An Act To Revise Notification Requirements for Pesticides Applications Using Aircraft or Air-carrier Equipment
Maine Legislature, Session 124, LD 1547
Committee Amendment CA_A_H725 (House)
Amends: 22 MRSA §1471-A

COMMITTEE AMENDMENT" A " to H.P. 1089, L.D. 1547, Bill, "An Act To 
Revise Notification Requirements for Pesticides Applications Using Aircraft or Air-
carrier Equipment" 
Amend the bill in the emergency preamble by striking out all of the 3rd indented 
paragraph (page 1, lines 5 and 6 in L.D.) and inserting the following: 
'Whereas, revisions are needed to increase awareness of and compliance with 
registry provisions in the laws governing pesticides applications; and' 
Amend the bill by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 22 MRS A §1471-Y, as enacted by PL 2009, c. 378, § 1, is repealed. 
Sec. 2. 22 MRS A §1471-Z, as enacted by PL 2009, c. 378, §2, is amended to 
read: 
§1471-Z. Registry of property requiring notification for pesticides applications 
The board shall develop and maintain a registry of the properties of residents, lessees 
and property owners in the State who request te that their properties be placed on a 
registry for the purpose of receiving information on in order that the residents, lessees and 
owners receive advance notification of the outdoor application of pesticides using aircraft 
or air carrier equipment in addition to the information required under section 1471 Y. 
1. Development of registry. The board shall solicit participation in a the 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; 
Page I - 124LR2067(02)-1 
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COMMITTEE AMENDMENT" ~, to H.P. 1089, L.D. 1547 
C. The physical location of the property ovmed, 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 detail to be located on a 7.5 
or 15 minute series topographical map produced by the United States Geological 
Survev OF a man of eauivalent or sunerior detail must be provided; 
D. The person's mailing address at which the person prefers to receive notification; 
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E. 
The person's e-mail address~ if available, regularly used and acceptable for 
notification purposes; and 
F. The person's preferred means of notification. 
Any resident, owner or lessee of property in the State is entitled to be have that property 
placed on the registry of citizens. A fee may not be charged to register. Persons Property 
must remain on the registry until they notify the resident, owner or lessee notifies the 
board in writing that they want the property is to be removed from the registry or until the 
board staff determines that the contact is no longer valid. 
2. Obligations to provide information to people on registry. A land manager 
intending to conduct an outdoor application of pesticides using aircraft or air-carrier 
equipment shall access the registry to identify any person entitled to notification under 
subsection 3 and, except as provided in subsections 5, 6 and 7, shall provide that person 
with notification no later than the day before and no earlier than 7 days before the day of 
the application: The notification 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; 
C. 
The brand names and the United States Environmental Protection Agency's 
registration numbers for the pesticides to be used; and 
D. Contact information for the land manager. 
Upon the request of a person 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. 
3. Criteria requiring notification. A land manager is required to notify a person 
whose property is on the registry if: 
A. Pesticides are being applied using aircraft and the registered property lies within 
1,320 feet of the intended spray area; 
B. Except as provided in paragraph C, pesticides are being applied using air-carrier 
equipment and the registered property lies within 1,320 feet of the intended spray 
area; or 
COMMITTEE AMENDMENT 
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COMMmEE AMENDMENTP"", H.P. 1089, L.D. 1541 
C. Pesticides are being applied using air-carrier equipment into the crowns of fruit 
trees or Christmas trees and the registered property lies within 500 feet of the 
intended spray area. 
4. 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 subsection 2. Acceptable means of notification include: 
A. Personal delivelY of notification forms; 
B. Mailing notification forms through the United States Postal Service; 
C. Electronic mailing of notification forms; 
D. Telephone calls, either personal or automated; or 
E. Other means determined acceptable by the board. 
5. 
Delayed notification acceptable. 
A land manager using integrated pest 
management, as defined in Title 7, section 2401, may provide the information required 
under subsection 2, paragraphs A to D on the day of the application but prior to the 
application when an immediate threat to a crop arises and a delay would: 
A. Result in significantly greater crop damage; or 
B. 
Necessitate a more extensive application of pesticides or use of more toxic 
pesticides. 
A land manager providing delayed notification under this subsection shall inform the 
board no later than 10 days after the application of the circumstances necessitating the 
application and provide any other information required in rules adopted under subsection 
9. 
