An Act To Revise Notification Requirements for Pesticide Application
Maine Legislature, Session 125, LD 0228
Committee Amendment CA_A-HA_C_H353 (House)

HOUSE AMENDMENT ,~" to COMMITTEE AMENDMENT "A" to H.P. 181, 
L.D. 228, Bill, "An Act To Revise Notification Requirements for Pesticide Application" 
Amend the amendment by striking out all of section 3 and inserting the following: 
'Sec. 3. Registry for notification of outdoor agricultural application of 
pesticides. 
The Department of Agriculture, Food and Rural Resources, Board of 
Pesticides Control, referred to in this section as "the board," shall develop and maintain a 
registry of the properties of residents, lessees and property owners in the State who 
request that their properties be placed on a registry in order that the residents, lessees and 
owners receive advance notification of the outdoor agricultural application of pesticides 
by aircraft or air-carrier equipment. This registry must be the only registry or system 
used by the board to form the basis of a mandatory notification system for outdoor 
agricultural applications of pesticides by aerial or air-carrier equipment. The registry 
developed by the board must confonn to the following requirements. 
1. Development of registry. The board shall solicit participation in the registry 
through newspaper articles, public notices distributed to municipal offices and a notice 
posted on the board's publicly accessible website. 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 e-mail address if available, regularly used and acceptable for primary 
notification purposes; 
C. The person's telephone number to be used for a secondary notification only if an 
e-mail address is not available; and 
D. The physical location of the property being registered, including the street address 
or, if a street address is not available, longitude and latitude coordinates or another 
board-approved method of determining property location. 
2. Fees; duration of inclusion; renewal; removal. Any resident, owner or lessee of 
property in the State is entitled to have that property placed on the registry. The board 
shall either require a fee of$20 to initially register or implement another method designed 
HOUSE AMENDMENT 
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HOUSE AMENDMENT ,,6 to COMMITTEE AMENDMENT "A" to H.P. 181, L.D. 228 
to minimize arbitrary registration. 
An annual renewal registration fee may not be 
charged. Registered property remains on the registry for a period of up to one year. A 
registrant shall update or confirm the registrant's contact information annually with the 
board. The effective period of the registry must be from March 1st to February 28th of 
the following year. 
Individuals must submit their request for inclusion on the next 
effective registry by December 31 st. All submissions received after that date must be 
included on the following year's registry. Individuals may notify the board at any time of 
changes in their listed registry residence; however, changes to the registry do not take 
effect until the following year's registry. An individual may not be considered officially 
included on the registry unless the individual's name appears on the current effective 
registry. 
The property of a registrant that has not updated or confirmed all of the 
registrant's contact information by the date set by the board must be removed from the 
registry. 
3. 
Obligation to provide information to persons on registry. 
A certified 
applicator 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 
and shall provide that person with notification or cause that person to be notified 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; 
D. Contact information for the certified applicator or the applicator's agent; and 
E. The location of the property that the certified applicator intends to spray. 
Upon the request of a person receiving notification under this subsection, a certified 
applicator or the applicator's agent shall provide the material safety data sheets for the 
pesticides being used or copies of the pesticides labels. A certified applicator is not 
required to postpone an application pending delivery of the requested information. 
4. Criteria requiring notification. Pesticides applications meeting the following 
criteria require notification to persons listed on the registry: 
A. Agricultural pesticide applications using air-carrier application equipment within 
feet of a property listed on the registry; and 
B. Agricultural pesticide applications using aircraft application equipment within 
1,000 feet of a property listed on the registry. 
5. Means of notification. A certified applicator conducting or contracting for an 
outdoor application of pesticides using aircraft or air-carrier equipment shall make a good 
faith effort to notify or cause to be notified a person entitled to the information. The 
certified applicator or agent must keep a record of the time and date of the notification. 
The preferred method of notification is electronic mailing of board-approved notification 
forms, if electronic mail is available, regularly used and acceptable for primary 
HOUSE AMENDMENT 
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HOUSE AMENDMENT '0' to COMMITTEE AMENDMENT "A" to H.P. 181, L.D. 228 
notification purposes. If electronic mail is not available in a specific instance, acceptable 
means of notification include: 
A. Personal delivery of board-approved notification forms; 
B. Telephone calls, either personal or automated; or 
C. Other means determined acceptable by the board. 
6. Rulemaking. The board shall adopt rules to implement this section. The rules 
may provide additional means of identifying property registered and alternate means of 
providing notification. Notwithstanding the Maine Revised Statutes, Title 7, section 610, 
subsection 6, paragraph B, rules adopted under this subsection are routine technical rules 
as defined in Title 5, chapter 375, subchapter 2-A. 
