An Act To Revise Notification Requirements for Pesticides Applications Using Aircraft or Air-carrier Equipment
Maine Legislature, Session 124, LD 1547
Committee: Agriculture, Conservation and Forestry
Sponsors: O'BRIEN, BERRY, KENT, MAZUREK, PIEH, PIOTTI, SAVIELLO, SMITH
Amends: 22 MRSA §1471-Y, 22 MRSA §1471-Z

MAINE STATE LEGISLATURE 
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124th MAl E LEGISLATURE 
Legislative Document 
No. 1547 
H.P.1089 
House of Representatives, December 21,2009 
An Act To Revise Notification Requirements for Pesticides 
Applications Using Aircraft or Air-carrier Equipment 
(EMERGENCY) 
Approved for introduction by a majority ofthe Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 17,2009. Referred to the Committee on 
Agriculture, Conservation and Forestry pursuant to Joint Rule 308.2 and ordered printed 
pursuant to Joint Rule 401. 
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Presented by Representative O'BRIEN of Lincolnville. 
Cosponsored by Representative BERRY of Bowdoinham and 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: KENT of Woolwich, MAZUREK of Rockland, McCABE of Skowhegan, 
PIEH of Bremen, PIOTTI of Unity, SAVIELLO of Wilton, SMITH of Monmouth. 
Prinlcd Olll'ccycbJ puper 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjourm'nent unless enacted as emergencies; and 
Whereas, it is in the public interest to inform citizens of celtain pesticides 
applications occurring in proximity to populated areas; and 
Whereas, revIsIons are needed to facilitate implementation of the established 
notification and registry provisions in the laws governing pesticides applications; 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, 
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Be it enacted by the People ofthe State of Maine as follows: 
Scc. 1. 22 MRSA §1471-Y. as enacted by PL 2009, c. 378, § 1, is amended to 
read: 
§1471-Y. Notification of outdoor pesticides application using aircraft or air-carrier 
equipment 
A land manager may not apply pesticides using aircraft or air-carrier equipment 
unless the notification requirements of this section are met. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Air-carrier equipment" means afIJ' application equipment that uses a 
mechanically generated airstream to propel spray droplets. "Air-carrier equipment" 
does not include air-assisted application equipment in which the airstream is directed 
downward into the target canopy or backpack sprayers that direct the airstream into 
the target canopy. 
B. "Land manager" means the owner of the land, a person leasing the land, or a 
person, firm, company or other legal entity designated by the owner to manage the 
land, vegetation on the land or pests occurring on the land. 
C. "Neighbor" means an owner, lessee or occupant of a property that abuts or lies 
within 1,320 feet of aft the intended spray area. 
D. "Sensitive area likely to be occupied" means an area where humans are likely to 
be present, including: 
(1) Residential buildings, together with any associated maintained areas likely to 
be occupied by humans, such as lawns, gardens, recreational areas and livestock 
management and housing areas; 
(2) School buildings, together with any associated maintained areas likely to be 
occupied by humans, such as playgrounds and athletic fields and COUltS; 
Page I - 124LR2067(OI)-1 
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(3) 
Commercial, institutional or other structures likely to be occupied by 
humans, together with any associated maintained areas such as lawns, gardens, 
parking and recreational areas; and 
(4) Maintained recreational areas, including campgrounds, picnic areas, marked 
roadside rest areas, marked hiking trails, park and recreation facilities, athletic 
fields and other areas for organized sports or recreation, but not including trails 
located on privately owned lands that are used by permission of the landowner. 
2. 
Notification. 
A Except as provided in section 1471-AA, a land manager 
intending to conduct application of pesticides using aircraft or air-carrier equipment shall 
provide 'twitten notification to residents and managers of buildings on abutting property at 
least 90 days prior to the first date of pesticides application make a good faith effort to 
notify an owner, lessee or manager of a sensitive area likely to be occupied that abuts and 
lies within 1,320 feet of the intended spray area on or before March 1st of the first year in 
which a pesticide application occurs and every 3rd year thereafter. The notification must 
be provided in accordance with subsection 5 and include: 
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A. A general description of the method of application that is likely to occur; 
B. 
The pesticides application schedule and circumstances under. '""hich the 
application is likely to take place An approximate schedule of when pesticide 
applications generally occur; 
C. The commercial and scientific names ~ 
of pesticides likely to be applied; and 
D. Reference to the registry of citizens developed and maintained by the board under 
section 1471-Z and a description of how to be placed on the registry. 
Notification in compliance with this subsection fu.I.ftI.s fulfills the notification requirement 
for 3 years unless the information provided under paragraph A,B OF C changes. 
3. Obligations to provide information to neighbors on registry. A Except as 
provided in section 1471-AA, a land manager intending to conduct an outdoor application 
of pesticides using aircraft or air-carrier equipment shall access the registry of citizens 
under section 1471-Z to determine any neighbors on the registry of citizens and shall 
provide those neighbors with notification in accordance with subsection 5 and at least 24 
hours but not more than 7 days in advance of the application of. Notification must be 
provided no later than the day before and no earlier than 7 days before the day of the 
application and must include: 
A. The date and approximate time of application; 
B. The'type of equipment to be used and the manner in which the pesticides will be 
applied; 
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C. The commercial and scientific brand names and the United States Environmental 
Protection Agency's registration numbers for the pesticides to be used and, upon 
request, the material safety data sheets for the pesticides or copies of pesticides 
tabels;and 
D. Contact information for the land manager. 
Upon the request of a neighbo"r receIving notification under this subsection, a land 
manager shall provide the material safety data sheets for the pesticides being used or 
copies of the pesticides labels. A land manager is not required to postpone an application 
pending delivery of the requested information. 
