Bill Text: CT HB06385 | 2013 | General Assembly | Comm Sub
Bill Title: An Act Prohibiting The Use Of Pesticides At Public Schools.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-06-04 - Motion Failed JFS [HB06385 Detail]
Download: Connecticut-2013-HB06385-Comm_Sub.html
General Assembly |
Substitute Bill No. 6385 | |
January Session, 2013 |
*_____HB06385ED____031413____* |
AN ACT PROHIBITING THE USE OF PESTICIDES AT PUBLIC SCHOOLS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 10-231a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
As used in sections 10-231b to 10-231d, inclusive, as amended by this act: [and section 19a-79a,]
(1) ["pesticide"] "Pesticide" means a fungicide used on plants, an insecticide, a herbicide or a rodenticide, but does not mean a sanitizer, disinfectant, antimicrobial agent or pesticide bait; [,]
(2) ["lawn] "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; [, and]
(3) ["integrated] "Integrated pest management" means use of all available pest control techniques, [including judicious] excluding the use of pesticides, [when warranted,] to maintain a pest population at or below an acceptable level; [, while decreasing the use of pesticides.]
(4) "Emergency pesticide application" means the application of pesticide or lawn care pesticide to eliminate a threat to human health, as determined in accordance with subsection (a) of section 10-231b, as amended by this act;
(5) "Policy on emergency pesticide application" means a policy adopted by a local or regional board of education addressing emergency pesticide applications; and
(6) "School" means (A) a school, other than a regional agricultural science and technology education center, under the control of a local or regional board of education or a regional educational service center, or (B) a private school.
Sec. 2. Section 10-231b of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(a) No person [, other than a pesticide applicator with supervisory certification under section 22a-54 or a pesticide applicator with operational certification under section 22a-54 under the direct supervision of a supervisory pesticide applicator, may] shall apply pesticide within any building or on the grounds of any public or private school, other than a regional agricultural science and technology education center, except that an emergency application of pesticide may be made to eliminate a threat to human health, as determined by the local health director, the Commissioner of Public Health, the Commissioner of Energy and Environmental Protection or, in the case of a public school, the school superintendent, provided such emergency application is made by a pesticide applicator with supervisory certification under section 22a-54 or a pesticide applicator with operational certification under section 22a-54 under the direct supervision of a supervisory pesticide applicator, unless such threat to human health is immediate and it is impractical to obtain the services of any such applicator provided such emergency application does not involve a restricted use pesticide, as defined in section 22a-47. [This section shall not apply in the case of an emergency application of pesticide to eliminate an immediate threat to human health where it is impractical to obtain the services of any such applicator provided such emergency application does not involve a restricted use pesticide, as defined in section 22a-47.]
(b) No person shall apply a lawn care pesticide on the grounds of any [public or private preschool or public or private school with students in grade eight or lower] public or private school, except that [(1) on and after January 1, 2006, until July 1, 2010, an application of a lawn care pesticide may be made at a public or private school with students in grade eight or lower on the playing fields and playgrounds of such school pursuant to an integrated pest management plan, which plan (A) shall be consistent with the model pest control management plan developed by the Commissioner of Energy and Environmental Protection pursuant to section 22a-66l, and (B) may be developed by a local or regional board of education for all public schools under its control, and (2)] an emergency application of a lawn care pesticide may be made to eliminate a threat to human health, as determined by the local health director, the Commissioner of Public Health, the Commissioner of Energy and Environmental Protection or, in the case of a public school, the school superintendent.
(c) On and after July 1, 2013, no emergency pesticide application shall be made in any building or on the grounds of any school during regular school hours or during planned activities at any school, except that an emergency pesticide application may be made to eliminate an immediate threat to human health if (1) it is necessary to make the application during such a period, and (2) such emergency pesticide application does not involve a restricted use pesticide, as defined in section 22a-47. No child may enter an area where such emergency pesticide application has been made until it is safe to do so according to the provisions on the pesticide label.
(d) On and after July 1, 2013, a local or regional board of education may make an emergency pesticide application without prior notice pursuant to section 10-231c, as amended by this act, in the event of an immediate threat to human health, provided the board provides for notice, by any means practicable, on or before the day that such emergency pesticide application is to take place to any person who has requested such prior notice.