7. Development of mapping tool program. The board, within existing resources 
and in partnership with the Department of Administrative and Financial Services, Office 
of Information Technology, Maine Office of GIS, shall develop a notification registry 
mapping tool program based on ongoing collaborative programming by February 1,2013. 
The mapping tool program must include a geographic infonnation system that, when 
queried by the registrant or certified applicator, will be able to locate any registrant's 
physical address within requested distance parameters of a given proposed application 
area. 
Sec. 4. Board of Pesticides Control to amend rules. The Department of 
Agriculture, Food and Rural Resources, Board of Pesticides Control, referred to in this 
section as "the board," shall: 
1. Notification. Amend Rule Chapter 28, Section 2 to require notification to persons 
listed on the Maine Pesticide Notification Registry of: 
A. Nonagricultural pesticide applications within 250 feet of a property listed on the 
registry; 
B. 
Nonagricultural pesticide applications using air-carrier application equipment 
within 500 feet of a property listed on the registry; and 
C. Nonagricultural pesticide applications using aircraft application equipment within 
1,000 feet of a property listed on the registry; and 
2. Registration. Develop a method, other than the imposition of registration fees, 
designed to minimize the likelihood of arbitrary registration on the Maine Pesticide 
Notification Registry. The board may amend its rules to eliminate or reduce fees for 
registration under the Maine Pesticide Notification Registry and instead implement the 
alternative method. 
Notwithstanding the Maine Revised Statutes, Title 7, section 610, subsection 6, 
paragraph B, the amendment to Rule Chapter 28 under this section is routine technical 
rulemaking as defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
HOUSE AMENDMENT 
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HOUSE AMENDMENT 'U' to COMMITTEE AMENDMENT "An to H.P. 181, L.D. 228 
SUMMARY 
This amendment requires the Department of Agriculture, Food and Rural Resources, 
Board of Pesticides Control to develop and maintain a registry of the properties of 
residents, lessees and property owners in the State who request that their properties be 
placed on a registry in order that the residents, lessees and owners receive advance 
notification of the outdoor agricultural application of pesticides by aircraft or air-carrier 
equipment. It requires all registrants to update or confirm their contact information 
annually_ The amendment requires that by February 1, 2013 the board, in cooperation 
with the Department of Administrative and Financial Services, Office of Information 
Technology, Maine Office of GIS, develop a notification registry mapping tool program 
that includes a geographic information system that, when queried by the registrant or 
certified applicator, will locate any registrant's physical address within requested distance 
parameters of a given proposed application area. 
This amendment also requires the Board of Pesticides Control to amend its rules to 
require notification to persons listed on the Maine Pesticide Notification Registry of the 
following: 
A. Nonagricultural pesticide applications within 250 feet of a property listed on the 
registry; 
B. 
Nonagricultural pesticide applications using air-carrier application equipment 
within 500 feet of a property listed on the registry; and 
C. Nonagricultural pesticide applications using aircraft application equipment within 
1,000 feet of a property listed on the registry. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSOREDBY: ____ ~~~LL~~~~------
(Representative DILL) 
TOWN: Old Tow 
HOUSE AMENDMENT 
Approved: OS/25/11 ;b?ac 
LD228 
LR 790(12) 
An Act To Revise Notification Requirements for Pesticide Application 
Fiscal Note for House Amendment 'C> to Committee Amendment "A" 
Sponsor: Rep. Dill of Old Town 
Fiscal Note Required: Yes 
Fiscal Note 
Current biennium cost increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
The Department of Administrative and Financial Services, Office of Information Technology, has estimated the cost 
to develop and maintain a notification registry mapping tool program that includes a GIS system at $7,400. Since the 
bill includes language that the Board of Pesticides Control must develop this system within existing resources, no 
allocation has been included in the bill. Additional costs to the Department of Agriculture, Food and Rural Resources, 
Board of Pesticides Control, related to rulemaking can be absorbed with existing staff and within existing budgeted 
resources. 
LR0790(12) - Fiscal Note - Page 1 of 1