House File 128HOUSE FILE BY HEDDENS, SWAIM, BERRY, and KUHN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to pesticide application within schools, and on 2 school grounds, athletic fields, and playgrounds, and 3 providing an effective date. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1446HH 82 6 kh/gg/14 PAG LIN 1 1 Section 1. Section 206.2, Code 2007, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 13A. "Indoor pesticide treatment" means a 1 4 pesticide treatment that includes an outside perimeter 1 5 treatment of a building if the primary purpose of the 1 6 treatment is to treat the inside of the building. 1 7 NEW SUBSECTION. 15A. "Integrated pest management plan" 1 8 means a decision=making process that includes inspection and 1 9 pest identification; monitoring of pest and beneficial insect 1 10 populations and related recordkeeping; injury=level 1 11 assessments to determine when treatment is needed; treatment 1 12 selection and application, with pest prevention methods, 1 13 including habitat modification and sanitation measures, and 1 14 nontoxic controls treatment; and evaluation of results. 1 15 NEW SUBSECTION. 18A. "Outdoor pesticide treatment" means 1 16 an outdoor pesticide treatment that is applied anywhere on 1 17 school grounds, including but not limited to athletic fields 1 18 or playgrounds. 1 19 NEW SUBSECTION. 20A. "Pest" means, for purposes of 1 20 sections 206.40 through 206.46, an insect, rodent, nematode, 1 21 fungus, weed, or other form of terrestrial or aquatic plant or 1 22 animal life or virus, bacteria, or other microorganism, except 1 23 viruses, bacteria, or other microorganisms on or in living 1 24 humans or other living animals, declared to be a pest under 1 25 the federal Insecticide, Fungicide, and Rodenticide Act, 7 1 26 U.S.C. } 136 et seq., as amended. 1 27 NEW SUBSECTION. 20B. "Pest control information sheet" 1 28 means a document that contains the date of treatment; the 1 29 name, address, and telephone number of the applicator; the 1 30 pesticide utilized; and any other information required by the 1 31 secretary. 1 32 NEW SUBSECTION. 21A. "Pesticide application technician" 1 33 means an individual, employed by a commercial applicator or a 1 34 governmental agency, who is certified or licensed under this 1 35 chapter to apply pesticides under the direct supervision of a 2 1 certified or licensed applicator. 2 2 NEW SUBSECTION. 27A. "School" means, for purposes of 2 3 sections 206.40 through 206.46, a public or nonpublic school 2 4 under section 280.2, or a school operated by a state agency 2 5 for special purposes. 2 6 Sec. 2. NEW SECTION. 206.40 ANNUAL PARENTAL NOTIFICATION 2 7 REGARDING SCHOOL PESTICIDE USE. 2 8 The chief administrator of a school or the chief 2 9 administrator's designee shall include the following 2 10 information in any registration materials the school 2 11 distributes to parents or guardians of children attending 2 12 classes in a building on the school grounds: 2 13 1. That the school periodically applies pesticides indoors 2 14 or on school grounds. 2 15 2. That information on the pesticides applied indoors or 2 16 outdoors is available at the request of a parent or guardian. 2 17 Sec. 3. NEW SECTION. 206.41 NOTIFICATION OF PESTICIDE 2 18 TREATMENTS AT SCHOOLS. 2 19 1. Prior to applying an indoor pesticide treatment at a 2 20 school building, the certified applicator or a pesticide 2 21 application technician shall supply a pest control information 2 22 sheet and a pest control notification sign to the chief 2 23 administrator of the school or the chief administrator's 2 24 designee, who shall be responsible for all of the following: 2 25 a. Posting the pest control notification sign in 2 26 conspicuous view in an area of common access for at least 2 27 seventy=two hours before and at least forty=eight hours 2 28 following each planned treatment. 2 29 b. Providing copies of the pest control information sheet 2 30 to every individual working in the school building at least 2 31 seventy=two hours before each planned treatment. 2 32 c. Providing notice of the treatment in writing to the 2 33 parents or guardians of the students who attend classes in the 2 34 building at least seventy=two hours before each planned 2 35 treatment. The notice shall include the name, address, and 3 1 telephone number of the certified applicator or the pesticide 3 2 application technician; the date of treatment; and the 3 3 pesticide to be utilized. The notice may be included in a 3 4 normal school communication to parents or guardians and need 3 5 not be mailed separately to parents or guardians. 