An Act To Ensure the Safe and Consistent Regulation of Pesticides throughout the State by Providing Exemptions to Municipal Ordinances That Regulate Pesticides
Maine Legislature, Session 128, LD 1853
Committee Amendment CA_A_S431 (Senate)
Amends: 22 MRSA §1471-U

COMMITTEE AMENDMENT "A " to S.P. 700, L.D. 1853, Bill, "An Act To 
Ensure the Safe and Consistent Regulation of Pesticides throughout the State by 
Providing Exemptions to Municipal Ordinances That Regulate Pesticides" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Promote Safe and Consistent Regulation of Pesticides by Requiring the 
Board of Pesticides Control To Review and Advise on Municipal Ordinances' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
1Sec. 1. 22 MRSA §1471-U, sub-§3, as repealed and replaced by PL 1989, c. 93, 
§ 1, is amended to read: 
3. New ordinances. The clerk of the municipality shall provide the board with 
notioe and a copy of any proposed ordinance subject to be listed listing under subsection 
at least + 90 days prior to the meeting of the legislative body or the public hearing at 
which adoption of the ordinance will be considered. The board shall review the proposed 
ordinance and provide advice and comments, including any recommended revisions to 
ensure the safe and consistent regulation of pesticides, to the clerk of the municipality 
within 60 days of receipt of the proposed ordinance. The municipal officers shall review 
and consider the board's advice, comments and recommended revisions to the ordinance. 
The clerk shall provide the board with notice and a copy of the ordinance, including any 
revisions, at least 7 days prior to the meeting of the legislative body or the public hearing 
at which adoption of the ordinance will be considered. The clerk shall notify the board 
within 30 days after adoption of the ordinance. 
Sec. 2. 
Review of existing ordinances. 
The Department of Agriculture, 
Conservation and Forestry, Board of Pesticides Control shall review the municipal 
pesticide ordinances that are listed in the centralized listing maintained pursuant to the 
Maine Revised Statutes, Title 22, section 1471-U, subsection 1 as of the effective date of 
this Act. No later than December 31, 2018, the board shall provide to the clerk of a 
municipality that has an ordinance subject to board review under this section the board's 
COMMITTEE AMENDMENT 
(\< 
CO:MlvfITTEE AMENDMENT "A "to S.P. 700, L.D. 1853 
advice and comments, including any recommended revisions to ensure the safe and 
consistent regulation of pesticides. The municipal officers shall review and consider the 
board's advice, comments and recommended revisions to the ordinance.' 
SUMMARY 
This amendment is a minority report of the committee and replaces the bill and 
changes the title. The amendment requires the Department of Agriculture, Conservation 
and Forestry, Board of Pesticides Control to review any proposed municipal ordinance to 
regulate pesticide storage, distribution or use. Specifically, it requires municipalities to 
submit a proposed pesticide ordinance to the board at least 90 days prior to adoption, 
rather than 7 days in current law. It requires the board to review the proposed ordinance 
and, within 60 days of receiving the proposed ordinance, to provide advice and comments 
on the proposed ordinance, including recommended revisions to ensure the safe and 
consistent regulation of pesticides. It requires the municipality to review and consider the 
board's advice and recommendations prior to adoption of the ordinance. 
The amendment also requires the board to review existing municipal pesticide 
ordinances in place as of the effective date of this Act and, no later than December 31, 
2018, provide advice and comments, including any recommended revisions to ensure the 
safe and consistent regulation of pesticides, to each municipality that has an existing 
ordinance. It requires the municipal officers to review and take under consideration the 
board's comments and recommended revisions to the existing ordinance. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/28/18 feac 
LD 1853 
LR 2827(02) 
An Act To Ensure the Safe and Consistent Regulation of Pesticides throughout the State by Providing 
Exemptions to Municipal Ordinances That Regulate Pesticides 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment 'A" ( s~ y 3 0 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional cost to the Department of Agriculture, Conservation and Forestry as a result of changes to the Board of 
Pesticides Control rnles regarding review of municipal ordinances involving pesticide storage, distribution or use will 
be minor and can be absorbed within existing budgeted resources. 
LR2827(02) - Fiscal Note - Page 1 of 1