SB 281: "An Act relating to pest management and the procurement, use, and storage of pesticides and hazardous substances at elementary and secondary schools; and providing for an effective date."
00 SENATE BILL NO. 281 01 "An Act relating to pest management and the procurement, use, and storage of 02 pesticides and hazardous substances at elementary and secondary schools; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 06 to read: 07 SHORT TITLE. This Act may be known as the Alaska Healthy Schools Act. 08 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that 11 (1) children are especially vulnerable to the ill effects of pesticides and 12 hazardous substances, because their bodies and brains are still developing; 13 (2) scientific studies have linked asthma, cancer, birth defects, nervous system 14 disorders, reproductive problems, endocrine disruption, neurological problems, learning
01 disorders, and immune deficiency to exposure to pesticides; 02 (3) children and school staff spend a significant part of their time in school 03 buildings and may be exposed to a variety of products containing hazardous substances that 04 have been linked to adverse health outcomes, including maintenance products, art supplies, 05 playground equipment, and materials used in school construction; 06 (4) health threats resulting from children's exposure to pesticides and 07 hazardous substances may result in increased costs to schools, school districts, and the state, 08 in terms of staff time and effort, cleanup costs, school closings, and student absenteeism; 09 (5) many new alternatives to pesticides and products currently used in schools 10 containing hazardous substances are available that are the same in form, function, and utility 11 but do not contain or contain lower concentrations of potentially harmful chemicals; 12 (6) school districts and public and private elementary and secondary schools 13 should be informed of and required to use environmentally sensitive, nonchemical alternatives 14 to pesticides and nontoxic products. 15 (b) It is the intent of the legislature to 16 (1) prevent unnecessary exposure of children attending, and staff employed at, 17 school facilities to pesticides and hazardous substances; 18 (2) provide the healthiest possible school facilities; 19 (3) promote the use of safe, nonchemical alternatives for pest prevention and 20 control before the use of pesticides as a last resort; 21 (4) provide notification to parents of students when students may be exposed 22 to pesticides or hazardous substances at school. 23 * Sec. 3. AS 14.33 is amended by adding new sections to read: 24 Article 5. Pest Management in Schools. 25 Sec. 14.33.300. Integrated pest management. (a) The governing body of a 26 school district and the person in charge of a private elementary or secondary school 27 shall, in cooperation with the Department of Environmental Conservation, adopt an 28 integrated pest management plan for the schools of the school district or the private 29 elementary or secondary school that complies with guidelines developed and adopted 30 under AS 46.03.335(b). 31 (b) In addition to adopting an integrated pest management plan under (a) of
01 this section, the governing body of a school district and the person in charge of a 02 private elementary or secondary school shall 03 (1) designate at least one integrated pest management plan coordinator 04 under AS 14.33.305; 05 (2) identify a coordinator's responsibilities; 06 (3) provide a process for responding to inquiries and complaints 07 relating to the school district's or private elementary or secondary school's integrated 08 pest management plan; 09 (4) conduct public outreach relating to the integrated pest management 10 plan; 11 (5) make available to the public and provide to the Department of 12 Environmental Conservation the annual report required under AS 14.33.320(c); and 13 (6) make the school district's or private elementary or secondary 14 school's integrated pest management plan available to the public on the Internet and at 15 a convenient facility of the school district or private elementary or secondary school. 16 Sec. 14.33.305. Integrated pest management plan coordinator. (a) The 17 governing body of a school district, the superintendent of the school district, or the 18 person in charge of a private elementary or secondary school shall designate at least 19 one employee of the school district or the private elementary or secondary school as 20 an integrated pest management plan coordinator for the school district or private 21 elementary or secondary school. 22 (b) A person designated as an integrated pest management plan coordinator 23 shall 24 (1) provide notice and post warnings relating to pesticide use under 25 AS 14.33.315; 26 (2) oversee pest management measures in the school district or private 27 elementary or secondary school; 28 (3) ensure that pest management measures comply with AS 14.33.300 29 - 14.33.349 and AS 46.03.335; 30 (4) evaluate the results of pest management practices; and 31 (5) keep records required by AS 14.33.320.