3 6 2. Prior to applying an outdoor pesticide treatment 3 7 anywhere on school grounds, including but not limited to 3 8 athletic fields or playgrounds, the certified applicator or a 3 9 pesticide application technician shall supply the pest control 3 10 information sheet and a pest control notification sign to the 3 11 chief administrator of the school or the chief administrator's 3 12 designee, who shall be responsible for posting the pest 3 13 control notification sign in conspicuous view on the school 3 14 grounds to be treated for at least seventy=two hours before 3 15 and at least forty=eight hours following each planned 3 16 treatment. 3 17 3. The secretary of agriculture shall adopt rules 3 18 regulating emergency pesticide applications for which the 3 19 required notification in subsections 1 and 2 may be waived. 3 20 The rules shall include all of the following provisions: 3 21 a. Emergency pesticide applications shall be allowed only 3 22 in the event of an immediate threat to the health and safety 3 23 of students and school employees. 3 24 b. Before any emergency application, students and 3 25 employees shall vacate the portion of the building or grounds 3 26 to be treated and shall not be allowed to return to that 3 27 portion of the building or grounds for at least twenty=four 3 28 hours following the application. 3 29 c. School officials shall notify by telephone any parent 3 30 or guardian who has requested notification of emergency 3 31 pesticide use. Schools shall advise parents or guardians of 3 32 their right to request notification of emergency pesticide use 3 33 on an annual basis and shall explain procedures for requesting 3 34 such notification. 3 35 4. The board of directors of each school district and the 4 1 authorities in charge of each accredited nonpublic school 4 2 shall maintain detailed records of all pesticide applications 4 3 for at least three years. 4 4 Sec. 4. NEW SECTION. 206.42 INTEGRATED PEST MANAGEMENT 4 5 PLANS FOR SCHOOLS. 4 6 1. The secretary and the director of the department of 4 7 education shall, in collaboration with the advisory committee 4 8 created pursuant to section 206.23, develop and implement 4 9 integrated pest management plan standards for schools not 4 10 later than March 1, 2008. In developing standards, the 4 11 secretary and the director of the department of education 4 12 shall consult with a person who is knowledgeable in the area 4 13 of integrated pest management in schools. The standards shall 4 14 include but not be limited to the following: 4 15 a. A requirement that the least toxic methods available to 4 16 control pests be used. 4 17 b. A hierarchy of treatments that schools shall use in 4 18 controlling pests. 4 19 c. A uniform pest control notification sign that measures 4 20 at least eight and one=half by eleven inches in size to be 4 21 utilized in school buildings and on school grounds. 4 22 2. The secretary and the director of the department of 4 23 education shall prepare model integrated pest management 4 24 plans, materials, training, and assistance, which the 4 25 department shall provide to schools to facilitate the 4 26 implementation of integrated pest management plans by schools. 4 27 3. The board of directors of each school district and the 4 28 authorities in charge of each accredited nonpublic school 4 29 shall, on or before September 1, 2008, adopt an integrated 4 30 pest management plan that incorporates the standards developed 4 31 by the secretary and the director of the department of 4 32 education. 4 33 Sec. 5. NEW SECTION. 206.43 PESTICIDE APPLICATION == 4 34 SCHOOL GROUNDS. 4 35 1. No person other than a certified applicator or 5 1 pesticide application technician shall apply pesticides within 5 2 any building or on the grounds of any school. A pesticide may 5 3 be applied in a school building only during periods in which 5 4 students are not expected to use the building for normal 5 5 academic instruction or organized extracurricular activities 5 6 for at least twenty=four hours following the application. 5 7 2. A pesticide may be applied on school grounds only 5 8 during periods in which students are not expected to use the 5 9 treated portion of the grounds for normal academic instruction 5 10 or organized extracurricular activities for at least twenty= 5 11 four hours following the application. 