HB1195 (2020) Detail

Relative to pesticide use and notification of such use on community playgrounds.


HB 1195 - AS INTRODUCED

 

 

2020 SESSION

20-2278

05/01

 

HOUSE BILL 1195

 

AN ACT relative to pesticide use and notification of such use on community playgrounds.

 

SPONSORS: Rep. Balch, Hills. 38; Rep. Vallone, Rock. 9; Rep. Oxenham, Sull. 1

 

COMMITTEE: Environment and Agriculture

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill limits the use of pesticides at community playgrounds to cases in which a threat to public health exists and requires the municipality to provide notice of an emergency pesticide application in such cases.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2278

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to pesticide use and notification of such use on community playgrounds.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Subdivision; Pesticide Use and Notification Where Children Play.  Amend RSA 430 by inserting after section 57 the following new subdivision:

Pesticide Use and Notification Where Children Play

430:58  Definitions.  In this subdivision:

I.  "Community playground" means an outdoor area provided for children to play on, such as any outdoor area that contains any swing set, slide, climbing structure, playset, or device or object upon which children play, which is owned or controlled by the state of New Hampshire or any county, city, or town in the state.

II.  "Emergency pesticide application" means a situation where reasonable alternative methods to lawn and landscape pesticide use have been exhausted, and an application of a lawn and landscape pesticide is necessary based on an imminent threat to public health.

III.  "Imminent threat to public health" means an unpredictable outbreak of a poisonous, stinging, or biting insect, such as ticks or mosquitoes, or poisonous or stinging plant, such as poison ivy, that threatens public health.

IV.  "Lawn and landscape 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 and is applied for the purpose of controlling lawn, garden, or ornamental pests.  Lawn and landscape pesticide shall not include:

(a)  A microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency;

(b)  A horticultural soap or oil that is registered with the United States Environmental Protection Agency and does not contain any synthetic pesticide or synergist;

(c)  A pesticide classified by the United States Environmental Protection Agency as an exempt material pursuant to 40 C.F.R. 152.25, as amended; or

(d)  A pesticide including no active ingredients other than those published in the National List at 7 C.F.R. 205.601, as amended.

430:59  Emergency Pesticide Application; Notice Required.

I.  No individual shall apply a lawn and landscape pesticide to the grounds of community playground, except in the case of an emergency pesticide application, which is to be determined by county, city, or town board of health, or for a municipality not having a board of health, the governing body of the municipality shall select a designated health official.

II.  All emergency pesticide applications are to be conducted by a commercial applicator as defined in RSA 430:29, or if not practicable, a certified applicator as defined in 40 C.F.R. 171.2(a)(8).

III.  For a community playground, prior to an emergency pesticide application, at least 48 hours public notice shall be provided to residents through reasonable means, including but not limited to the Internet website of the local government, except that if such notice is not practicable, notification shall be given within 24 hours after an emergency pesticide application.  A copy of each notice of an emergency pesticide application shall be maintained by the local government for a period of 5 years.  Such notice shall include:

(a)  The name of the active ingredient of the pesticide being applied.

(b)  The brand name of the product and copy of the product label.

(c)  The target pest.

(d)  The location of the application.

(e)  The date of application.

2  Effective Date.  This act shall take effect 180 days after its passage.

Links

HB1195 at GenCourtMobile
HB1195 Discussion

Action Dates

Date Body Type
Feb. 12, 2020 House Hearing
Feb. 27, 2020 House Exec Session

Bill Text Revisions

HB1195 Revision: 6836 Date: Dec. 2, 2019, 11:25 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Environment and Agriculture HJ 1 P. 13
Feb. 12, 2020 Public Hearing: 02/12/2020 10:00 am LOB 303
Feb. 27, 2020 Executive Session: 02/27/2020 10:00 am LOB 303