01 (c) If an integrated pest management plan coordinator declares a pest 02 emergency under AS 14.33.310(c), the coordinator shall review the integrated pest 03 management plan adopted by the governing body of the school district or the person in 04 charge of a private elementary or secondary school to determine whether the plan 05 should be modified to prevent future pest emergencies. The coordinator shall submit 06 any recommendations for modification of the integrated pest management plan to the 07 governing body of the school district or the person in charge of the private elementary 08 or secondary school. 09 (d) An integrated pest management plan coordinator shall complete at least six 10 hours of continuing education annually relating to pest management that includes a 11 review of 12 (1) the integrated pest management plan adopted by the school district 13 or private elementary or secondary school under AS 14.33.300; and 14 (2) health and safety concerns related to the use and storage of 15 pesticides. 16 Sec. 14.33.310. Use of pesticides at schools. (a) A pesticide that does not meet 17 the guidelines established by the Department of Environmental Conservation under 18 AS 46.03.335(b) may not be used or stored in or on the grounds of a public or private 19 elementary or secondary school. 20 (b) A pesticide allowed under the guidelines adopted by the Department of 21 Environmental Conservation under AS 46.03.335 may be used or stored in or on the 22 grounds of a school only if the use of the pesticide is authorized by the integrated pest 23 management plan coordinator, and 24 (1) reasonable, safe, alternative, nonchemical measures for eliminating 25 or mitigating a pest, such as sanitation, structural remediation, habitat manipulation, 26 mechanical modifications, and biological measures, have been used and have failed; or 27 (2) a pest emergency has been declared under (c) of this section. 28 (c) An integrated pest management plan coordinator may declare a pest 29 emergency if the coordinator determines the use of a pesticide is necessary to 30 eliminate or mitigate a pest situation that presents a danger to human health or school 31 property.
01 (d) A person who uses or stores a pesticide at a public or private elementary or 02 secondary school must be licensed to use or store pesticides or have received a 03 temporary waiver under AS 46.03.320(b). 04 (e) If the labeling of a pesticide product specifies a reentry time, the pesticide 05 product may not be used in an area where a person may be present before the specified 06 reentry time. If no reentry time is specified for a pesticide product, an integrated pest 07 management plan coordinator shall determine when the area where the pesticide was 08 used may be reentered. 09 Sec. 14.33.315. Notification of pesticide use. (a) Except as provided under (c) 10 of this section, not less than 48 hours before a pesticide is used at a public or private 11 elementary or secondary school, an integrated pest management plan coordinator for 12 the school district or private elementary or secondary school shall notify students, 13 parents of students, and school staff of the pesticide use by 14 (1) posting notices, as described in (b) of this section; and 15 (2) providing written notice to parents of students that includes the 16 information required by (b)(3)(A) - (G) of this section. 17 (b) A notice required by (a)(1) of this section must 18 (1) be at least 8 1/2 inches by 11 inches; 19 (2) be conspicuously posted at 20 (A) an outdoor treatment site and in highly visible locations 21 along the perimeter of the application area; or 22 (B) an indoor treatment site, at each entry point in or around 23 the application area; 24 (3) include the following information: 25 (A) a header containing the United States Environmental 26 Protection Agency signal word that indicates toxicity level from the pesticide 27 label next to the phrase "pesticide application"; 28 (B) the brand name and active ingredients, the name of the 29 manufacturer, and the United States Environmental Protection Agency 30 registration number of each pesticide being applied; 31 (C) the name of the school and a description of the specific area
01 of application of each pesticide; 02 (D) the name and telephone number of the person responsible 03 for applying each pesticide and the person's pesticide applicator license 04 number or proof of the person's temporary license waiver provided by the 05 Department of Environmental Conservation under AS 46.03.320; 06 (E) the date, time, and duration of each pesticide application 07 and any alternative dates in case of inclement weather; 08 (F) the telephone number of the pesticide manufacturer; 09 (G) the rate, concentration, and method of application; 10 (H) a prominently placed statement that includes the words 11 "WARNING: PESTICIDE-TREATED AREA." 12 (c) If an integrated pest management plan coordinator for the school district or 13 private elementary or secondary school determines that a pest emergency declared 14 under AS 14.33.310(c) makes it impractical to provide notice of pesticide use at least 15 48 hours before the pesticide use occurs, the coordinator shall provide notice of the 16 pesticide use, in the manner provided under (a) of this section, not later than 24 hours 17 after the pesticide use. 18 Sec. 14.33.320. Record keeping. (a) The governing body of a school district 19 and the person in charge of a private elementary or secondary school shall maintain a 20 written or electronic record of all pesticide use in or on the grounds of a school for not 21 less than 10 years. A copy of the record shall be made available to the public on 22 request. 