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New Hampshire Joins New Jersey, Maine in Race to Protect Children from Pesticides

Several New Hampshire legislators have followed the lead of Maine and New Jersey in sponsoring a bill to protect children from toxic lawn and garden pesticides around schools.

The bill, 495-FN, reads as follows:

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the prevention of the use of pesticides on the grounds of child day care facilities, schools, and state parks.

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

1 Purpose Statement. The general court, having studied the problems caused by the overuse of pesticides and having weighed those costs against the benefits of using pesticides, makes the following findings:

I. The state must protect the health of children by reducing the amount of pesticides that they are exposed to because pesticides are toxic and have been linked to many illnesses, including endocrine disruption, cancer, asthma, diabetes, and neurological, developmental, and attention-deficit disorders.

II. Many pesticides considered to be reasonably safe when they were on the market were later removed from the market because they became known as too likely to cause harm.

III. Although the Environmental Protection Agency regulates pesticides, a precautionary approach stricter than federal limits is required to meaningfully protect the safety and health of our children.

IV. Our children should not be exposed to known, likely, or probable human carcinogens or probable endocrine disruptors.

V. Other states and municipalities, Canadian provinces and municipalities, and numerous governments around the world have limited application of pesticides to protect public health.

VI. The state has a right and duty to protect its citizenry, particularly the most vulnerable citizens such as children.

VII. The state of New Hampshire, through the pesticide control division, already limits the application of some pesticides more than the Environmental Protection Agency.

VIII. The state of New Hampshire is the appropriate agency to protect children from pesticide exposure because state law prevents municipalities from doing so, and federal and market processes are inadequate.

IX. Limiting the use of lawn and grounds care pesticides protects children from unnecessary and involuntary exposure to pesticides.

X. Well maintained grounds have no need for lawn and grounds care pesticides.

XI. Emergency circumstances threatening human health are unpredictable but inevitable, and pesticides should be available when they arise.

XII. Safer alternatives to lawn and grounds care pesticides are readily available and bring with them demonstrated economic savings.

XIII. Reducing the use of pesticides improves the health of rivers, lakes, and other natural resources. Pesticides present in streams have been reduced up to 86 percent where reasonable limitations like those proposed herein have been put in place.

2 New Subdivision; Transitional Integrated Pest Management Plans. Amend RSA 430 by inserting after section 57 the following new subdivision:

Transitional Integrated Pest Management Plans

430:58 Definitions. In this subdivision:

I. “Application,” “apply,” or any variation thereof means the spray, release, use, or deposit of any lawn care pesticide on grounds and lawns.

II. “Child day care agency” shall be as defined in RSA 170-E:2, IV.

III. “Lawn and grounds care pesticide” means:

(a) A pesticide registered and labeled pursuant to the federal Insecticide, Fungicide and Rodenticide Act; or

(b) That contains a chemical classified by the Environmental Protection Agency (EPA) as a known, likely, or probable human carcinogen, based on the most recent list of such chemicals published by the EPA; or

(c) That contains a chemical classified by the EPA as a known, likely, or probable human endocrine disruptor, based on the most recent list of such chemicals published by the EPA.

IV. “Grounds” means turf, recreation areas including playgrounds and playing fields, gardens, and ornamental areas. “Grounds” shall not include any area of a school property used primarily for commercial production of food or plants for educational purposes.

V. “Registered commercial applicator” means an applicator authorized to apply pesticides pursuant to RSA 430:33.

VI. “Threat to health” means the elimination of mosquitoes, ticks, and stinging or biting insects, life-saving measures with respect to a tree or shrub, or as determined by the municipal health officer, the commissioner of the department of health and human services, the commissioner of the department of environmental services or, in the case of a school, the school superintendent or equivalent.

VII. “Transitional integrated pest management plan” means a plan for integrated pest management which demonstrates decreased application of grounds care pesticides from year to year, resulting in the phase out of grounds care pesticides by the applicable date.