6. Waiver for public health emergencies and pest outbreaks that threaten severe 
economic or natural resource loss. The board may waive notification requirements 
under subsection 2 in the event of a pest management emergency declared by the 
Governor or the commissioner, the Commissioner of Conservation or the Commissioner 
of Agriculture, Food and Rural Resources. 
7. Applicability. The notification requirements under subsections 2 and 3 do not 
apply to: 
A. Aerial pesticides applications subject to and conducted in compliance with section 
1471-R and rules adopted to implement section 1471-R; and 
B. 
Outdoor nonagricultural pesticides applications conducted in compliance with 
notification requirements for individuals on the registry established in rules adopted 
under section 1471-M, subsection 2, paragraph D. 
This subsection is repealed January 1, 2012. 
8. Records maintained. The board shall require a land manager to maintain records 
sufficient to determine compliance with this section. The board shall establish record-
keeping requirements through rulemaking under subsection 9. 
9. Rulemaking. The board shall adopt rules to implement this section. The rules 
may provide additional means of identifying property registered under subsection 1 and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" An to H,P, 1089, L.D, 1547 
alternate means of providing notification under subsection 2. Notwithstanding Title 7, 
section 610, subsection 6, paragraph B, rules adopted or amended in 2010 to implement 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Beginning January 1, 2011, revisions to rules adopted under this subsection are major 
substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
10. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Air-carrier equipment" means any application equipment that uses a 
mechanically generated airstream to propel spray droplets. "Air-carrier equipment" 
does not include backpack sprayers or air-assisted application equipment in which the 
airstream is directed downward into the target canopy. 
B. "Land manager" means the owner of the land upon which pesticides are to be 
applied, 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. 
Sec. 3. 22 MRSA §1471-AA is enacted to read: 
§1471-AA. Awareness of outdoor pesticides applications; role of the board 
1. Public awareness. The board shall increase awareness of the registry established 
under section 1471-Z using newspapers, public notices distributed to municipal offices 
and notices posted on the board's publicly accessible website and through cooperative 
efforts with other state agencies and private organizations. 
2. 
Acceptance of funds. 
The board may accept gifts, donations, grants and 
matching funds from any private or public source for the purposes of publicizing the 
registry under section 1471-Z, developing efficient mechanisms for land managers, as 
defined in that section, to access the registry and promoting compliance with that section, 
The board shall deposit all funds accepted for these purposes with the Treasurer of State 
to be credited to the board's speciaJ fund under Title 7, section 621. Any gift, donation, 
grant or matching funds accepted with a stipulated purpose may be used only for that 
purpose. 
Sec. 4. 
Awareness of registry for receiving pesticides application 
information. 
Until July 1, 2010, the Department of Agriculture, Food and Rural 
Resources, State Board of Pesticides Control shall concentrate its efforts under the Maine 
Revised Statutes, Title 22, section 1471-AA to raise awareness of the registry under Title 
22, section 1471-Z and its purpose in areas of the State where pesticides applications 
using aircraft and air-carrier equipment occur and shall conduct outreach with land 
managers engaged in aerial and air-carrier applications to maximize understanding of and 
compliance with the requirements of Title 22, section 1471-Z, subsection 3. In June 
2010, the board shall update the registry, and the board shall make the updated registry 
available to land managers no later than July 1,2010. 
Sec. 5. 
Directive to State Board of Pesticides Control to establish 
comprehensive notification registry. 
The Department of Agriculture, Food and 
Rural Resources, State Board of Pesticides Control shall work to develop a 
comprehensive notification registry as a single source for accessing information on 
COMMITTEE AMENDMENT 
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COMMl1TEE AMENDMENT .. A 
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registered properties and the notification of persons entitled to be notified under the 
Maine Revised Statutes, Title 22, sections 1471-R and 1471-Z and under Chapter 28 and 
Chapter 51 of the rules of the board. 
The board may provisionally adopt major substantive rules under Title 22, section 
1471-Z, subsection 9 that expand the requirement that land managers consult the 
comprehensive notification registry before conducting pesticides applications using 
aircraft or air-carrier equipment to include other types of outdoor applications and that 
modify and incorporate into the comprehensive notification registry notification 
requirements for persons currently entitled to notification of pesticides applications under 
Chapter 28 or Chapter 51 of the rules of the board or otherwise entitled to notification. 
