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

00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 356 01 "An Act relating to pesticide use; 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 tracking system. In developing the system, the 06 department shall ensure that, to the extent practicable, the data submission process uses 07 existing record-keeping requirements, automates the reporting system, and encourages 08 electronic submission of data. The department may establish regulations for the 09 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; regulations regarding which pesticides are subject to the reporting 12 requirements of this section, based in part on the frequency of pesticide application; 13 and regulations regarding how location information is to be submitted and reported, 14 which may differ for different categories of pesticide applicators. The department shall 15 strive for a system that is efficient and cost-effective, that provides for a database that 16 is spatially referenced and compatibly integrated with the statewide geographic 17 information system, and that reveals the location and extent of pesticide use to the 18 extent practicable. 19  (b) The system established under (a) of this section must require all licensed 20 custom, commercial, and contract pesticide applicators in the state to report to the 21 department the following information pertaining to the professional use of pesticides 22 other than sanitizers and disinfectants: 23  (1) pesticide product name and United States Environmental Protection 24 Agency registration number; 25  (2) total amount of product applied; 26  (3) identification number assigned to the reporting entity by the 27 department; 28  (4) size in acres or square feet of the area treated; 29  (5) application rate in volume or weight of product for each area 30 treated; 31  (6) location of application, including the five-digit zip code,

01 municipality, and, to the extent practicable, street address, township, range, and 02 section, waterway, agricultural field, fee lot, or similar portion of parcel or right-of- 03 way; 04  (7) date of application; 05  (8) application method, including equipment, device, or apparatus used; 06  (9) crop, commodity, stored product, or site to which the pesticide was 07 applied, including a site code to identify the type of site if necessary; and 08  (10) target organism. 09  (c) If a licensed custom, commercial, or contract pesticide applicator does not 10 use a pesticide for which a report is required during a reporting period, the pesticide 11 applicator shall file a statement indicating the absence of any use during the reporting 12 period. 13  (d) A licensed custom, commercial, or contract pesticide applicator shall retain 14 the records upon which the information submitted under (b) of this section is based for 15 three years after submitting the report to the department. 16  (e) The department may impose a civil penalty on a person who fails to 17 comply with a reporting requirement established under this section. The penalty may 18 be up to $1,000 for the first failure to comply and up to $2,000 for a second or 19 subsequent failure to comply. 20  Sec. 46.03.340. Availability of information to the public. (a) The data in 21 the tracking system developed under AS 46.03.335 shall be made accessible by the 22 department to the general public through the Internet and shall be available from the 23 department on disk and in printed format upon request. The database shall be made 24 accessible in a way that reasonably provides the public with understandable and useful 25 information about the use of pesticides at local, regional, and state levels. The 26 department shall ensure that pesticide use information in the database is accessible to 27 researchers, pesticide users, workers, government agencies, and the public in a timely 28 and user-friendly manner. 29  (b) On or before June 30 of each year, the department shall publish an annual 30 report, available to the public, that includes 31  (1) a detailed summary of pesticide use in the state, including quantity

01 of pesticides used, pounds of active ingredient and total pounds of product, category 02 of pesticide applicator, and areas of pesticide application; and 03  (2) an analysis of the data, including known reasons for any increases 04 or decreases in pesticide use over time and within categories such as pesticide type, 05 applicator type, and location. 06  Sec. 46.03.345. Pesticide Advisory Board. (a) There is established a 07 Pesticide Advisory Board consisting of nine members appointed by the governor to 08 staggered three-year terms as follows: 09  (1) two members who are pesticide applicators or pesticide dealers who 10 are required to be licensed by the department; 11  (2) two members who are not employed by or the agents of a licensed 12 pesticide applicator or pesticide dealer and who have a demonstrable record of 13 advocating for water quality protection, fish and wildlife protection, pest management, 14 alternatives to pesticides, occupational health and safety, or the public's right to know 15 about pesticides or other potential hazards in their communities; 16  (3) one member who is employed by or is an agent of a public water 17 supplier; 18  (4) one member who is an agent or specialist with the cooperative 19 extension service, University of Alaska; 20  (5) one member who is not employed by or the agent of a licensed 21 pesticide applicator or pesticide dealer and who has some expertise in all of the 22 following areas: 23  (A) pest control research; 24  (B) epidemiology; 25  (C) fish and wildlife biology; 26  (D) children's health issues; and 27  (6) two public members. 28  (b) The Pesticide Advisory Board shall 29  (1) advise the department on the development and implementation of 30 the pesticide use tracking system required under AS 46.03.335; 31  (2) advise the department on the development and implementation of

01 research and information-gathering mechanisms related to household use of pesticides, 02 especially the location of intended use, purpose, and amounts; 03  (3) recommend to the department methods for increasing public 04 awareness of less toxic alternatives to pesticides; 05  (4) 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 Advisory Board shall select one of its members as chair and 13 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 Advisory 15 Board. 16  (e) A majority of the members of the Pesticide Advisory Board constitutes a 17 quorum for the transaction of business. The Pesticide Advisory Board shall meet at 18 a place and time determined by the board. The board may also meet at other times 19 and places specified by the call of the chair or of a majority of the members of the 20 board. 21  (f) Notwithstanding AS 39.20.180, a member of the Pesticide Advisory Board 22 is not entitled to reimbursement of transportation expenses and payment of per diem 23 allowances. 24  Sec. 46.03.350. Technical assistance. (a) In order to develop and implement 25 the pesticide use tracking system required under AS 46.03.335, the department and the 26 Pesticide Advisory Board may request technical assistance from any public or private 27 agency with expertise in the subject matter. 28  (b) The department may develop a program to provide technical assistance to 29 pesticide applicators who are required to report under AS 46.03.335. The department 30 may develop and provide computer software to licensed pesticide applicators to 31 facilitate reporting for the tracking system.

01  Sec. 46.03.355. Department's use of the tracking system. The department 02 shall use the pesticide use database developed under AS 46.03.335 in carrying out the 03 department's responsibilities for the protection of water quality, other environmental 04 protection, worker health and safety programs, public health protection programs, 05 pesticide-related illness surveillance programs, risk assessments, and pest management 06 research and control programs. The department shall cooperate with and advise other 07 state agencies concerning their programs that may be affected by the use of pesticides. 08 * Sec. 4. The uncodified law of the State of Alaska is amended by adding a new section 09 to read: 10 REGULATIONS. The Department of Environmental Conservation may proceed to 11 develop and adopt regulations to implement this Act. The regulations take effect under 12 AS 44.62 (Administrative Procedure Act), but not before January 1, 2001. 13 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section 14 to read: 15 REPORT. The Pesticide Advisory Board shall submit a report to the governor by 16 January 1, 2003, concerning the board's recommendations for action related to its areas of 17 jurisdiction under AS 46.03.345(b). The board shall notify the legislature that the report is 18 available. 19 * Sec. 6. Except as provided in sec. 7 of this Act, this Act takes effect January 1, 2001. 20 * Sec. 7. Section 4 of this Act takes effect immediately under AS 01.10.070(c).