23 (b) The record of pesticide use in or on the grounds of a public or private 24 elementary or secondary school must include, for each pesticide application, 25 (1) the purpose or pest condition that necessitated the pesticide use; 26 (2) the date and time of the pesticide use; 27 (3) a description of the specific area of application of each pesticide; 28 (4) the brand name and active ingredients, the name of the 29 manufacturer, and the United States Environmental Protection Agency registration 30 number of each pesticide; 31 (5) the quantity of each pesticide used and the method of application;
01 (6) the least toxic and nonchemical alternative methods or treatments 02 available for control of the pest and the reason for using each selected pesticide; 03 (7) a copy of the label and material safety data sheet for each pesticide; 04 and 05 (8) the name of the person that applied each pesticide and the person's 06 pesticide applicator license number or proof of the person's temporary license waiver 07 provided by the Department of Environmental Conservation under AS 46.03.320. 08 (c) The governing body of a school district and the person in charge of a 09 private elementary or secondary school shall provide to the Department of 10 Environmental Conservation an annual report. The governing body of a school district 11 and the person in charge of a private elementary or secondary school shall also 12 provide a copy of the school district's or private school's report to the public on 13 request. The annual report must include 14 (1) the quantity of each pesticide used in or on the grounds of a school; 15 (2) the target pest for each pesticide used; 16 (3) the cost of pest management to the school district or the private 17 elementary or secondary school during the previous year; 18 (4) the number, if any, of emergency pesticide applications made under 19 AS 14.33.310(c) by a school district or private elementary or secondary school during 20 the year; 21 (5) the nonchemical pest prevention and control measures used; and 22 (6) a pest management plan for the following year. 23 Sec. 14.33.349. Definitions. In AS 14.33.300 - 14.33.349, 24 (1) "parents of students" means biological, adoptive, or foster parents, 25 or adults who act as guardians of students and make decisions related to students' 26 safety, education, and welfare; 27 (2) "pest" means a living organism or infectious, transmissible, or 28 contagious disease of plants that is or may become dangerous or detrimental to 29 humans, property, or the environment; 30 (3) "pesticide" has the meaning given in AS 46.03.900; 31 (4) "private elementary or secondary school" means an elementary or
01 secondary school that does not receive direct state or federal funding; 02 (5) "school district" means a borough school district, a city school 03 district, a regional educational attendance area, or a state boarding school. 04 Article 6. Hazardous Substances in Schools. 05 Sec. 14.33.350. Hazardous substances in schools. (a) The governing body of 06 a school district and the person in charge of a private elementary or secondary school, 07 in cooperation with the Department of Environmental Conservation, shall 08 (1) adopt a plan to minimize or eliminate the use and presence of 09 hazardous substances and products containing hazardous substances in or on the 10 grounds of a school district or private elementary or secondary school; the plan must 11 (A) comply with the guidelines developed and adopted under 12 AS 46.03.335; 13 (B) include a timetable for the minimization or elimination of 14 hazardous substances and products containing hazardous substances in or on 15 the grounds of a school; and 16 (C) be made available to the public on the Internet and at a 17 convenient facility of the school district or private elementary or secondary 18 school; 19 (2) prepare and make conveniently available to the public written 20 reports of any sampling, evaluation, and remediation measures relating to hazardous 21 substances or products containing hazardous substances; 22 (3) provide a process for responding to inquires and complaints 23 relating to the use or presence of hazardous substances or products containing 24 hazardous substances in or on the grounds of a school. 25 (b) The governing body of a school district, the superintendent of the school 26 district, or the person in charge of a private elementary or secondary school shall 27 designate at least one employee of the school district or private elementary or 28 secondary school as a hazardous substances plan coordinator for the school district or 29 private elementary or secondary school. 30 (c) Not less than 48 hours before an activity in or on the grounds of a school 31 that a hazardous substances plan coordinator for a school district or private elementary
