CSHB 19(RES): "An Act relating to pesticides and broadcast chemicals; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 19(RES) 01 "An Act relating to pesticides and broadcast chemicals; and providing for an effective 02 date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 37.05.146(c) is amended by adding a new paragraph to read: 05 (78) receipts of the Department of Environmental Conservation from 06 the registration of pesticides and broadcast chemicals and the licensing of pesticide 07 applicators under AS 44.46.025. 08 * Sec. 2. AS 37.10.058(2) is amended to read: 09 (2) "designated regulatory service" means a regulatory service 10 provided under the following regulatory programs: 11 (A) control of solid waste facilities under AS 46.03.020(10)(D) 12 and (E); 13 (B) regulation of the disposal of waste into waters of the state 14 under AS 46.03.100;
01 (C) certification of federal permits or authorizations under 33 02 U.S.C. 1341 (sec. 401, Clean Water Act); 03 (D) a coastal management consistency determination relating to 04 a permit or authorization issued under a program listed in (A) - (C) of this 05 paragraph, if the determination is made by the agency issuing the permit or 06 authorization; 07 (E) any authorization for the use or appropriation of water 08 under AS 46.15; [AND] 09 (F) administration of emission control permits for the air 10 quality control program under AS 46.14; and 11 (G) regulation of pesticides and broadcast chemicals 12 registered under AS 46.03.320(a)(4). 13 * Sec. 3. AS 44.46.025(a) is amended to read: 14 (a) Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department 15 of Environmental Conservation may adopt regulations that prescribe reasonable fees, 16 and establish procedures for the collection of those fees, to cover the applicable direct 17 costs, not including travel except in the case of a designated regulatory service, as that 18 term is defined in AS 37.10.058, of inspections, permit preparation and administration, 19 plan review and approval, and other services provided by the department relating to 20 (1) agriculture and animals under AS 03.05; food, drugs, and 21 cosmetics under AS 17.20; and public accommodations and facilities under AS 18.35; 22 (2) certificates of inspection for motor vehicles under AS 46.14.400 or 23 46.14.510; 24 (3) drinking water systems under AS 46.03.720; 25 (4) water and wastewater operator training under AS 46.30; 26 (5) waste management and disposal authorizations under 27 AS 46.03.100; 28 (6) certification of laboratories conducting environmental analyses of 29 public drinking water systems or of oil or hazardous substances, or conducting other 30 analyses required by the department; 31 (7) certification of federal permits or authorizations under 33 U.S.C.
01 1341 (sec. 401, Clean Water Act); 02 (8) regulation of point source discharges of pollutants associated with 03 timber-related activities under the program authorized by AS 46.03.020(12); 04 (9) regulation of pesticides and broadcast chemicals registered 05 under AS 46.03.320(a)(4), with a reasonable fee not to exceed $120; 06 (10) licensing of pesticide applicators under AS 46.03.320(b), with 07 a reasonable fee not to exceed $25. 08 * Sec. 4. AS 46.03.320(a) is amended to read: 09 (a) The department may 10 (1) regulate the transportation, testing, inspection, packaging, labeling, 11 handling, and advertising of pesticides and broadcast chemicals offered for sale [,] or 12 placed in commerce for use in the state; 13 (2) regulate and supervise the distribution, application, or use of 14 pesticides and broadcast chemicals in any state project or program [,] or by a public 15 agency under the jurisdiction of the state; 16 (3) regulate or prohibit the use of pesticides and broadcast chemicals; 17 (4) register pesticides and broadcast chemicals for sale or 18 distribution. 19 * Sec. 5. AS 46.03.320(b) is amended to read: 20 (b) The department may provide by regulation for the licensing of or 21 temporary license waiver for private applicators of restricted-use pesticides; [AND] 22 for persons engaged in the custom, commercial, or contract spraying or application of 23 pesticides and broadcast chemicals, and for other persons engaged in the spraying 24 or application of pesticides and broadcast chemicals in public places. A person 25 engaged in the custom, commercial, or contract spraying or application of pesticides 26 and broadcast chemicals may, by regulation, be required to secure a surety bond or 27 liability insurance. 28 * Sec. 6. AS 46.03.320 is amended by adding a new subsection to read: 29 (c) A person may not apply a pesticide or broadcast chemical in a public place 30 unless licensed by the department or otherwise authorized under a regulation of the 31 department. The department shall by regulation provide for reasonable public
01 notification, including written notice posted on the application site, when pesticides 02 and broadcast chemicals are applied in a public place. In this subsection, "public 03 place" means (A) that portion of a public accommodation to which access is not 04 ordinarily restricted to employees or residents; (B) common areas of an apartment 05 building or other multifamily dwelling; (C) that portion of a government office or 06 facility to which access is not ordinarily restricted to employees; and (D) outdoor areas 07 that the general public may frequent, including plazas, parks, parking lots, and public 08 sports fields. In this subsection, "public place" does not include a restaurant, hotel, or 09 motel. 10 * Sec. 7. This Act takes effect January 1, 2006.