HB 356: "An Act relating to pesticide use and sales; and providing for an effective date."

00HOUSE BILL NO. 356 01 "An Act relating to pesticide use and sales; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 44.46.025 is amended by adding a new subsection to read: 04  (e) The department may charge a registration fee of $150 for a pesticide label 05 for a pesticide product registered for use in the state. 06 * Sec. 2. AS 46.03.320(b) is amended to read: 07  (b) The department may provide by regulation for the licensing of private 08 applicators of restricted-use pesticides and for persons engaged in the custom, 09 commercial, or contract spraying or application of pesticides and broadcast chemicals. 10 A person engaged in the custom, commercial, or contract spraying or application of 11 pesticides and broadcast chemicals may, by regulation, be required to secure a surety 12 bond or liability insurance. The department shall establish and collect a fee for a 13 license issued under this subsection. The fee shall be $25 times the number of 14 years for which the license is valid when issued. The department shall review the

01 licensing fee every two years and recommend changes in the fee to the legislature 02 when considered appropriate. 03 * Sec. 3. AS 46.03 is amended by adding new sections to article 5 to read: 04  Sec. 46.03.335. Pesticide tracking system. (a) The department shall establish 05 and implement a pesticide use and sales tracking system. In developing the system, 06 the department shall ensure that, to the extent practicable, the data submission process 07 uses existing record-keeping requirements, automates the reporting system, and 08 encourages electronic submission of data. The department may establish regulations 09 for the submission and dissemination of accurate data for the tracking system, such as 10 regulations for data submission timing, which may differ for different categories of 11 pesticide applicators and dealers, and regulations regarding how location information 12 is to be submitted and reported, which may differ for different categories of pesticide 13 applicators, based in part on the frequency of pesticide application. The department 14 shall strive for a system that is efficient and cost-effective, that provides for a database 15 that is spatially referenced and compatibly integrated with the statewide geographic 16 information system, and that reveals the location and extent of pesticide use to the 17 extent practicable. 18  (b) The system established under (a) of this section must require all pesticide 19 dealers in the state to report to the department the following information pertaining to 20 the sale of pesticides to end users, including private residents and licensed pesticide 21 applicators: 22  (1) name of each pesticide product sold, including the United States 23 Environmental Protection Agency registration number; 24  (2) amount of each pesticide product sold by calendar month; 25  (3) name of seller; and 26  (4) five-digit zip code of the location of intended use as reported to the 27 dealer by the buyer. 28  (c) The system established under (a) of this section must require all licensed 29 pesticide applicators in the state to report the following information to the department: 30  (1) pesticide product name and United States Environmental Protection 31 Agency registration number;

01  (2) total amount of product applied; 02  (3) identification number assigned to the reporting entity by the 03 department; 04  (4) size in acres or square feet of the area treated; 05  (5) application rate in volume or weight of product for each area 06 treated; 07  (6) location of application, including the five-digit zip code, 08 municipality, and, to the extent practicable, street address, township, range, and 09 section, waterway, agricultural field, fee lot, or similar portion of parcel or right-of- 10 way; 11  (7) date of application; 12  (8) application method, including equipment, device, or apparatus used; 13  (9) crop, commodity, stored product, or site to which the pesticide was 14 applied, including a site code to identify the type of site if necessary; and 15  (10) target organism. 16  (d) If a licensed pesticide applicator or a pesticide dealer does not use or sell 17 a pesticide for which a report is required during a reporting period, the pesticide 18 applicator or pesticide dealer shall file a statement indicating the absence of any use 19 or sale during the reporting period. 20  (e) A licensed pesticide applicator shall retain the records upon which the 21 information submitted under (c) of this section is based for three years after submitting 22 the report to the department. 23  (f) The department may impose a civil penalty on a person who fails to 24 comply with a reporting requirement established under this section. The penalty may 25 be up to $1,000 for the first failure to comply and up to $2,000 for a second or 26 subsequent failure to comply. 27  Sec. 46.03.340. Availability of information to the public. (a) The data in 28 the tracking system developed under AS 46.03.335 shall be made accessible by the 29 department to the general public through the Internet and shall be available from the 30 department on disk and in printed format upon request. The database shall be made 31 accessible in a way that reasonably provides the public with understandable and useful

