An Act To Revise Notification Requirements for Pesticides Applications Using Aircraft or Air-carrier Equipment
Maine Legislature, Session 124, LD 1547
Committee Amendment CA_C_H727 (House)
Amends: 22 MRSA §1471-Y, 22 MRSA §1471-Z

COMMITTEE AMENDMENT" t" 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 by striking out everything after the enacting clause and before the 
emergency clause and inserting the following: 
'Sec. 1. 22 MRSA §1471-Y, as enacted by PL 2009, c. 378, §1, is amended to 
read: 
§1471-Y. 
Preseason notification of the intent to conduct outdoor pesticides 
application using aircraft or air-carrier equipment 
A land manager may not apply pesticides using aircraft or air-carrier equipment 
un less the preseason notification requirements of this section are met. 
1. 
Definitions. As used in this section and section 1471-Z, unless the context 
otherwise indicates, the following terms have the following meanings. 
A. 
"Air-carrier equipment" means aA]' 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, handheld sprayers or backpack sprayers. 
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. 
C. "Neighbor" means an owner, lessee or occupant of a property that abuts or lies 
within I ;320 feet of an area. 
D. "Areas likely to be occupied" means areas where humans are likely to be present, 
including residential buildings, school buildings, campgrounds and commercial, 
institutional or other structures. 
Page I ~ 124LR2067(04)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT'C" to H.P. 1089, L.D. 1547 
2. Preseason notification. A Except as provided in subsection 6, a land manager 
intending to conduct application of pesticides using aircraft or air-carrier equipment shall 
provide written notification to residents and managers of buildings on abutting property 
make a good faith effort to notify residents and managers of areas likely to be occupied 
that lie with 1,320 feet of the intended spray area. Notification must be sent at least 9G 1.1 
days prior to the first date of pesticides application. The notification must be provided in 
accordance with subsection 5 and include: 
A. A general description of the method of application that is likely to occur; 
B. 
The pesticides application schedule and circumstances under 'Nhich the 
application is likely to tilke place; 
8-1. An approximate schedule of when pesticides applications generally occur; 
C. The commercial and scientific names ~ 
of pesticides likely to be applied; and 
D. Reference to the registry of citizyns developed and maintained by the board under 
section 14 71-Z and a description of how to be placed on the registry. 
Notification in compliance with this subsection .fu+fi.I.s fulfills the notification requirement 
for 3 years unless the information provided under paragraph A, B or C changes. 
3. Obligations to pFovide infoFmation. 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 'Nith notification in accordance with subsection 
and at least 24 hours but not more than 7 days in advance of the application of: 
A. The date and approximate time of application; 
B. The type of equipment to be used and the manner in ' .... hich the pesticides will be 
applied; 
C. 
The commercial and scientific 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 
labels; and 
D. Contact information for the land manager. 
4. Records maintained. A land manager shall maintain records of communications 
"'lith neighbors regarding an outdoor application of pesticides using aircraft or air carrier 
equipment and the dates and means by which the notification required under subsection 2 
was provided. 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 'Nho ask not to be 
contacted in the future. A land manager may refrain from sending future notifications to 
these individuals. The board shall establish record-keeping requirements sufficient to 
determine compliance with this section. 
S. 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .,c.-. to H.P. 1089, L.D. 1547 
the information required in subsections subsection 2 a-n6--J. 
Acceptable means of 
notification include: 
A. Personal delivery of notification forms; 
B. Mailing notification forms through the United States Postal Service; or 
C. Electron ic mai ling of notification forms. 
Telephone calls, either personal or automated, are an acceptable means of notification 
under subsection 3. 
6. Authority to modify or waive preseason notification requirements. The board 
may modity or waive the notification requirements under subsection 2 when the 
Governor or the commissioner, the Commissioner of Conservation or the Commissioner 
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of Agriculture, Food and Rural Resources declares an emergency necessitating pesticides 
application using aircraft or air-carrier equipment to protect the public health or avel1 
severe economic or natural resource loss. 
