An Act To Protect Children from Toxic Chemicals in Schools
Maine Legislature, Session 122, LD 1157
Committee: Natural Resources
Sponsors: KOFFMAN, RA YE, CURLEY, DAVIS, GOLDMAN, PLUMMER, RICHARDSON, COWGER

Legislative Document 
No. 1157 
H.P.800 
House of Representatives, March 8,2005 
An Act To Protect Children from Toxic Chemicals in Schools 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator RA YE of Washington and 
!r/~/J1.~~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CURLEY of Scarborough, DAVIS of Falmouth, GOLDMAN of Cape 
Elizabeth, McFADDEN of Dennysville, McKANE of Newcastle, PLUMMER of Windham, 
RICHARDSON of Warren, Senator: COWGER of Kennebec. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec.t. 38 MRS A c. 24, sub-c. 9 is enacted to read: 
SUBCHAPTER 9 
FUNDING FOR REMOVAL OF PESTICIDES AND 
OTHER HAZARDOUS MATERIALS FROM SCHOOLS 
§224l. 
Definitions 
As 
used in this subchapter I 
unless the context otherwise 
indicates, the following terms have the following meanings. 
.l~litri,bJA_t..OJ_. __ 
"_Pi~tributo_:(-'-'---IlJEHU1S a pelion who sells or 
distributes general use pesticides in wholesale guantities to 
licensed general use pesticide dealers in the State for retail 
~ 
2. 
General use pesticide. 
"General use pesticide" has the 
same meaning as in Title 22, section 1471-C, subsection 11-B. 
3. 
Unit. 
"Unit" means an individual container of pesticide 
of any size distributed, or to be distributed, to retailers for 
purchase by a consumer. 
"Unit" includes, but is not limited to, 
containers such as bags, boxes, bottles and cans. 
§2242. 
Fee on general use pesticides 
Beginning January 1, 
2006, 
a 
fee of 
30t is 
imposed on 
distributors for each unit of general use pesticides distributed 
within the State. 
This section does not apply to a pesticide 
product 
exempt 
from 
licensing 
requirements 
under 
Title 
22, 
section 
1471-W, 
subsection 
5. 
Beginning 
in 
2007, 
the 
fee 
reguired under this section and copy of the report reguired under 
Title 22, section 14 7l-W, subsection 3 for the prior calendar 
year are due from each distributor to the department by March 
31st annually. 
§2243. 
Administration 
1. 
Collecti~n and dePQsit of revenue. 
The department shall 
establish procedures to collect the fee in section 2242. 
All 
fees collected by the department under this section must 
be 
deposited in the Maine Solid Waste Management Fund established 
under section 2201. 
The fee required by section 2242 must be 
accompanied by a copy of the annual report reguired of pesticide 
distributors under Title 22, section l47l-W, subsection 3. 
Page l-LR1297(l) 
2. 
Purposes of fee~..d disbursgment of revenue. 
Revenues 
derived from the fee imposed by section 2242 may be disbursed 
from the Maine Solid Waste Management Fund established under 
section 2201: 
A. 
For 
the 
dru;1~Q.rtmen_~~manage the 
inventorying 
and 
removal of hazardous materials, including pesticides from 
public schools ~dvate schools that enroll at least 60°'0 
publicly funded students; 
=B-=-._~T"-,o><---"d,-"e,--,v,-,e"-,l,,-,o"-.p<:---,,a=n,,-,d,,,--~c OM uc t-.tr ai n:i. ng, ed uc at i on and 0 u t reach 
activities at schools 
on appropriate hazardous materials 
purchasing and use and management of hazardous waste and 
pesticides; and 
c. 
To 
manage 
and 
administer 
the 
Maine 
Solid 
Waste 
Management Fund as it pertains to the pesticide fee under 
section 2242. 
§2244. 
Rules 
The department may adopt rules to carry out the purposes of 
this subchapter. 
Rules adopted pursuant to this section are 
routine technical rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
SUMMARY 
JO 
The purpose of this bill is to generate revenue to continue 
and 
expand 
the 
efforts 
of 
the 
Department 
of 
Environmental 
Protection to assist schools with the safe removal and disposal 
of hazardous materials, such as pesticides, mercury compounds and 
toxic, 
flammable and explosive laboratory and other chemicals. 
Revenue is generated by a 30t fee on each unit of general use 
pesticide distributed for retail sale in this State. 
The fee is 
assessed at the distributor level and does not apply to bulk 
containers 
of 
restricted 
or 
agricultural and commercial use. 
limited 
use 
pesticides 
for