01 or secondary school designated under (b) of this section, using competent and 02 scientifically sound data and information, determines may expose students, parents of 03 students, or school staff to hazardous substances, the hazardous substances 04 information coordinator shall notify students, parents of students, and school staff of 05 the activity by 06 (1) posting notices as described in (d) of this section; and 07 (2) providing written notice to parents of students that includes the 08 information required by (d)(2)(A) - (D) of this section. 09 (d) The notice required by (c)(1) of this section must 10 (1) be conspicuously posted at 11 (A) an outdoor treatment site and in highly visible locations 12 along the perimeter of an affected area; or 13 (B) an indoor treatment site at each entry point in or around the 14 area of potential exposure; 15 (2) include the following information: 16 (A) the name of the school and address of the affected 17 premises; 18 (B) the name of the hazardous substance or substances; 19 (C) the name, address, and telephone number of a hazardous 20 substances plan coordinator designated under (b) of this section to address 21 inquires or complaints relating to the use or presence of hazardous substances 22 or products containing hazardous substances in or on the grounds of a school; 23 (D) the date and duration of the proposed activity; and 24 (E) a prominently placed statement that includes the words 25 "WARNING: POTENTIAL HAZARDOUS SUBSTANCE EXPOSURE 26 AREA." 27 (e) A person designated as a hazardous substances plan coordinator for a 28 school district or private elementary or secondary school under (b) of this section shall 29 (1) annually, within 90 days after the beginning of the school year, as 30 defined under AS 14.25.220, advise students, parents of students, and school staff that 31 information relating to hazardous substances or products containing hazardous
01 substances and pertinent to the school district or private elementary or secondary 02 school is available on request; 03 (2) annually inventory all hazardous substances and products 04 containing hazardous substances used or present in the facilities of the school district 05 or private elementary or secondary school and make the inventory available to 06 students, parents of students, and school staff; 07 (3) provide a process for responding to inquires and complaints 08 relating to activities at the school district or school that may expose students, parents 09 of students, or school staff to hazardous substances or products containing hazardous 10 substances; and 11 (4) conduct public outreach relating to the school district's or private 12 elementary or secondary school's hazardous substances plan developed under this 13 section. 14 (f) Products for use in schools by school districts and private elementary and 15 secondary schools shall be procured in accordance with the list of products developed 16 by the Department of Environmental Conservation under AS 46.03.350(d) using the 17 guidelines developed under AS 46.03.350(b). 18 (g) In this section, 19 (1) "hazardous substance" means a substance defined as a hazardous 20 substance under 15 U.S.C. 1261, as amended; 21 (2) "parents of students" means biological, adoptive, or foster parents, 22 or adults who act as guardians of students and make decisions related to students' 23 safety, education, and welfare; 24 (3) "product" means a product, material, supply, article, or commodity 25 that school students or staff may be exposed to, including materials used in school 26 construction, electronics, playground equipment, cleaning products, and art supplies. 27 * Sec. 4. AS 14.45.100 is amended to read: 28 Sec. 14.45.100. Exemption. A religious or other private school that complies 29 with AS 14.45.100 - 14.45.130 is exempt from other provisions of law and regulations 30 relating to education, except law and regulations relating to physical health, fire safety, 31 sanitation, immunization, pesticides, hazardous substances, and physical
01 examinations. 02 * Sec. 5. AS 46.03.330(a) is amended to read: 03 (a) An officer, agent, or employee of the state, [OR] of a borough or city of 04 any class, of a school district, of a regional educational attendance area, or of a 05 private elementary or secondary school may not direct, carry out, or participate in 06 the spraying or application of a pesticide or broadcast chemical in any program or 07 project involving funds, materials, or equipment of the state, borough, [OR] city, 08 school district, regional educational attendance area, or private elementary or 09 secondary school, except in accordance with regulations adopted by the department 10 under AS 46.03.320 and 46.03.335. 11 * Sec. 6. AS 46.03 is amended by adding a new section to article 5 to read: 12 Sec. 46.03.335. Regulation of pesticides at schools and oversight of school 13 integrated pest management plans. (a) The department, in consultation with the 14 Department of Education and Early Development, shall develop and adopt regulations 15 relating to the 16 (1) use, storage, and handling of, and record keeping related to, 17 pesticides in and on the grounds of a school district or private elementary or secondary 18 school; 19 (2) implementation, administration, adequacy, and enforcement of 20 integrated pest management plans adopted by school districts and private elementary 21 or secondary schools under AS 14.33.300; and 22 (3) use of nonchemical measures as alternatives to pesticides by a 23 school district or private elementary or secondary school. 24 (b) In developing and adopting regulations under (a) of this section, the 25 department shall include guidelines that 26 (1) allow the use of a pesticide to eliminate or mitigate a specific pest 27 only if the department determines that the pesticide is the effective pesticide in 28 eliminating or mitigating the specific pest that is least likely to adversely affect human 29 health; 30 (2) prohibit the use of a pesticide for aesthetic or nuisance abatement 31 purposes;