The rules must specify distances from the intended application area within which a 
person must be notified before application of pesticides based on the type of equipment 
used and other criteria considered appropriate by the board. The board shall consider 
options for efficiently notifying people with registered property and may establish 
acceptable methods of notification in rule. 
Sec. 6. Report to legislative committee. The Department of Agriculture, Food 
and Rural Resources, State Board of Pesticides Control shall submit a report, including 
suggested legislation, to the joint standing committee of the Legislature having 
jurisdiction over agricultural matters no later than February 1, 2011 on: 
1. 
Progress made in working towards a comprehensive notification registry for 
persons who want to receive specific information about outdoor pesticides applications; 
and 
2. Recommendations regarding changes to the distances and types of applications 
requiring notification under the Maine Revised Statutes, Title 22, section 1471-Z, 
subsection 3. 
Sec. 7. Legislation authorized. The joint standing committee of the Legislature 
having jurisdiction over agricultural matters may submit a bill to the 125th Legislature 
regarding the report under section 6. 
Sec. 8. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
AGRICULTURE, FOOD AND RURAL RESOURCES, DEPARTMENT OF 
Pesticides Control - Board of 0287 
Initiative: Allocates one-time funds for a campaign to raise awareness about the 
pesticides notification registry. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2009-10 
$25,000 
$25,000 
COMMITTEE AMENDMENT 
2010-11 
$0 
$0 
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COMMITTEE AMENDMENT "~ " to H.P. 1089, L.D. 1547 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on 
Agriculture, Conservation and Forestry. It replaces the bill. 
The amendment repeals the requirement for preseason notification of the intent to 
apply pesticides using aircraft or air-carrier equipment. 
The amendment directs the Department of Agriculture, Food and Rural Resources, 
Board of Pesticides Control to develop a registry of property requiring notification for 
pesticides applications that can be used to notify people of pesticides applications in 
addition to aerial and air-carrier applications. The amendment directs the board to take 
certain actions to increase awareness of the registry and to accept donations and grants to 
promote awareness of the registry, to develop efficient mechanisms for accessing the 
registry and to promote compliance. 
The amendment establishes requirements for land managers notifying persons on the 
registry, including maximum distances for applications using aircraft and air-carrier 
equipment, and specifies situations in which delayed notification is acceptable. 
The 
amendment provides that notification is not required for aerial pesticides applications to 
control forest pests and other applications covered under the Maine Revised Statutes, 
Title 22, section 1471-R when those applications are in compliance with the rules of the 
board or for nonagricultural pesticides applications when those applications are in 
compliance with rules in effect for the registry. 
The amendment authorizes waivers of notification requirements when public health 
or natural resources are threatened. 
The amendment directs the board to focus its awareness campaign and outreach 
efforts through June 2010 in areas of the State where pesticides are applied using aircraft 
or air-carrier equipment, authorizes the board to adopt certain rules as routine technical 
rules in 2010, directs the board to establish a comprehensive notification registry for 
persons who want information on outdoor pesticides applications and requires the board 
to report to the legislative committee of jurisdiction no later than February 1, 2011 
regarding the comprehensive notification registry and notification requirements. 
The 
amendment directs the board to recommend legislation and authorizes the committee of 
jurisdiction to submit a bill to the 125th Legislature regarding the comprehensive 
notification registry and notification requirements. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/10/10 ~~~ 
LD 1547 
LR 2067(02) 
An Act To Revise Notification Requirements for Pesticides Applications Using Aircraft or Air-carrier 
Equipment 
Fiscal Note for Bill as Amended by Committee Amendment I~" 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Pmjections 
2012-13 
Appropriations/ Allocations 
Other Special Revenue Funds 
$25,000 
$0 
$0 
$0 
Fiscal Detail and Notes 
The bill includes a one-time Other Special Revenue Funds allocation to the Depmiment of Agriculture, Food and 
Rural Resources of $25,000 in fiscal year 2009-10 for a campaign to raise awareness of the Maine Pesticide 
Notification Regish)'. Funds exist within this account to cover these costs. 
LR2067(02) - Fiscal Note - Page I of I