430:59 Phased Limits on Grounds Care Pesticides. Beginning one year after the effective date of this subdivision, no person shall apply a lawn and grounds care pesticide on the grounds of any child day care agency, school with students in grade 12 or lower, or state park, except as follows:

I. Up to 2 years after the effective date of this subdivision, application of grounds care pesticides may be made on the grounds of any child day care agency or any school with students in grade 6 or lower only pursuant to a transitional integrated pest management plan;

II. Up to 3 years after the effective date of this subdivision, application of grounds care pesticides may be made on the grounds of any school with students in grades 7 through 12 only pursuant to a transitional integrated pest management plan; and

III. Up to 4 years after the effective date of this subdivision, application of grounds care pesticides may be made on any state park only pursuant to a transitional integrated pest management plan.

430:60 Emergency Application of Grounds Care Pesticides. An emergency application of a grounds care pesticide may be made to eliminate a threat to health, provided such emergency application does not involve a restricted use pesticide as defined in RSA 430:29, XXXI.

430:61 Transitional Integrated Pest Management Plan. No later than one year after the effective date of this subdivision, every entity subject to RSA 430:59 shall adopt and implement, in accordance with regulations adopted by the pesticide control board, a transitional integrated pest management plan which:

I. Shall be consistent with the model transitional integrated pest management plan adopted by the pesticide control board;

II. May be developed by a local or regional school board for all public schools under its control; and

III. Shall address the grounds and may also address indoor areas.

3 Pesticide Control Board; Membership. Amend RSA 430:30, I to read as follows:

I. A pesticide control board is established to consist of [13] 15 members appointed by the governor with consent of the council, as follows:

4 New Subparagraph; Pesticide Control Board; Membership. Amend RSA 430:30, I by inserting after subparagraph (l) the following new subparagraph:

(m) Two persons representing the interests of those who manage grounds without the use of grounds care pesticides, appointed by the governor from 3 candidates nominated by, but not required to be members of, the New Hampshire chapter of the Northeast Organic Farming Association.

5 New Subparagraphs; Pesticide Control Board; Rulemaking. Amend RSA 430:31, IV by inserting after subparagraph (y) the following new subparagraphs:

(z) The Environmental Protection Agency list of known, likely, or probable human carcinogens or a list of known, likely, or probable human endocrine disruptors which, within 6 months of said publication, the board shall adopt the list by rule.

(aa) No later than December 31, 2011, one model transitional integrated pest management plan for each of the following:

(1) Child day care agencies.

(2) Schools with students in grade 6 or lower.

(3) Schools with students in or in between grades 7 and 12.

(4) State parks.

(bb) Any record keeping requirements necessitated by RSA 430:58-61.

(cc) Lawn care best management practices to manage residential grounds without the use of grounds care pesticides, which shall be updated at least once every 5 years.

(dd) Revising standards of competency for commercial applicators of ornamental and turf pest control to include knowledge of ornamental and turf management without the use of grounds care pesticides including the benefits of not using grounds care pesticides how to establish a healthy and strong soil community, and the effective use of compost, other organic matter, and microorganisms.

6 Pesticide Registration Certificates and Permits; Fees. Amend RSA 430:33, I-II to read as follows:

I. No person shall engage in the commercial application of pesticides or in the private application of restricted pesticides within this state without possessing a valid certificate of registration issued by the division. An annual application for a certificate of registration with a fee of [$20] $60 shall be collected by the division for each commercial or private applicator registration, except that no fee shall be collected from any nonprofit entity or from any governmental entity. The board shall by rule establish the criteria for eligibility for, and the limits on the use of, certificates of registration for commercial applicator, private applicator, and commercial applicator for hire. Each application for registration shall contain such information regarding the applicant’s qualifications and proposed operations and other relevant matters as the division may require. Every person applying for a registration certificate shall be required to demonstrate by examination, or by such other means as the board by rule may establish, his competency and ability to use pesticides in accordance with standards of the board. The division shall require from each applicant proof of financial responsibility in amounts to be determined under rules adopted by the board. Registered applicators shall maintain routine operational records pursuant to the rules of the board, which records shall be open to inspection at reasonable times by the division or its agents. Operational records for the preceding calendar year shall be submitted by an applicant for renewal of a certificate of registration. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a certificate of registration.

