House File 128 



                                       HOUSE 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