AN ACT MODIFYING THE BAN ON PESTICIDE APPLICATIONS ON SCHOOL GROUNDS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 10-231b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(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 apply pesticide within any building or on the grounds of any school, other than a regional agricultural science and technology education center. 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,] 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] grounds 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) The Commissioner of Energy and Environmental Protection may adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section. Any person who violates any provision of this section or any such regulation shall be fined not less than five hundred dollars or more than two thousand dollars for each violation.

Statement of Purpose:

To allow the application of certain pesticides on school grounds, to authorize the Commissioner of Energy and Environmental Protection to adopt regulations regarding such pesticide applications and to provide for a penalty for the violation of laws concerning such pesticide applications.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]