7. Rulemaking. The board shall adopt rules to implement this section. The board 
may define in rule "areas likely to be occupied" to clarity who must receive preseason 
notification under subsection 2. 
Notwithstanding Title 7, section 610, subsection 6, 
paragraph B, rules adopted or amended in 20 I 0 to implement this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. Beginning January I, 
I I, revisions to rules adopted under this section are major substantive rules as defined 
ih Title 5, chapter 375, subchapter 2-A. 
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Sec. 2. 22 MRSA §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 sf 
citizens through newspaper articles, public notices distributed to municipal offices and a 
notice posted on the board's publicly accessible website. Te 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; 
C. The physical location of the property owned, 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT (~~, to H.P. 1089, L.D. 1547 
or 15 minute series topographical map produced by the United States Geological 
~lIJ"\lev OF a man of eauivalent OF suneFioF detail must be provided; 
D. The person's mailing address at which the person prefers to receive notification; 
aOO 
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 subsection 5, 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 shall notify a person whose 
property is on the registry if pesticides are being applied using aircraft or air-carrier 
equipment and the registered property lies with 1,320 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 delivery of notification forms; 
B. Mailing notification fonns 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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,~, to H.P. 1089, L.D. 1547 
5. 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. 
6. 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 7. 
7. Rulemaking. The board shall adopt rules to implement this section. The rules 
may provide additional means of identifying property registered under subsection I and 
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alternate means of providing notification under subsection 2. Notwithstanding Title 7, 
section 610, subsection 6, paragraph B, rules adopted or amended in 20 10 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 
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substantive rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. Compliance with preseason notification requirement for initial 3 
years, 2010-2012. 
Notwithstanding the Maine Revised Statutes, Title 22, section 
1471-Y, subsection 2, a land manager required to comply with the notification 
requirements under that subsection has 3 years from the effective date of this Act to 
notify all residents and managers entitled to notification under that subsection. 
Sec. 4. 
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 
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 7 that expand the requirement that land managers consult the 
comprehensive notification registry before conducting pestiCides applications using 
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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 establ ish 
acceptable methods of notification in rule. 
Sec. 5. 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 1,20 lion: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "C;to H.P. 1089, L.D. 1547 
I. 
Progress made in working towards a comprehensive notification registry for 
persons who want to receive specific information about outdoor pesticides applications; 
and 
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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. 6. 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 5.' 
SUMMARY 
This amendment is a minority report of the Joint Standing Committee on Agriculture, 
Conservation and Forestry. It replaces the bill and makes revisions to the preseason 
notification requirements enacted under Public Law 2009, chapter 378. It includes a 
definition for "areas likely to be occupied" and specifies that preseason notification need 
be sent only to residents and managers of areas likely to be occupied that lie within 1,320 
of an intended spray area. It requires the preseason notification to be sent a minimum of 
days prior to the first appl ication and allows the Department of Agriculture, Food and 
Rural Resources, Board of Pesticides Control to modify or waive the preseason 
notification requirements when there is a declared emergency. It directs the board to 
establish record-keeping requirements sufficient to determine compliance. It allows a 
land manager 3 years to initially notify all residents and managers entitled to preseason 
notification. 
The amendment directs the board 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 establ ishes 
requirements for land managers notifying persons on the registry, including the maximum 
distance for applications using aircraft and air-carrier equipment. 
The amendment authorizes waivers of notification requirements when public health 
or natural resources are threatened. 
The amendment authorizes the board to adopt certain rules as routine technical rules 
in 20 10, directs the board to establish a comprehensive noti·fication 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 I, 20 II 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. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 0311 011 0 .wac::.. 
LD 1547 
LR 2067(04) 
An Act To Revise Notification Requirements for Pesticides Applications Using Aircraft or Air-carrier 
Equipment 
Fiscal Note for Bill as Amended by Committee Amendment ,,~ 
Committee: Agriculture, Conse."vation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
Additional costs to the Department of Agric~tlture, Food and Rural Resources associated with the provisions of this 
legislation can be absorbed within existing budgeted resources. 
LR2067(04) - Fiscal Note - Page I of I