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SB 233: "An Act allowing aerial application of pesticides and broadcast chemicals only when necessary to protect public health; and providing for an effective date."

00                             SENATE BILL NO. 233                                                                         
01 "An Act allowing aerial application of pesticides and broadcast chemicals only when                                     
02 necessary to protect public health; and providing for an effective date."                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 46.03.320 is amended by adding a new subsection to read:                                          
05            (c)  The department may not authorize a person or government entity to direct,                               
06       conduct, participate in, or allow the use of a pesticide or broadcast chemical through                            
07       application by aircraft or helicopter unless the department determines that the                                   
08       application of the pesticide or broadcast chemical through one or both of those means                             
09       is necessary to protect public health and the commissioner of health and social                                   
10       services concurs in that determination.                                                                           
11    * Sec. 2.  AS 46.03.730 is amended to read:                                                                        
12            Sec. 46.03.730.  Pesticides.  A person may not spray or apply, or cause to be                              
13       sprayed or applied dichloro-diphenyl-trichloro-ethane (DDT), dieldrin, or other                                   
14       pesticide or broadcast chemical in a manner that may cause damage to or endanger the                              
01       health, welfare, or property of another person, or in a manner that is likely to pollute                          
02       the air, soil, or water of the state without prior authorization of the department.  The                      
03       department may not authorize a person or government entity to direct, conduct,                                
04       participate in, or allow the use of a pesticide or broadcast chemical through                                 
05       application by aircraft or helicopter unless the department determines that the                               
06       application of the pesticide or broadcast chemical through one or both of those                               
07       means is necessary to protect public health and the commissioner of health and                                
08       social services concurs in that determination.                                                                
09    * Sec. 3.  This Act takes effect immediately under AS 01.10.070(c).