01 information about the use of pesticides at local, regional, and state levels. The 02 department shall ensure that pesticide use and sales information in the database is 03 accessible to researchers, pesticide users, workers, government agencies, and the public 04 in a timely and user-friendly manner. 05  (b) On or before June 30 of each year, the department shall publish an annual 06 report, available to the public, that includes 07  (1) a detailed summary of pesticide use and sales in the state, including 08 quantity of pesticides used and sold, pounds of active ingredient and total pounds of 09 product, category of pesticide applicator, and areas of pesticide application; and 10  (2) an analysis of the data, including known reasons for any increases 11 or decreases in pesticide use over time and within categories such as pesticide type, 12 applicator type, and location. 13  Sec. 46.03.345. Pesticide Tracking Advisory Board. (a) There is established 14 a Pesticide Tracking Advisory Board consisting of 12 members appointed by the 15 governor to staggered three-year terms as follows: 16  (1) three members who are pesticide applicators or pesticide dealers 17 who are required to be licensed by the department; 18  (2) three members who are not employed by or the agents of a licensed 19 pesticide applicator or pesticide dealer and who have a demonstrable record of 20 advocating for water quality protection, fish and wildlife protection, pest management, 21 alternatives to pesticides, occupational health and safety, or the public's right to know 22 about pesticides or other potential hazards in their communities; 23  (3) one member who is employed by or is an agent of a public water 24 supplier; 25  (4) three members who are not employed by or the agents of a licensed 26 pesticide applicator or pesticide dealer and who collectively have demonstrable 27 expertise in all of the following areas: 28  (A) pest control research; 29  (B) epidemiology; 30  (C) fish and wildlife biology; 31  (D) children's health issues; and

01  (5) two public members. 02  (b) The Pesticide Tracking Advisory Board shall 03  (1) advise the department on the development and implementation of 04 the pesticide use and sales tracking system required under AS 46.03.335; 05  (2) solicit public input on ways to improve the reporting and 06 enforcement process and on ways to improve the accessibility and utility of the data 07 generated by the tracking system. 08  (c) A member appointed under this section is eligible for reappointment, but 09 a member may not serve for more than two consecutive terms. If there is a vacancy, 10 the governor shall make an appointment to become immediately effective for the 11 unexpired term. A member serves at the pleasure of the governor. 12  (d) The Pesticide Tracking Advisory Board shall select one of its members as 13 chair and another as vice-chair for the terms and with the duties and powers considered 14 necessary by the board for the performance of the functions of the Pesticide Tracking 15 Advisory Board. 16  (e) A majority of the members of the Pesticide Tracking Advisory Board 17 constitutes a quorum for the transaction of business. The Pesticide Tracking Advisory 18 Board shall meet at least once every four months at a place and time determined by 19 the board. The board may also meet at other times and places specified by the call of 20 the chair or of a majority of the members of the board. 21  (f) Notwithstanding AS 39.20.180, a member of the Pesticide Tracking 22 Advisory Board is not entitled to reimbursement of transportation expenses and 23 payment of per diem allowances. 24  Sec. 46.03.350. Technical assistance. (a) In order to develop and implement 25 the pesticide use and sales tracking system required under AS 46.03.335, the 26 department and the Pesticide Tracking Advisory Board may request technical 27 assistance from any public or private agency with expertise in the subject matter. 28  (b) The department shall develop a program to provide technical assistance to 29 pesticide applicators and pesticide dealers who are required to report under 30 AS 46.03.335. The department may develop and provide computer software to 31 licensed pesticide applicators and pesticide dealers to facilitate reporting for the

01 tracking system. 02  Sec. 46.03.355. Department's use of the tracking system. The department 03 shall use the pesticide use and sales database developed under AS 46.03.335 in 04 carrying out the department's responsibilities for the protection of water quality, other 05 environmental protection, worker health and safety programs, public health protection 06 programs, pesticide-related illness surveillance programs, risk assessments, and pest 07 management research and control programs. The department shall cooperate with and 08 advise other state agencies concerning their programs that may be affected by the use 09 of pesticides. 10 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 REGULATIONS. The Department of Environmental Conservation may proceed to 13 develop and adopt regulations to implement this Act. The regulations take effect under 14 AS 44.62 (Administrative Procedure Act), but not before January 1, 2001. 15 * Sec. 5. Except as provided in sec. 6 of this Act, this Act takes effect January 1, 2001. 16 * Sec. 6. Section 4 of this Act takes effect immediately under AS 01.10.070(c).