01 (3) prohibit the application of pesticides on a routine schedule for 02 preventive purposes; 03 (4) prohibit the use of a pesticide that has been linked to acute or 04 chronic health effects, including cancer, hormone disruption, reproductive system 05 damage, immune dysfunction, or nervous system toxicity; 06 (5) require regular monitoring and inspections to detect pests, pest 07 damage, and unauthorized pesticide use and to evaluate the effectiveness of pest 08 control measures; 09 (6) identify acceptable density levels of pest populations; 10 (7) require education of school staff regarding sanitation, pest 11 monitoring, and pest control; 12 (8) require pest management and prevention strategies that result in 13 (A) the least risk to human health among available strategies; 14 (B) the least damage to the school and the surrounding natural 15 environment; 16 (C) the least disruption to natural controls; 17 (D) the fewest negative effects on nontarget organisms; 18 (E) long-term reductions in pest control needs; and 19 (F) the use of the smallest amount of the least toxic formulation 20 with the least potential for human exposure. 21 (c) The department shall create a list of pesticides and alternative nonchemical 22 measures approved under this section. The department shall provide the list of 23 approved pesticides and alternative nonchemical measures to all school districts and 24 private elementary or secondary schools. 25 (d) When evaluating and approving pesticides for use in schools under this 26 section, the commissioner shall review relevant research conducted by the United 27 States Environmental Protection Agency, the Agency for Toxic Substances and 28 Disease Registry in the United States Department of Health and Human Services, and 29 the Office of the Federal Environmental Executive. 30 (e) A pesticide approved by the department under this section may only be 31 used by a school district or private elementary or secondary school if a pest emergency
01 is declared by the integrated pest management plan coordinator for that school district 02 or private elementary or secondary school under AS 14.33.310(c). 03 (f) The department shall review the annual report submitted by each school 04 district and private elementary and secondary school under AS 14.33.320 to ascertain 05 compliance with this section or a regulation adopted under this section. 06 (g) In this section, 07 (1) "pest" has the meaning given in AS 14.33.349; 08 (2) "private elementary or secondary school" has the meaning given in 09 AS 14.33.349; 10 (3) "school district" has the meaning given in AS 14.33.349. 11 * Sec. 7. AS 46.03 is amended by adding a new section to read: 12 Article 5A. Hazardous Substances in Schools. 13 Sec. 46.03.350. Regulation of hazardous substances at schools and 14 oversight of school hazardous substance plans. (a) The department, in consultation 15 with the Department of Education and Early Development, shall develop and adopt 16 regulations for the minimization or elimination of hazardous substances and products 17 containing hazardous substances in or on the grounds of a school district or private 18 elementary or secondary school. 19 (b) In developing and adopting regulations under (a) of this section, the 20 department shall 21 (1) identify hazardous substances and products that contain hazardous 22 substances used in schools; and 23 (2) adopt guidelines for the procurement and use of alternatives and 24 alternative products by school districts and private elementary and secondary schools. 25 (c) When developing guidelines under (b) of this section, the department shall 26 review relevant research conducted by the United States Environmental Protection 27 Agency, the Agency for Toxic Substances and Disease Registry in the United States 28 Department of Health and Human Services, the Office of the Federal Environmental 29 Executive, and the United States Consumer Product Safety Commission. 30 (d) In addition to the regulations and guidelines developed under this section, 31 the department shall provide to school districts and private elementary and secondary
01 schools a list of products that meet the guidelines developed under (b) of this section. 02 (e) The department shall provide the guidelines developed under (b) of this 03 section and the list of products adopted under (d) of this section to all school districts 04 and private elementary and secondary schools. 05 (f) In this section, 06 (1) "hazardous substance" has the meaning given in AS 14.33.350; 07 (2) "private elementary or secondary school" has the meaning given in 08 AS 14.33.349; 09 (3) "product" has the meaning given in AS 14.33.350; 10 (4) "school district" has the meaning given in AS 14.33.349. 11 * Sec. 8. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 TRANSITION: REGULATIONS. The Department of Education and Early 14 Development and the Department of Environmental Conservation may adopt regulations 15 necessary to implement this Act. The regulations take effect under AS 44.62 (Administrative 16 Procedure Act), but not before July 1, 2010. 17 * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). 18 * Sec. 10. Except as provided in sec. 9 of this Act, this Act takes effect July 1, 2010.