HB 195: "An Act relating to the regulation and use of pesticides and broadcast chemicals."
00 HOUSE BILL NO. 195 01 "An Act relating to the regulation and use of pesticides and broadcast chemicals." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 37.10.058(2) is amended to read: 04 (2) "designated regulatory service" means a regulatory service 05 provided under the following regulatory programs: 06 (A) control of solid waste facilities under AS 46.03.020(10)(D) 07 and (E); 08 (B) regulation of the disposal of waste into waters of the state 09 under AS 46.03.100; 10 (C) certification of federal permits or authorizations under 33 11 U.S.C. 1341 (sec. 401, Clean Water Act); 12 (D) a coastal management consistency determination relating to 13 a permit or authorization issued under a program listed in (A) - (C) of this 14 paragraph, if the determination is made by the agency issuing the permit or
01 authorization; 02 (E) any authorization for the use or appropriation of water 03 under AS 46.15; 04 (F) administration of emission control permits for the air 05 quality control program under AS 46.14; and 06 (G) regulation of pesticides and broadcast chemicals registered 07 under AS 46.03.320(a)(3) [AS 46.03.320(a)(4)]. 08 * Sec. 2. AS 44.46.025(a) is amended to read: 09 (a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department 10 of Environmental Conservation may adopt regulations that prescribe reasonable fees, 11 and establish procedures for the collection of those fees, to cover the applicable direct 12 costs, not including travel except in the case of a designated regulatory service, as that 13 term is defined in AS 37.10.058, of inspections, permit preparation and administration, 14 plan review and approval, and other services provided by the department relating to 15 (1) animals and animal products under AS 03.05; food, drugs, and 16 cosmetics under AS 17.20; and public accommodations and facilities under AS 18.35; 17 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 18 46.14.510; 19 (3) drinking water systems under AS 46.03.720; 20 (4) water and wastewater operator training under AS 46.30; 21 (5) waste management and disposal authorizations under 22 AS 46.03.100; 23 (6) certification of laboratories conducting environmental analyses of 24 public drinking water systems or of oil or hazardous substances, or conducting other 25 analyses required by the department; 26 (7) certification of federal permits or authorizations under 33 U.S.C. 27 1341 (sec. 401, Clean Water Act); 28 (8) regulation of point source discharges of pollutants under the 29 program authorized by AS 46.03.020(12); 30 (9) regulation of pesticides and broadcast chemicals registered under 31 AS 46.03.320(a)(3) [AS 46.03.320(a)(4)], with a reasonable fee not to exceed $120;
01 (10) licensing of pesticide applicators under AS 46.03.320(b), with a 02 reasonable fee not to exceed $25. 03 * Sec. 3. AS 46.03.320(a) is amended to read: 04 (a) The department may 05 (1) regulate the transportation, testing, inspection, packaging, labeling, 06 handling, and advertising of pesticides and broadcast chemicals offered for sale or 07 placed in commerce for use in the state; 08 (2) [REGULATE AND SUPERVISE THE DISTRIBUTION, 09 APPLICATION, OR USE OF PESTICIDES AND BROADCAST CHEMICALS IN 10 ANY STATE PROJECT OR PROGRAM OR BY A PUBLIC AGENCY UNDER 11 THE JURISDICTION OF THE STATE; 12 (3)] regulate or prohibit the use of pesticides and broadcast chemicals; 13 (3) [(4)] register pesticides and broadcast chemicals for sale or 14 distribution. 15 * Sec. 4. AS 46.03.320(c) is amended to read: 16 (c) A person may not apply a pesticide or broadcast chemical in a public place 17 unless licensed by the department or otherwise authorized under a regulation of the 18 department. The department shall by regulation provide for reasonable public 19 notification, including written notice posted on the application site, when pesticides 20 and broadcast chemicals are applied in a public place. In this subsection, "public 21 place" means (1) common areas of an apartment building or other multi-family 22 dwelling; (2) that portion of a government office or facility that is accessible to the 23 general public [TO WHICH ACCESS IS NOT ORDINARILY RESTRICTED TO 24 EMPLOYEES]; and (3) plazas, parks, and public sports fields. 25 * Sec. 5. Section 2, ch. 42, SLA 2005, as reconciled with sec. 3, ch. 31, SLA 2005, is 26 amended to read: 27 Sec. 2. AS 37.10.058(2) is amended to read: 28 (2) "designated regulatory service" means a regulatory service 29 provided under the following regulatory programs: 30 (A) control of solid waste facilities under AS 46.03.020(10)(D) 31 and (E);
01 (B) regulation of the disposal of waste into waters of the state 02 under AS 46.03.100; 03 (C) certification of federal permits or authorizations under 33 04 U.S.C. 1341 (sec. 401, Clean Water Act); 05 (D) any authorization for the use or appropriation of water 06 under AS 46.15; 07 (E) administration of emission control permits for the air 08 quality control program under AS 46.14; and 09 (F) regulation of pesticides and broadcast chemicals registered 10 under AS 46.03.320(a)(3) [AS 46.03.320(a)(4)]. 11 * Sec. 6. AS 46.03.330 is repealed.