Bill Text: IL SB1772 | 2023-2024 | 103rd General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates the Pesticide Application at Schools Act. Sets forth legislative findings and definitions. Provides that, beginning July 1, 2024, a school serving students grades kindergarten through 8th grade is prohibited from scheduling pesticide applications on school grounds during the school day, including during a partial day, when students are in attendance at school for instructional purposes. Effective immediately.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0496 [SB1772 Detail]

Download: Illinois-2023-SB1772-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1772 Introduced 2/9/2023, by Sen. Julie A. Morrison SYNOPSIS AS INTRODUCED:
415 ILCS 60/13.10 new
Amends the Illinois Pesticide Act. Provides that no person, other than a pesticide applicator under the direct supervision of a supervisory pesticide applicator, may apply a pesticide within any school building or on the grounds of any school. Exempts emergency application of a pesticide meeting specified requirements from the provisions.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Pesticide Act is amended by adding
Section 13.10 as follows:
(415 ILCS 60/13.10 new)
Sec. 13.10. Lawn care pesticides; schools.
(a) In this Section:
"Biochemical pesticide" means a naturally occurring
substance that controls pests by nontoxic mechanisms.
"Integrated pest management" has the same meaning as
defined in Section 3.25 of the Structural Pest Control Act.
"Integrated pest management plan" means a written plan for
integrated pest management.
"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, or ornamental sites or areas.
"Lawn care pesticide" does not include:
(1) a microbial pesticide or biochemical pesticide
that is registered with the United States Environmental
Protection Agency;
(2) a horticultural soap or oil that is registered

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with the United States Environmental Protection Agency and
does not contain any synthetic pesticide or synergist; or
(3) a pesticide classified by the United States
Environmental Protection Agency as an exempt material
pursuant to 40 CFR 152.25.
"Microbial pesticide" means a pesticide with a
microorganism as the active ingredient.
(b) No person, other than a pesticide applicator under the
direct supervision of a supervisory pesticide applicator, may
apply a pesticide within any school building or on the grounds
of any school. This subsection shall not apply in the case of
an emergency application of a pesticide to eliminate an
immediate threat to human health where it is impractical to
obtain the services of a pesticide applicator, provided that
the emergency application does not involve a restricted use
pesticide.
(c) No person shall apply a lawn care pesticide on the
grounds of any school with students in grade eight or lower,
except that:
(1) until July 1, 2025, a lawn care pesticide may be
applied at a school on the playing fields and playgrounds
of the school pursuant to an integrated pest management
plan; and
(2) notwithstanding Section 3, an emergency
application of a lawn care pesticide may be made if the
school's local health department, the Department of Public

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Health, the Environmental Protection Agency, or the
principal or superintendent of the school determines that
the emergency application is necessary to eliminate a
threat to human health.