(e) A copy of the record of each emergency pesticide application at a school shall be maintained at the school for a period of five years. Such record shall include the information required under section 22a-66a.
Sec. 3. Section 10-231c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[(a) As used in this section, "local or regional board of education" means a local or regional board of education that does not have an integrated pest management plan for the schools under its control that is consistent with an applicable model plan provided by the Commissioner of Energy and Environmental Protection under section 22a-66l and "school" means a school, other than a regional agricultural science and technology education center, under the control of a local or regional board of education.]
[(b)] (a) On and after July 1, [2000] 2013, at the beginning of each school year, each local or regional board of education shall provide the staff of each school and the parents or guardians of each child enrolled in each school with a written statement of the board's policy on emergency pesticide application on school property and a description of any emergency pesticide applications made at the school during the previous school year. Such statement and description shall be provided to the parents or guardian of any child who transfers to a school during the school year. Such statement shall (1) indicate that the staff, parents or guardians may register for prior notice of emergency pesticide applications at the school, and (2) describe the emergency notification procedures provided for in this section. Notice of any modification to the policy on emergency pesticide application [policy] shall be sent to any person who registers for notice under this section.
[(c) On] (b) Except as provided in subsection (d) of section 10-231b, as amended by this act, and after July 1, [2000] 2013, parents or guardians of children in any school and school staff may register for prior notice of emergency pesticide application at their school. Each school shall maintain a registry of persons requesting such notice. Prior to providing for any emergency pesticide application [of pesticide] within any building or on the grounds of any school, the local or regional board of education shall provide for the mailing of notice to parents and guardians who have registered for prior notice under this section such that the notice is received no later than twenty-four hours prior to such emergency pesticide application. Notice shall be given by any means practicable to school staff who have registered for such notice. Notice under this subsection shall include (1) the name of the active ingredient of the pesticide or lawn care pesticide being applied, (2) the target pest, (3) the location of the emergency pesticide application on the school property, (4) the date of the emergency pesticide application, and (5) the name of the school administrator, or a designee, who may be contacted for further information.
[(d) On and after July 1, 2000, no application of pesticide may be made in any building or on the grounds of any school during regular school hours or during planned activities at any school except that an emergency application may be made to eliminate an immediate threat to human health if (1) it is necessary to make the application during such a period, and (2) such emergency application does not involve a restricted use pesticide, as defined in section 22a-47. No child may enter an area where such application has been made until it is safe to do so according to the provisions on the pesticide label.
(e) On and after July 1, 2000, a local or regional board of education may make an emergency application of pesticide without prior notice under this section in the event of an immediate threat to human health provided the board provides for notice, by any means practicable, on or before the day that the application is to take place to any person who has requested prior notice under this section.
(f) A copy of the record of each pesticide application at a school shall be maintained at the school for a period of five years. Such record shall include the information required under section 22a-66a.]
Sec. 4. Section 10-231d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
[(a) As used in this section, "local or regional board of education" means a local or regional board of education which has an integrated pest management plan for the schools under its control that is consistent with an applicable model plan provided by the Commissioner of Energy and Environmental Protection under section 22a-66l and "school" means a school, other than a regional agricultural science and technology education center, under the control of a local or regional board of education.]
(a) On and after July 1, 2013, each local and regional board of education shall develop and implement an integrated pest management plan for the schools under its control that is consistent with an applicable model plan provided by the Commissioner of Energy and Environmental Protection under section 22a-66l.
(b) On and after July 1, [2000] 2013, at the beginning of each school year, each local or regional board of education shall provide the staff of each school with written guidelines on how the integrated pest management plan is to be implemented and shall provide the parents or guardians of each child enrolled in each school with a statement that shall include a summary of the integrated pest management plan for the school. Such statement shall be provided to the parents or guardian of any child who transfers to a school during the school year. [Such statement shall (1) indicate that the staff, parents or guardians may register for notice of pesticide applications at the school, and (2) describe the emergency notification procedures provided for in this section. Notice of any modification to the integrated pest management plan shall be sent to any person who registers for notice under this section.]
