide use tracking system required under AS 46.03.335, including advice on 13 ways to make it as easy as practicable for persons to comply with the reporting 14 requirements of AS 46.03.335; 15 (2) develop a household survey to be used by the department to gather 16 information related to household use of pesticides, especially the location of intended 17 use, purpose, and amounts; 18 (3) recommend to the department methods for increasing public 19 awareness of less toxic alternatives to pesticides; 20 (4) solicit public input on, and recommend to the department, ways to 21 improve the reporting and enforcement process and on ways to improve the 22 accessibility and utility of the data generated by the tracking system; 23 (5) recommend to the department ways to address the problem of 24 persistent organic pollutants in the state; and 25 (6) recommend to all state agencies and the University of Alaska ways 26 in which they could modify their practices with regard to pest control so that 27 prevention of pest populations is emphasized through structural and procedural 28 modifications that reduce the potential habitat of pests, pesticides will be used as a last 29 resort, the least hazardous pesticide will be used when pesticide use is needed, and 30 pesticide use will be targeted to areas that are not accessible to people, especially 31 children.
01 (c) If there is a vacancy on the board, the governor shall make an appointment 02 to become immediately effective. A member serves at the pleasure of the governor. 03 (d) The Pesticide Advisory Board shall select one of its members as chair and 04 another as vice-chair for the terms and with the duties and powers considered 05 necessary by the board for the performance of the functions of the Pesticide Advisory 06 Board. 07 (e) A majority of the members of the Pesticide Advisory Board constitutes a 08 quorum for the transaction of business. The Pesticide Advisory Board shall meet at a 09 place and time determined by the board. The board may also meet at other times and 10 places specified by the call of the chair or of a majority of the members of the board. 11 (f) Notwithstanding AS 39.20.180, a member of the Pesticide Advisory Board 12 is not entitled to reimbursement of transportation expenses and payment of per diem 13 allowances. 14 Sec. 46.03.350. Technical assistance. (a) In order to develop and implement 15 the pesticide use tracking system required under AS 46.03.335, the department and the 16 Pesticide Advisory Board may request technical assistance from a public or private 17 agency with expertise in the subject matter. 18 (b) The department may develop a program to provide technical assistance to 19 pesticide applicators who are required to report under AS 46.03.335. The department 20 may develop and provide computer software to licensed pesticide applicators to 21 facilitate reporting for the tracking system. 22 Sec. 46.03.355. Department's use of the tracking system. The department 23 shall use the pesticide use database developed under AS 46.03.335 in carrying out the 24 department's responsibilities for the protection of water quality, other environmental 25 protection, worker health and safety programs, public health protection programs, 26 pesticide-related illness surveillance programs, risk assessments, and pest management 27 research and control programs. The department shall cooperate with and advise other 28 state agencies concerning their programs that may be affected by the use of pesticides. 29 * Sec. 7. AS 46.03.335(b) is amended to read: 30 (b) The department may establish regulations for the submission and 31 dissemination of accurate data for the tracking system, including regulations
01 (1) for data submission timing, which may differ for different 02 categories of pesticide applicators; 03 (2) regarding which pesticides are subject to the reporting 04 requirements of this section, based in part on the frequency of pesticide application; 05 [IN ADOPTING REGULATIONS UNDER THIS PARAGRAPH, THE 06 DEPARTMENT SHALL SEEK AND CONSIDER ADVICE FROM THE 07 PESTICIDE ADVISORY BOARD;] the department may not include sanitizers or 08 disinfectants within the reporting requirements of this section; and 09 (3) regarding how location information is to be submitted and reported, 10 which may differ for different categories of pesticide applicators; the department shall 11 require at least enough specificity about the location of pesticide applications so that 12 aggregation of the data into hydrological units, as defined by the United States 13 Geological Survey, is enabled. 14 * Sec. 8. AS 46.03.350(a) is amended to read: 15 (a) In order to develop and implement the pesticide use tracking system 16 required under AS 46.03.335, the department [AND THE PESTICIDE ADVISORY 17 BOARD] may request technical assistance from a public or private agency with 18 expertise in the subject matter. 19 * Sec. 9. AS 46.03.345 is repealed. 20 * Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 REGULATIONS. The Department of Environmental Conservation may proceed to 23 develop and adopt regulations to implement this Act. The regulations take effect under 24 AS 44.62 (Administrative Procedure Act), but not before January 1, 2005. 25 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 26 read: 27 REPORT. The Pesticide Advisory Board shall submit a report to the governor by 28 January 1, 2006, concerning the board's recommendations for action related to its areas of 29 jurisdiction under AS 46.03.345(b), added by sec. 6 of this Act. The board shall notify the 30 legislature that the report is available. 31 * Sec. 12. Except as provided in secs. 13 and 14 of this Act, this Act takes effect January 1,
01 2005. 02 * Sec. 13. Sections 7 - 9 of this Act take effect June 30, 2008. 03 * Sec. 14. Section 10 of this Act takes effect immediately under AS 01.10.070(c).