5 12 3. a. If a portion of a school building that has a 5 13 separate ventilation system and is separated from the 5 14 remainder of the building by smoke or fire doors is treated 5 15 with a pesticide, the twenty=four=hour waiting period 5 16 established under subsection 1 shall apply only for the 5 17 treated portion of the building. Students shall not be 5 18 present in the untreated portion of the building for normal 5 19 academic instruction or organized extracurricular activities 5 20 for at least twelve hours. 5 21 b. Access to the treated portion of the building, plus a 5 22 buffer zone as prescribed by the secretary, shall be 5 23 restricted for twenty=four hours. In all such applications, 5 24 the school shall make every effort to prevent the pesticide 5 25 from migrating into the untreated portion of the building, 5 26 including sealing doors and windows from the treated portion 5 27 of the building. 5 28 4. Under no circumstances shall pesticides be applied in a 5 29 school building or on school grounds when students are present 5 30 in the school building or on school grounds for normal 5 31 academic instruction or organized extracurricular activities 5 32 except as provided in section 206.41, subsection 3. 5 33 5. The secretary shall adopt rules establishing standards 5 34 for pesticide application on school grounds, including but not 5 35 limited to the buffer areas around the treated portion of the 6 1 grounds in which students will not be permitted for twenty= 6 2 four hours after application, and establishing procedures for 6 3 pesticide applications in school buildings and on school 6 4 grounds of schools in which students are in residence. 6 5 Sec. 6. NEW SECTION. 206.44 PERIMETER TREATMENT OF 6 6 SCHOOL BUILDINGS. 6 7 1. The secretary shall adopt rules defining a perimeter 6 8 treatment of a school building and adopt by rule definitions 6 9 provided by federal law for the purpose of indoor pesticide 6 10 treatment. 6 11 2. The odoriferous pesticides profenofos, sulprofos, def 6 12 and merphos, and other pesticides with similar odoriferous 6 13 characteristics shall not be applied within one=fourth mile of 6 14 a school except by soil injection. 6 15 3. Highly toxic pesticides and paraquat may be applied 6 16 within one=fourth mile of a school only if authorized 6 17 activities at the school are scheduled to occur after the 6 18 reentry time period assigned to the pesticide by provisions of 6 19 the product label elapses. 6 20 4. A school administrator at the school shall be notified 6 21 of the application of pesticides by aircraft in the vicinity 6 22 of the school as prescribed by the department by rule. 6 23 5. For purposes of this section, distances shall be 6 24 measured from the property boundary of a school closest to the 6 25 area to be sprayed. Nothing in this section shall be 6 26 construed to permit the application of pesticides in such a 6 27 way as to cause drift within the grounds of a school, but 6 28 compliance with subsections 1 through 4 and the requirements 6 29 of the pesticide label establishes a presumption of compliance 6 30 with this section. 6 31 Sec. 7. NEW SECTION. 206.45 EXEMPTIONS. 6 32 1. The use of disinfectant and antimicrobial products are 6 33 exempt from the notification and recordkeeping requirements of 6 34 section 206.41 and from the restrictions on application set 6 35 forth in section 206.43. 7 1 2. Application of self=contained bait packages placed in 7 2 areas not accessible to students are exempt from the 7 3 notification requirements of section 206.41 and from the 7 4 restrictions on application set forth in section 206.43. 7 5 Sec. 8. NEW SECTION. 206.46 REIMBURSEMENT FOR INCREASED 7 6 COSTS. 7 7 The state shall reimburse a school district for increased 7 8 costs associated with the implementation of sections 206.40 7 9 through 206.44 if the school district can demonstrate the 7 10 increased costs for the district, after adjusting for savings 7 11 from reduced pesticide use. Costs for implementing the 7 12 notification requirements of section 206.41 shall not be 7 13 eligible for reimbursement unless the school district can 7 14 demonstrate a compelling need to use other than normal school 7 15 communications to notify a parent or guardian in a timely 7 16 fashion. The secretary shall adopt rules establishing 7 17 standards that specify reasonable costs eligible for 7 18 reimbursement, a schedule for submission of reimbursement 7 19 requests by school districts, and procedures for review and 7 20 verification of reimbursement requests. The reimbursement 7 21 shall be paid from moneys appropriated for this purpose to the 7 22 department of agriculture and land stewardship. 7 23 Sec. 9. EFFECTIVE DATE. This Act takes effect January 1, 7 24 2008. 