Resolve, Regarding Legislative Review of Portions of Chapter 27: Standards for Pesticide Applications and Public Notification in Schools, a Major Substantive Rule of the Board of Pesticides Control
Maine Legislature, Session 126, LD 0033
Committee Amendment CA_A_H308 (House)

COMMITTEE AMENDMENT "A" to H.P. 26, L.D. 33, "Resolve, Regarding 
Legislative Review of Portions of Chapter 27: Standards for Pesticide Applications and 
Public Notification in Schools, a Major Substantive Rule of the Board of Pesticides 
Control" 
Amend the resolve by striking out the title and substituting the following: 
'Resolve, Regarding Pesticide Applications and Public Notification in Schools' 
Amend the resolve by striking out everything after the title and before the summary 
and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires 
legislative authorization before major substantive agency rules may be finally adopted by 
the agency; and 
Whereas, the Department of Agriculture, Conservation and Forestry, Board of 
Pesticides Control has submitted a major substantive rule regarding a portion of Chapter 
27: Standards for Pesticide Applications and Public Notification in Schools to the 
Legislature for review; and 
Whereas, appropriately designed and constructed school grounds, particularly 
athletic playing fields, are integral to minimizing the use of synthetic pesticides on school 
grounds; and 
Whereas, immediate enactment of this resolve is necessary to record the 
Legislature's position on final adoption of the rule; 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 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT 'A " 
to H.P. 26, L.D. 33 
Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 27: 
Standards for Pesticide Applications and Public Notification in Schools, a provisionally 
adopted major substantive rule of the Department of Agriculture, Conservation and 
Forestry, Board of Pesticides Control that has been submitted to the Legislature for 
review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is 
authorized; and be it further 
Sec. 2. Landscaping design. Resolved: That the Commissioner of Education 
shall collaborate with the Department of Agriculture, Conservation and Forestry, Board 
of Pesticides Control to develop standards and guidelines related to school grounds 
construction that would minimize or avoid the necessity of the use of pesticides on school 
grounds for new construction. The Commissioner of Education and the director of the 
Board of Pesticides Control shall report on their recommendations for school ground 
construction standards and guidelines to the Joint Standing Committee on Education and 
Cultural Affairs and the Joint Standing Committee on Agriculture, Conservation and 
Forestry by March 15,2014. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment changes the title of the resolve. 
The amendment provides for 
legislative review of portions of Chapter 27: Standards for Pesticide Applications and 
Public Notification in Schools, a major substantive rule of the Department of Agriculture, 
Conservation and Forestry, Board of Pesticides Control. The amendment also adds a 
section to the resolve that requires that, by March 15, 2014, the Commissioner of 
Education and the director of the Board of Pesticides Control report to the Joint Standing 
Committee on Education and Cultural Affairs and the Joint Standing Committee on 
Agriculture, Conservation and Forestry on developing standards and guidelines for 
landscaping design for school grounds that will minimize or eliminate the need to use 
pesticides on school grounds for any newly constructed school facilities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: OS/24/13 
;!;Yac 
LD33 
LR 778(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 27: Standards for Pesticide Applications 
and Public Notification in Schools, a Major Substantive Rule ofthe Board of Pesticides Control 
Fiscal Note for Bill as Amended by Committee Amendment A' CH-30f" 
Committee: Agriculture, Conservation and Forestry 
) 
Fiscal Note Required: Yes 
)_. 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Information provided by both the Department of Education and the Board of Pesticides Control indicates that the 
training for IPM Coordinators that is required under Chapter 27: Standards for Pesticide Applications and Public 
Notification in Schools will assist schools in meeting requirements that already exist on both the federal and state 
levels. Training for Integrated Pest Management (IPM) Coordinators will be provided by the Board of Pesticides 
Control at no cost to local school administrative units. Training will be provided either on-line or through seminars. 
Additional costs to the Department of Education and the Board of Pesticides Control to develop the required standards 
and guidelines to minimize or avoid the necessity of the use of pesticides on school grounds for new construction can 
be absorbed within existing budgeted resources. 
LR0778(02) - Fiscal Note - Page 1 of 1