4. 
Records maintained. 
A land manager shall maintain current records of 
communications with neighbors regarding an outdoor application of pesticides using 
aircraft or air-carrier equipment and the dates and ineans by which the notification 
required under subsection 2 was provided. Such records must be maintained for 3 years 
and must be available for inspection by the board or its staff at reasonable times for the 
purposes of investigating a complaint. The board shall supply forms for recording this 
information and the land manager shall use these forms. A land manager shall maintain a 
list of people receiving notification under subsection 2 or information under subsection 3 
who ask not to be contacted in the future. A land manager may refrain from sending 
future notifications to these individuals. 
5. Means of notification. A land manager conducting or contracting for a pesticides 
application using aircraft or air-carrier equipment shall make a good faith effort to convey 
the information required in subsections 2 and 3 .. Acceptable means of notification 
include: 
A. Personal delivery of notification forms; 
B. Mailing notification forms through the United States Postal Service; or 
C. Electronic mailing of notification forms. 
Telephone calls, either personal or automated, are an acceptable means of notification 
under subsection 3. To the extent possible, the land manager shall use the preferred 
means of communication identified by registrants under section 1471-Z, subsection 1, 
paragraph F. 
Sec. 2. 22 MRSA §1471-Z, as enacted by PL 2009, c. 378, §2, is amended to 
read: 
§1471-Z. Registry of citizens requesting additional information 
The board shall develop and maintain a registry of residents and property owners in 
the State who request te that their properties be placed on a registry for the purpose of 
receiving information on the outdoor application of pesticides using aircraft or air-carrier 
equipment in addition to the information required under section 1471-Y. 
1. Development of a registry of citizens. The board shall solicit participation in a 
registry of citizens through newspaper articles, public notices distributed to municipal 
offices and a notice posted on the board's publicly accessible website. +e For a property 
to be placed on the registry, a person must submit to the board, using a form provided on 
the board's publicly accessible website or a paper copy provided by the board upon 
request, the following information: 
A. The person's full name; 
B. The person's telephone number; 
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C. The physical location of the property oVlfled, leased or occupied by the person 
registering being registered, including the street address if available. The location 
must be described If a street address is not available, longitude and latitude 
coordinates or a description of the property in sufficient detai I to be located on a 7.5 
or 15 minute series topographical map produced by the United States Geological 
Survey or a maD ofeauivalent or sUDerior detail must be provided; 
D. The persofl's mailing address at which the person prefers to receive notification; 
ana 
E. 
The person's e-mail address7, if available, regularly used and acceptable for 
notification purposes; and 
F. The person's preferred means of communication. 
Any resident, owner or lessee of property in the State is entitled to be placed on the 
registry of citizens. A fee may not be charged to register. Persons remain on the registry 
until they notify the board in writing that they want to be removed from the registry or 
until the board staff determines that the contact is no longer valid. 
2. Registry updates. The board shall annually update the registry and no later than 
April 1st of each year distribute or otherwise make available to land managers an updated 
registry. 
A person requesting that that person's property be placed on the registry must submit the 
information required in subsection 1 no later than March 15th of a given year to receive 
notifications under section 1471-Y, subsection 3 in that year. 
Sec. 3. 22 MRS A §1471-AA is enacted to read: 
§1471-AA. Waiver from notification requirements 
Upon receipt of a petition from the Commissioner of Conservation, the 
Commissioner of Agriculture, Food and Rural Resources or the Commissioner of Health 
and Human Services, the board may waive the notification requirements under section 
1471-Y for pesticides applications when the board determines that severe pest outbreaks 
or weather conditions conducive to severe pest outbreaks: 
1. Public health emergency. Present a public health emergency; or 
2. Threat. Threaten significant natural resources or economic loss. 
The board may waive the notification requirements under this section only when 
immediate, wide-scale aerial applications are necessary. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill: 
1. Excludes backpack sprayers from the definition of "air-carrier equipment"; 
2. 
Adds a definition for "sensitive area likely to be occupied" and requires land 
l1ianagers to make a good faith effort to inform owners, lessees and managers of these 
areas of intended pesticides applications when the sensitive area abuts and lies within 
1,320 feet of the intended spray area; 
3. Requires that notifications be sent by March 15th rather than 90 days prior to the 
first application; 
4. Clarifies that an approximate schedule of when applications are likely to occur 
suffices for notification and removes the obligation to update the notification information 
more than once every 3 years; 
5. Allows the information sent to participants in the pesticide information registry to 
be provided at any time the day before an application rather than a minimum of 24 hours 
before an application; 
6. 
Specifies that brand names rather than commercial and scientific names of 
pesticides be provided to registry participants; 
7. Specifies that a registrant's request for material safety data sheets or a pesticide 
label does not require a land manager to postpone an application; 
8. Directs a land manager to use the registrant's preferred means of communication 
when providing required information; 
9. Revises the information required to be provided by registrants with respect to the 
locations of their properties; 
10. 
Provides that the registry contain a registrant's preferred means of 
communication; 
11. 
Establishes a deadline of March 15th for registrants who want to receive 
information during the upcoming spray season and a deadline of April 1 st for the board to 
make the updated registry available to land managers; and 
12. Authorizes waivers of notification requirements when public health or natural 
resources are threatened. 
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