7 25 EXPLANATION 7 26 This bill requires the board of directors of each school 7 27 district and the authorities in charge of each accredited 7 28 nonpublic school to adopt an integrated pest management plan 7 29 that incorporates the standards developed by the secretary of 7 30 agriculture and the director of the department of education, 7 31 provides for parental notification requirements regarding 7 32 pesticide applications within a school or on school grounds, 7 33 and, from moneys appropriated to the department of agriculture 7 34 and land stewardship for such reimbursements, provides for the 7 35 reimbursement of school districts whose costs for implementing 8 1 the plan and notification requirements exceed the savings from 8 2 reduced pesticide use. 8 3 The bill directs the secretary of agriculture and the 8 4 director of the department of education to develop, in 8 5 collaboration with the advisory committee created pursuant to 8 6 Code section 206.23, and implement integrated pest management 8 7 plan standards not later than March 1, 2008; and to prepare 8 8 model integrated pest management plans, materials, training, 8 9 and assistance, which the department of agriculture shall 8 10 provide to schools. 8 11 The bill requires certified applicators and pesticide 8 12 application technicians to supply, prior to applying an indoor 8 13 pesticide treatment at a school building, a pest control 8 14 information sheet and a pest control notification sign to the 8 15 chief administrator or the chief administrator's designee, who 8 16 must post the pest control notification sign in conspicuous 8 17 view in an area of common access for at least 72 hours before 8 18 and at least 48 hours following each planned treatment, 8 19 provide copies of the pest control information sheet to every 8 20 individual working in the school building at least 72 hours 8 21 before each planned treatment, and provide notice in writing 8 22 to the parents and guardians of the students who attend 8 23 classes in the building at least 72 hours before each planned 8 24 treatment. 8 25 The requirements relating to applying an outdoor pesticide 8 26 treatment anywhere on school grounds are similar. A school 8 27 must also include information in its registration materials 8 28 that the school periodically applies pesticides indoors and on 8 29 school grounds, and that information on the pesticides is 8 30 available at the request of a parent or guardian. 8 31 The secretary of agriculture is directed to adopt rules 8 32 regulating emergency pesticide applications. The board of 8 33 directors of each school district and the authorities in 8 34 charge of each accredited nonpublic school must maintain 8 35 detailed records of all pesticide applications for at least 9 1 three years. 9 2 The standards for an integrated pest management control 9 3 plan must include a requirement that the least toxic methods 9 4 available to control pests, rodents, insects, and weeds be 9 5 used; a hierarchy of treatments that schools must use in 9 6 controlling pests; and a uniform pest control notification 9 7 sign that measures at least 8.5 inches by 11 inches in size to 9 8 be utilized in school buildings and on school grounds. 9 9 The bill prohibits any person other than a certified 9 10 applicator or pesticide application technician from applying 9 11 pesticides within any school building or on the grounds of any 9 12 school, and specifies the conditions and times when a 9 13 pesticide may be applied in a school building and on school 9 14 grounds. 9 15 The bill requires the secretary of agriculture to adopt 9 16 rules defining a perimeter treatment, and prohibits the 9 17 application of certain odoriferous pesticides within one= 9 18 fourth mile of a school, except by soil injection. Other 9 19 highly toxic pesticides may be applied within one=fourth mile 9 20 of a school only when authorized activities at the school are 9 21 scheduled to occur after the reentry time period assigned to 9 22 the pesticide by provisions of the product label elapses. 9 23 The use of disinfectant and antimicrobial products are 9 24 exempted from the notification and recordkeeping requirements. 9 25 The application of self=contained bait packages placed in 9 26 areas not accessible to students is exempted from the 9 27 notification requirements and from the restrictions on 9 28 application. 9 29 The bill takes effect January 1, 2008. 9 30 The bill may include a state mandate as defined in Code 9 31 section 25B.3. 9 32 LSB 1446HH 82 9 33 kh:nh/gg/14