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24th Legislature(2005-2006)

Bill Text 24th Legislature


00                       CS FOR HOUSE BILL NO. 19(RES)                                                                     
01 "An Act relating to pesticides and broadcast chemicals; and providing for an effective                                  
02 date."                                                                                                                  
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 37.05.146(c) is amended by adding a new paragraph to read:                                        
05                 (78)  receipts of the Department of Environmental Conservation from                                     
06       the registration of pesticides and broadcast chemicals and the licensing of pesticide                             
07       applicators under AS 44.46.025.                                                                                   
08    * Sec. 2.  AS 37.10.058(2) is amended to read:                                                                     
09                 (2)  "designated regulatory service" means a regulatory service                                         
10       provided under the following regulatory programs:                                                                 
11                      (A)  control of solid waste facilities under AS 46.03.020(10)(D)                                   
12            and (E);                                                                                                     
13                      (B)  regulation of the disposal of waste into waters of the state                                  
14            under AS 46.03.100;                                                                                          
01                      (C)  certification of federal permits or authorizations under 33                                   
02            U.S.C. 1341 (sec. 401, Clean Water Act);                                                                     
03                      (D)  a coastal management consistency determination relating to                                    
04            a permit or authorization issued under a program listed in (A) - (C) of this                                 
05            paragraph, if the determination is made by the agency issuing the permit or                                  
06            authorization;                                                                                               
07                      (E)  any authorization for the use or appropriation of water                                       
08            under AS 46.15; [AND]                                                                                        
09                      (F)  administration of emission control permits for the air                                        
10            quality control program under AS 46.14; and                                                              
11                      (G)  regulation of pesticides and broadcast chemicals                                          
12            registered under AS 46.03.320(a)(4).                                                                     
13    * Sec. 3.  AS 44.46.025(a) is amended to read:                                                                     
14            (a)  Except as otherwise provided in AS 37.10.050 - 37.10.056, the Department                                
15       of Environmental Conservation may adopt regulations that prescribe reasonable fees,                               
16       and establish procedures for the collection of those fees, to cover the applicable direct                         
17       costs, not including travel except in the case of a designated regulatory service, as that                        
18       term is defined in AS 37.10.058, of inspections, permit preparation and administration,                           
19       plan review and approval, and other services provided by the department relating to                               
20                 (1)  agriculture and animals under AS 03.05; food, drugs, and                                           
21       cosmetics under AS 17.20; and public accommodations and facilities under AS 18.35;                                
22                 (2)  certificates of inspection for motor vehicles under AS 46.14.400 or                                
23       46.14.510;                                                                                                        
24                 (3)  drinking water systems under AS 46.03.720;                                                         
25                 (4)  water and wastewater operator training under AS 46.30;                                             
26                 (5)  waste management and disposal authorizations under                                                 
27       AS 46.03.100;                                                                                                     
28                 (6)  certification of laboratories conducting environmental analyses of                                 
29       public drinking water systems or of oil or hazardous substances, or conducting other                              
30       analyses required by the department;                                                                              
31                 (7)  certification of federal permits or authorizations under 33 U.S.C.                                 
01       1341 (sec. 401, Clean Water Act);                                                                                 
02                 (8)  regulation of point source discharges of pollutants associated with                                
03       timber-related activities under the program authorized by AS 46.03.020(12);                                   
04                 (9)  regulation of pesticides and broadcast chemicals registered                                    
05       under AS 46.03.320(a)(4), with a reasonable fee not to exceed $120;                                           
06                 (10)  licensing of pesticide applicators under AS 46.03.320(b), with                                
07       a reasonable fee not to exceed $25.                                                                           
08    * Sec. 4.  AS 46.03.320(a) is amended to read:                                                                     
09            (a)  The department may                                                                                      
10                 (1)  regulate the transportation, testing, inspection, packaging, labeling,                             
11       handling, and advertising of pesticides and broadcast chemicals offered for sale [,] or                           
12       placed in commerce for use in the state;                                                                          
13                 (2)  regulate and supervise the distribution, application, or use of                                    
14       pesticides and broadcast chemicals in any state project or program [,] or by a public                             
15       agency under the jurisdiction of the state;                                                                       
16                 (3)  regulate or prohibit the use of pesticides and broadcast chemicals;                            
17                 (4)  register pesticides and broadcast chemicals for sale or                                        
18       distribution.                                                                                                 
19    * Sec. 5.  AS 46.03.320(b) is amended to read:                                                                     
20            (b)  The department may provide by regulation for the licensing of or                                    
21       temporary license waiver for private applicators of restricted-use pesticides; [AND]                      
22       for persons engaged in the custom, commercial, or contract spraying or application of                             
23       pesticides and broadcast chemicals, and for other persons engaged in the spraying                             
24       or application of pesticides and broadcast chemicals in public places.  A person                              
25       engaged in the custom, commercial, or contract spraying or application of pesticides                              
26       and broadcast chemicals may, by regulation, be required to secure a surety bond or                                
27       liability insurance.                                                                                              
28    * Sec. 6.  AS 46.03.320 is amended by adding a new subsection to read:                                             
29            (c)  A person may not apply a pesticide or broadcast chemical in a public place                              
30       unless licensed by the department or otherwise authorized under a regulation of the                               
31       department.  The department shall by regulation provide for reasonable public                                     
01       notification, including written notice posted on the application site, when pesticides                            
02       and broadcast chemicals are applied in a public place.  In this subsection, "public                               
03       place" means (A) that portion of a public accommodation to which access is not                                    
04       ordinarily restricted to employees or residents; (B) common areas of an apartment                                 
05       building or other multifamily dwelling; (C) that  portion of a government office or                               
06       facility to which access is not ordinarily restricted to employees; and (D) outdoor areas                         
07       that the general public may frequent, including plazas, parks, parking lots, and public                           
08       sports fields.  In this subsection, "public place" does not include a restaurant, hotel, or                       
09       motel.                                                                                                            
10    * Sec. 7.  This Act takes effect January 1, 2006.                                                                  
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