Bill Text: CT HB05330 | 2014 | General Assembly | Introduced

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Bill Title: An Act Concerning The Application Of Pesticides At Parks, Playgrounds, Athletic Fields And Municipal Greens.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2014-03-27 - Motion Failed JFS [HB05330 Detail]

Download: Connecticut-2014-HB05330-Introduced.html

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General Assembly		Raised Bill No. 5330
February Session, 2014		LCO No. 1577
		*01577_______PH_*
Referred to Committee on PUBLIC HEALTH
Introduced by:
(PH)

AN ACT CONCERNING THE APPLICATION OF PESTICIDES AT PARKS, PLAYGROUNDS, ATHLETIC FIELDS AND MUNICIPAL GREENS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2014) (a) As used in this section:

(1) "Pesticide" means a fungicide used on plants, an insecticide, a herbicide or a rodenticide but does not mean a sanitizer, disinfectant, antimicrobial agent or a pesticide bait;

(2) "Microbial pesticide" means a pesticide that consists of a microorganism as the active ingredient;

(3) "Biochemical pesticide" means a naturally-occurring substance that controls pests by nontoxic mechanisms;

(4) "Lawn care pesticide" means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden and ornamental sites or areas except (A) a microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency, or (B) a horticultural soap or oil that is registered with the United States Environmental Protection Agency and does not contain any synthetic pesticide or synergist;

(5) "Certified pesticide applicator" means a pesticide applicator with (A) supervisory certification under section 22a-54 of the general statutes, or (B) operational certification under section 22a-54 of the general statutes, who operates under the direct supervision of a pesticide applicator with said supervisory certification;

(6) "Controlling authority" means the head of the department responsible for the maintenance of a park, playground, athletic field or municipal green, or such person's designee; and

(7) "Athletic field" means a field or open space used for sporting activities but does not include a golf course.

(b) No person other than a certified pesticide applicator shall apply pesticide within any park, playground, athletic field or municipal green, except a person other than a certified pesticide applicator may make an emergency application of pesticide to eliminate an immediate threat to human health, including, but not limited to, for the elimination of mosquitoes, ticks and stinging insects, provided (1) the controlling authority determines such emergency application of pesticide to be necessary, (2) the controlling authority deems it impractical to obtain the services of a certified pesticide applicator, and (3) such emergency application of pesticide does not involve a restricted use pesticide, as defined in section 22a-47 of the general statutes.

(c) No person shall apply a lawn care pesticide on the grounds of any park, playground, athletic field or municipal green, except an emergency application of pesticide may be made to eliminate an immediate threat to human health, including, but not limited to, the elimination of mosquitoes, ticks and stinging insects, provided (1) the controlling authority determines such emergency application of pesticide to be necessary, and (2) such emergency application of pesticide does not involve a restricted use pesticide, as defined in section 22a-47 of the general statutes.

(d) Prior to providing for any application of pesticide on the grounds of any park, playground, athletic field or municipal green, the controlling authority shall, within the existing budgetary resources available to the controlling authority, provide public notice of such application not later than twenty-four hours prior to such application of pesticide. If a controlling authority determines an emergency application of pesticide to be necessary pursuant to subsection (c) of this section, such notice shall be given as soon as practicable. Notice under this subsection shall include (1) the name of the active ingredient of the pesticide being applied, (2) the target pest, (3) the location of the application of pesticide on the grounds of the park, playground, athletic field or municipal green, and (4) the date or proposed date of the application of pesticide. A copy of each notice of such application of pesticide at a park, playground, athletic field or municipal green shall be maintained by the controlling authority for a period of five years from the date of application of the pesticide and available to members of the public.

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2014	New section

Statement of Purpose:

To protect children's health from exposure to toxic lawn pesticides by applying the same restrictions concerning the application of lawn pesticides at school grounds to the application of pesticides at parks, playgrounds, athletic fields and municipal greens.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]