[(c) On and after July 1, 2000, parents or guardians of children in any school and school staff may register for notice of pesticide application at their school. Each school shall maintain a registry of persons requesting such notice. Notice under this subsection shall include (1) the name of the active ingredient of the pesticide being applied, (2) the location of the application on the school property, (3) the date of the application, and (4) the name of the school administrator, or a designee, who may be contacted for further information.
(d) On and after July 1, 2000, a local or regional board of education shall provide notice, by any means practicable, to any person who has requested notice under this section on or before the day that any application of pesticide is to take place at a school. No application of pesticide may be made in any building or on the grounds of any school during regular school hours or during planned activities at any school except that an emergency application may be made to eliminate an immediate threat to human health if (1) it is necessary to make the application during such a period and (2) such emergency application does not involve a restricted use pesticide, as defined in section 22a-47. No child may enter an area of such application until it is safe to do so according to the provisions on the pesticide label.
(e) A copy of the record of each pesticide application at a school shall be maintained at the school for a period of five years. Such record shall include the information required under section 22a-66a.]
Sec. 5. Subsection (d) of section 10-220 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(d) Prior to January 1, 2008, and every five years thereafter, for every school building that is or has been constructed, extended, renovated or replaced on or after January 1, 2003, a local or regional board of education shall provide for a uniform inspection and evaluation program of the indoor air quality within such buildings, such as the Environmental Protection Agency's Indoor Air Quality Tools for Schools Program. The inspection and evaluation program shall include, but not be limited to, a review, inspection or evaluation of the following: (1) The heating, ventilation and air conditioning systems; (2) radon levels in the air; (3) potential for exposure to microbiological airborne particles, including, but not limited to, fungi, mold and bacteria; (4) chemical compounds of concern to indoor air quality including, but not limited to, volatile organic compounds; (5) the degree of pest infestation, including, but not limited to, insects and rodents; (6) the [degree of pesticide usage] integrated pest management plan, as described in section 10-231d, as amended by this act, and the policy on emergency pesticide application, as defined in section 10-231a, as amended by this act, including the number of such emergency pesticide applications during the previous five years; (7) the presence of and the plans for removal of any hazardous substances that are contained on the list prepared pursuant to Section 302 of the federal Emergency Planning and Community Right-to-Know Act, 42 USC 9601 et seq.; (8) ventilation systems; (9) plumbing, including water distribution systems, drainage systems and fixtures; (10) moisture incursion; (11) the overall cleanliness of the facilities; (12) building structural elements, including, but not limited to, roofing, basements or slabs; (13) the use of space, particularly areas that were designed to be unoccupied; and (14) the provision of indoor air quality maintenance training for building staff. Local and regional boards of education conducting evaluations pursuant to this subsection shall make available for public inspection the results of the inspection and evaluation at a regularly scheduled board of education meeting and on the board's or each individual school's web site.
Sec. 6. Subsection (b) of section 10-212c of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2013):
(b) Not later than August 15, 2012, each local and regional board of education shall: (1) Implement a plan based on the guidelines developed pursuant to subsection (a) of this section for the management of students with life-threatening food allergies and glycogen storage disease enrolled in the schools under its jurisdiction; (2) make such plan available on such board's web site or the web site of each school under such board's jurisdiction, or if such web sites do not exist, make such plan publicly available through other practicable means as determined by such board; and (3) provide notice of such plan in conjunction with the annual written statement provided to parents and guardians as required by subsection [(b)] (a) of section 10-231c, as amended by this act. The superintendent of schools for each school district shall annually attest to the Department of Education that such school district is implementing such plan in accordance with the provisions of this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
July 1, 2013 |
10-231a |
Sec. 2 |
July 1, 2013 |
10-231b |
Sec. 3 |
July 1, 2013 |
10-231c |
Sec. 4 |
July 1, 2013 |
10-231d |
Sec. 5 |
July 1, 2013 |
10-220(d) |
Sec. 6 |
July 1, 2013 |
10-212c(b) |
Statement of Legislative Commissioners:
Added new section 6 to make a conforming change to an internal reference in section 3.
ED |
Joint Favorable Subst. -LCO |