An Act to Minimize the Risk to Maine's Marine Waters and Organisms Posed by the Application of Pestcides
Maine Legislature, Session 122, LD 1657
Committee Amendment CA_A_H885 (House)
Amends: 22 MRSA §1444, 22 MRSA §1445

COMMITTEE AMENDMENT "A" to H. P. 1168, 
Act To Minimize the Risk to Maine' s Marine 
Posed by the Application of Pesticides" 
L.D. 1657, Bill, "An 
Waters and Organisms 
Amend the bill by striking out everything after the title 
and before the summary and inserting in its place the following: 
. Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the spraying of pesticides to curtail browntail 
moth populations begins in the spring; and 
Whereas, action is needed to reduce the risk to marine 
organisms from pesticides used to curtail browntail moths; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1444, sub-§4 is enacted to read: 
4. 
Limits 
on 
pesticide 
applications. 
Pesticide 
applications near coastal waters in Cumberland, 
Sagadahoc and 
Page l-LR2342 (2) 
COMMITTEE AMENDMENT 
,,-, .. 
COMMITTEE AMENDMENT "A" to H.P. 1168, L.D. 1657 
York counties to control browntail moths must be in compliance 
with section 1445. 
This subsection is repealed March 31, 2007. 
Sec. 2. 22 MRSA §1445 is enacted to read: 
§1445. 
Restrictions on aePlication of pesticides to 
control browntail moths in co~stal areas 
This section applies to the application of pesticides to 
control browntail moths in coastal areas. 
For the purposes of 
this section, "coastal areas" means land in Cumberland, Sagadahoc 
and York counties abutting coastal waters as defined in Title 12, 
section 6001, 
subsection 6, 
except that coastal areas extend 
inland up rivers ang streams only as far as the first bridge. 
1. 
Prohibition on application of pesticides. 
A person may 
not apply a pesticide to control browntail moths on shade or 
ornamental trees within 50 feet of the mean high water mark in 
coastal areas. 
2. 
Restrictions on applications between 50 and 250 feet of 
mean high water mark. 
A person may not apply a pesticide to 
control browntail moths on shage or ornamental trees in coastal 
areas located between 50 and 250 feet from the mean high water 
mark except in accordance with this subsection. 
A. 
Only products with the active ingregients diflubenzuron, 
permethrin, tau-fluvalinate or cyfluthrin may be applied. 
B. 
Applications may be performed only with a hydraulic 
hand-helg spray gun. 
C. 
Applications may be performed only in a manner in which 
the applicator girects the spray away from marine waters. 
D. 
Applications may not be made when the wing is blowing 
toward marine waters. 
3. 
Rotification and submission of records. 
A commercial 
applicator, as defined in section 1471-C, 
subsection 5, shall 
notify the Boarg of Pesticides Control within the Department of 
Agriculture. Food and Rural Resources in advance of dates planned 
for spraying pesticides to control browntail moths in coastal 
area§. 
Upon request of the board, a commercial applicator shall 
submit spray records for such applications. 
4. 
Exemption. 
The prohibitions and restrictions in this 
section go not apply to biological pesticides or to the injection 
COMMITTEE AMENDMENT 
~.,. 
COMMITTEE AMENDMENT ,,~, to H.P. 1168, L.D. 1657 
of pesticides directly into the soil or into shade and ornamental 
trees. 
5. 
Repeal. 
This section is repealed March 31, 2007. 
Sec. 3. Board of Pesticides Control; monitoring project; report. 
The 
Department of Agriculture, Food and Rural Resources, Board of 
Pesticides Control shall develop a plan for monitoring hydraulic 
spray applications of pesticides allowed under the Maine Revised 
Statutes, 
Title 
22, 
section 
1445, 
subsection 
to 
control 
browntail moths 
in coastal areas. 
Monitoring must occur 
on 
selected 
sites 
where 
applica,tions 
are 
allowed 
under 
that 
subsection. 
The Department of Agriculture, 
Food and Rural Resources, 
Board 
of 
Pesticides 
Control, 
in 
consultation 
with 
an 
environmental 
risk 
advisory 
committee 
and 
the 
Lobster 
Conservancy, shall complete an assessment of risks and benefits 
relating to pesticide applications near marine waters. 
The board 
shall 
report its findings 
and 
recommendations 
to 
the 
joint 
standing committee of the Legislature having jurisdiction over 
agriculture, conservation and forestry matters by January 2, 2007. 
Sec. 4. Legislation authorized. 
The joint standing committee of 
the 
Legislature 
having 
jurisdiction 
over 
agriculture, 
conservation and forestry matters. may report out legislation to 
the First Regular Session of the 123rd Legislature relating to 
the application of pesticides near marine waters 
to control 
browntail moths. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment . replaces the bill. 
It establishes buffers 
and restrictions on the application of pesticides to control 
browntail moths in· coastal areas of Cumberland, Sagadahoc and 
York counties. 
These 
prov~s~ons are repealed March 31, 
2007. 
This amendment directs the Department of Agriculture, Food and 
Rural Resources, Board of Pesticides Control to monitor certain 
pesticide applications and to complete its assessment of risks 
and benefits of pesticide applications near coastal waters and to 
report to the joint standing committee of the Legislature having 
jurisdiction over agriculture, conservation and forestry matters 
by January 2, 2007. 
It authorizes the committee to report out 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1168, L.D. 1657 
legislation to the l23rd Legislature on pesticide applications in 
coastal areas. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/20106 ~ae. 
LD 1657 
LR2342(02) 
An Act to Minimize the Risk to Maine's Marine Waters and Organisms Posed by the Application of 
Pestcides 
Fiscal Note for Bill as Amended by Committee Amendment ft' 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
LR2342(2) - Fiscal Note - Page 1 of 1