HF 2320

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the metropolitan mosquito control 
  1.3             district; requiring notice before application of adult 
  1.4             or larval mosquito control treatment; amending 
  1.5             Minnesota Statutes 1996, section 473.704, subdivision 
  1.6             17; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 473. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 473.704, 
  1.10  subdivision 17, is amended to read: 
  1.11     Subd. 17.  [ENTRY TO PROPERTY.] Members of the commission, 
  1.12  its officers, and employees, while on the business of the 
  1.13  commission, may enter upon any property within or outside the 
  1.14  district at reasonable times to determine the need for control 
  1.15  programs.  They may take all necessary and proper steps for the 
  1.16  control programs on property within the district as the director 
  1.17  of the commission may designate.  Subject to the paramount 
  1.18  control of the county and state authorities, commission members 
  1.19  and officers and employees of the commission may enter upon any 
  1.20  property and clean up any stagnant pool of water, the shores of 
  1.21  lakes and streams, and other breeding places for mosquitoes 
  1.22  within the district.  The commissioner of natural resources 
  1.23  shall allow the commission to enter upon state property for the 
  1.24  purposes described in this subdivision.  The commission may 
  1.25  apply insecticides approved by the director to any area within 
  1.26  or outside the district that is found to be a breeding place for 
  2.1   mosquitoes.  The commission shall give reasonable notification 
  2.2   to the governing body of the local unit of government provide 
  2.3   notice prior to applying insecticides outside of the district on 
  2.4   land located within the jurisdiction of the local unit of 
  2.5   government as provided in section 473.7045.  The commission 
  2.6   shall not enter upon private property if the owner objects 
  2.7   except for control of disease bearing mosquito encephalitis 
  2.8   outbreaks. 
  2.9      Sec. 2.  [473.7045] [NOTICE REQUIRED.] 
  2.10     Subdivision 1.  [NEWSPAPER ADS.] Each year in the spring 
  2.11  before the first application of insecticide for adult mosquito 
  2.12  control, the commission shall publish an advertisement notifying 
  2.13  the public of its plans for the spraying of insecticide for 
  2.14  adult mosquito control.  The advertisement must be published in 
  2.15  all local newspapers of general circulation in the district.  
  2.16  The advertisement must be at least 45 square inches in size.  
  2.17  The advertisement must include the following information: 
  2.18     (1) the possible locations for application of the 
  2.19  insecticide during the season; 
  2.20     (2) the names of the products that may be used and a list 
  2.21  of the active and inert ingredients in the products as stated on 
  2.22  the labels; 
  2.23     (3) excluding statements directed to the applicator, all 
  2.24  precautionary statements from the labels of the products 
  2.25  concerning hazards to humans, domestic animals, and the 
  2.26  environment; 
  2.27     (4) that individuals can refuse application of the 
  2.28  insecticide and the procedure for refusing treatment, including 
  2.29  the telephone number to call to make the request; and 
  2.30     (5) a telephone number to call for further information. 
  2.31     Subd. 2.  [PUBLIC LAND.] Before each planned application of 
  2.32  an insecticide for adult mosquito control on public land, the 
  2.33  commission shall post notices on the public land to inform the 
  2.34  public of: 
  2.35     (1) the day and time of the application; 
  2.36     (2) the name of product being used and a list of the active 
  3.1   and inert ingredients in the product as stated on the label; 
  3.2      (3) excluding statements directed to the applicator, all 
  3.3   precautionary statements from the label of the product 
  3.4   concerning hazards to humans, domestic animals, and the 
  3.5   environment; and 
  3.6      (4) a telephone number to call for further information. 
  3.7   The notification signs must be clearly visible and easily read, 
  3.8   at least eight and one-half by 11 inches in size, and be posted 
  3.9   at the main entrances of the public land, and remain in place 
  3.10  for as long as the insecticide remains active according to the 
  3.11  product label. 
  3.12     Subd. 3.  [PRIVATE PROPERTY; NOTIFICATION PILOT 
  3.13  PROJECT.] (a) The commission shall provide individual 
  3.14  notification as required in this subdivision in four pilot 
  3.15  project areas to be determined by the commission.  The pilot 
  3.16  project areas must be large enough to provide a viable 
  3.17  statistical sample for determining the relative effectiveness of 
  3.18  individual notification versus notification through publication 
  3.19  of an advertisement in newspapers of general circulation, as 
  3.20  required in subdivision 1. 
  3.21     (b) In each of the pilot project areas, at least 48 hours, 
  3.22  but not more than seven days, before each planned application of 
  3.23  an insecticide for adult mosquito control, the commission shall 
  3.24  notify private property residents of when and where applications 
  3.25  will be made that will come within 300 feet of their 
  3.26  agricultural land or within 1,000 feet of their residence. 
  3.27  Notice must be made in person or by placing an information card 
  3.28  on the door of each residence.  The following information must 
  3.29  be provided: 
  3.30     (1) the scheduled day and time of the application; 
  3.31     (2) the name of product that will be used and a list of the 
  3.32  active and inert ingredients in the product; 
  3.33     (3) all precautionary statements from the label of the 
  3.34  product concerning hazards to humans, domestic animals, and the 
  3.35  environment; 
  3.36     (4) that the resident can refuse application of the 
  4.1   insecticide and the procedure for requesting that private 
  4.2   property not be treated, including the telephone number to call 
  4.3   to make the request; 
  4.4      (5) the name of the person delivering the information; and 
  4.5      (6) a telephone number to call for further information. 
  4.6      (c) This subdivision expires July 1, 2000. 
  4.7      Subd. 4.  [LOCAL GOVERNMENT NOTICE.] Before each planned 
  4.8   application of an insecticide for adult or larval mosquito 
  4.9   control within the jurisdiction of a statutory or home rule 
  4.10  charter city, or town, the commission shall notify the chief 
  4.11  administrative official of the city or town of the planned 
  4.12  application. 
  4.13     Subd. 5.  [RECORDS.] The commission shall maintain records 
  4.14  of the commission's notifications to private property residents, 
  4.15  cities, and towns and the posting of public property under this 
  4.16  section.  The records must be cross-referenced by date and city 
  4.17  or town name.  The commission also shall maintain records for 
  4.18  each city and town that itemize in chronological order the 
  4.19  application of insecticides for adult or larval mosquito control 
  4.20  within the city or town. 
  4.21     Subd. 6.  [REPORT.] The commission shall report to the 
  4.22  legislature on July 1, 2000, on the relative costs and impacts 
  4.23  of notification by annual advertisement under subdivision 1, and 
  4.24  individual notification before each application of insecticide 
  4.25  for adult mosquito control under subdivision 3.  The report must 
  4.26  include information on the costs, form, dates, and locations of 
  4.27  the advertisements published, the number of calls to the 
  4.28  commission as a result of the advertisements, and the nature of 
  4.29  the calls.  The report must also include information on the 
  4.30  location and size of the four pilot project areas, the 
  4.31  population and number of households in each pilot project area, 
  4.32  the costs, form, and dates of notifications made in each area, 
  4.33  and the response to the notifications, including the number of 
  4.34  calls to the commission and the nature of the calls. 
  4.35     Sec. 3.  [APPLICATION.] 
  4.36     This act applies in the counties of Anoka, Carver, Dakota, 
  5.1   Hennepin, Ramsey, Scott, and Washington.