00                            HOUSE BILL NO. 201                                                                          
01 "An Act relating to the application of non-aerial pesticides and broadcast chemicals                                    
02 near fish habitat or water for human consumption, and in public places."                                                
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 46.03.320(c) is amended to read:                                                                   
05            (c)  A person may not apply a pesticide or broadcast chemical in a public place                              
06       unless licensed by the department or otherwise authorized under a regulation of the                               
07       department. The department shall by regulation provide for reasonable public                                      
08       notification and time for public comment, including written notice posted on the                              
09       application site, when pesticides and broadcast chemicals are applied in a public place.                          
10       In this subsection, "public place" means                                                                          
11                 (1)  common areas of an apartment building or other multi-family                                        
12       dwelling;                                                                                                         
13                 (2)  that portion of a government office or facility to which access is                                 
14       not ordinarily restricted to employees; [AND]                                                                     

01                 (3)  plazas, parks, and public sports fields; and                                                   
02                 (4)  transportation rights-of-way.                                                                  
03    * Sec. 2. AS 46.03.320 is amended by adding new subsections to read:                                           
04            (e)  A non-aerial pesticide or broadcast chemical may not be applied by a                                    
05       public agency under the jurisdiction of the state or used in a state project or program                           
06       within 150 feet of anadromous or resident fish habitat or within 600 feet of a public or                          
07       private water source that may be used for human consumption unless licensed by the                                
08       department under this subsection. The department may not license the use of a non-                                
09       aerial pesticide or broadcast chemical within 150 feet of anadromous or resident fish                             
10       habitat or within 600 feet of a public or private water source that may be used for                               
11       human consumption unless the public is provided with an opportunity for public                                    
12       comment and unless reasonable public notice is given, including written notice posted                             
13       at the application site, including points of public access, for at least 30 days prior to                         
14       the commencement of the spray operation, and the department finds that the pesticide                              
15       or broadcast chemical use will not harm anadromous or resident fish or an anadromous                              
16       or resident fish habitat and will not harm a public or private water source that may be                           
17       used for human consumption. The required period for public notice or public hearing                               
18       may be shortened if the department determines that there is an imminent danger to                                 
19       public health or an emergency that threatens a natural resource of the state that could                           
20       be prevented or mitigated by the prompt application of a pesticide or broadcast                                   
21       chemical.                                                                                                         
22            (f)  A non-aerial pesticide or broadcast chemical may not be applied in a public                             
23       place without posting a written notice at the application site. The notice must be                                
24       conspicuously posted at each point of customary access to each public place or each                               
25       portion of each public place and must be at least 8 1/2 by 11 inches and be reasonably                            
26       designed to remain legible for the longer of 24 hours after the application or the time                           
27       when entering the application area is safe according to the product label. In this                                
28       subsection, "public place" means                                                                                  
29                 (1)  common areas of an apartment building or other multi-family                                        
30       dwelling;                                                                                                         
31                 (2)  that portion of a government office or facility to which access is                                 

01       not ordinarily restricted to employees;                                                                           
02                 (3)  plazas, parks, and public sports fields; and                                                       
03                 (4)  transportation rights-of-way.