II. No person, other than a commercial applicator, shall apply pesticides in this state without first obtaining a written permit from the division except as provided in RSA 430:46. An annual application for a permit with a fee of [$20] $60 shall be collected by the division for each permit, except that no fee shall be collected from any nonprofit entity or from any governmental entity. The division shall require each applicant for a permit to demonstrate, by examination or other procedure prescribed by the board in rules, the applicant’s competence and ability to use pesticides in accordance with standards of the board. Permit holders shall maintain routine operational records pursuant to rules of the board, which records shall be open to inspection at reasonable times by the division or its agents. Operational records for the preceding calendar year shall be submitted to the division by an applicant for renewal of a permit. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a permit.

7 Integrated Pest Management Fund. Amend RSA 430:50, II to read as follows:

II. There is established a nonlapsing fund to be known as the integrated pest management fund. Ten percent of the pesticide registration fees collected under RSA 430:38, III shall be deposited in the fund. The fund shall only be used to support the purposes of the integrated pest management program including preparation and implementation of transitional integrated pest management plans and lawn care best management practices. The state treasurer may invest moneys in the fund as provided by law and all interest received on such investment shall be credited to the fund. The commissioner shall be authorized to accept grants, gifts, and donations from any public or private sources for deposit in the fund.

8 Effective Date. This act shall take effect upon its passage.

LBAO

11-0730

Revised 01/31/11

HB 495 FISCAL NOTE

AN ACT relative to the prevention of the use of pesticides on the grounds of child day care facilities, schools, and state parks.

FISCAL IMPACT:

The Department of Agriculture, Markets and Food states this bill will increase state revenues by $76,000, and state expenditures by an indeterminable amount in FY 2012 and each year thereafter. The Department of Resources and Economic Development states this bill will increase state restricted expenditures by an indeterminable amount in FY 2012 and each year thereafter. The New Hampshire Municipal Association states this bill may increase local expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on county and local revenues, or county expenditures.

METHODOLOGY:

This bill limits the application of pesticides on the grounds of child day care facilities, schools, and state parks. The Department of Agriculture, Markets, and Foods states this bill increases the fee for a certificate of registration allowing for the commercial application of pesticides or the private application of restricted pesticides by $40 from $20 to $60. Based on approximately 1900 certificates issued in FY 2011, the Department estimates the proposed fee increase will increase state revenue by $76,000 (1900 x $40) in FY 2012 and each fiscal year thereafter. The Department also states the proposed legislation requires: the development of model transitional integrated pest management plans for child day cares, schools with students in grade 6 or lower, schools with students in or in between grades 7 and 12, and state parks; additional rulemaking responsibilities for the Department; and the addition of two board members to the Pesticide Control Board. The Department states these additional requirements will increase state expenditures by an indeterminable amount in FY 2012 and each year thereafter.

The Department of Resources and Economic Development states although it is not standard practice for the Department to apply grounds care pesticides as defined in the proposed legislation, state restricted expenditures will increase by amounts associated with the cost of developing a transitional integrated pest management plan for the state parks. The Department states the costs to prepare, implement, and update the plan is unknown, however, the Department would apply for funding from the pest management fund to support the preparation and implementation of such a plan.

The New Hampshire Municipal Association states this bill would have no fiscal impact on most municipalities. However, in municipalities that have dependent school districts, the requirement of adopting a transitional integrated pest management plan may result in increased local expenditures. The Association has no information about the cost of adopting such a plan or how many school districts may be required to do so.

About The Author

Paul Tukey

An international leader of the green movement, Mr. Tukey is a journalist, author, filmmaker, TV host, activist and award-winning public speaker, who is widely recognized as North America's leading advocate for landscape sustainability and toxic pesticide reduction strategies.

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