SF 814

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; providing for school children's 
  1.3             health and safety; requiring notice to parents and 
  1.4             employees where a school district has no insurance 
  1.5             against events resulting from pesticide use, where a 
  1.6             school plans to use certain pesticides, or where a 
  1.7             school does not have an integrated pest management 
  1.8             plan; appropriating money; proposing coding for new 
  1.9             law in Minnesota Statutes, chapters 18B; and 123B. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11                             ARTICLE 1
  1.12             SCHOOL DISTRICT INTEGRATED PEST MANAGEMENT
  1.13     Section 1.  [123B.5751] [SCHOOL DISTRICT INTEGRATED PEST 
  1.14  MANAGEMENT.] 
  1.15     Sections 2 to 6 and article 2, sections 1 and 2 may be 
  1.16  cited as the Parents' Right to Know Act of 1999. 
  1.17     Sec. 2.  [123B.5752] [APPLICATION.] 
  1.18     Sections 1 to 6 apply to all real property and buildings 
  1.19  under the control of a public school district or a charter 
  1.20  school which are regularly used or occupied by school district 
  1.21  students or staff. 
  1.22     Sec. 3.  [123B.5753] [SCHOOL DISTRICT POLICIES ALLOWED.] 
  1.23     Notwithstanding section 18B.02, a school district may adopt 
  1.24  and implement an integrated pest management program. 
  1.25     Sec. 4.  [123B.5754] [DEFINITIONS.] 
  1.26     Subdivision 1.  [SCOPE.] For purposes of sections 1 to 6, 
  1.27  the terms defined in this section have the meanings given them. 
  2.1      Subd. 2.  [CONTACT PERSON.] "Contact person" means an 
  2.2   individual knowledgeable about integrated pest management at 
  2.3   schools and designated by the school district, who acts as a 
  2.4   contact for inquiries about pest management, pests, and 
  2.5   pesticides. 
  2.6      Subd. 3.  [INSURANCE.] "Insurance" means liability and 
  2.7   property insurance policies. 
  2.8      Subd. 4.  [INTEGRATED PEST MANAGEMENT PLAN FOR A SCHOOL.] 
  2.9   "Integrated pest management plan for a school" means a managed 
  2.10  pest control program designed to minimize the risk to human 
  2.11  health and the environment and to reduce the use of chemical 
  2.12  pesticides, and which ranks the district's response to pests in 
  2.13  the following manner: 
  2.14     (1) identifying pests which need to be controlled; 
  2.15     (2) establishing tolerable limits of each identified pest; 
  2.16     (3) designing future buildings and landscapes to prevent 
  2.17  identified pests; 
  2.18     (4) excluding identified pests from sites and buildings 
  2.19  using maintenance practices; 
  2.20     (5) adapting cleaning activities and best management 
  2.21  practices to minimize the number of pests; 
  2.22     (6) using mechanical methods of controlling identified 
  2.23  pests; and 
  2.24     (7) controlling identified pests using the least toxic 
  2.25  pesticides with the least exposure to persons as is practicable. 
  2.26     Subd. 5.  [PESTICIDE.] "Pesticide" means any substance or 
  2.27  mixture of substances intended to prevent, destroy, repel, or 
  2.28  mitigate a pest, and a substance or mixture of substances 
  2.29  intended for use as a plant regulator, defoliant, or desiccant, 
  2.30  except that pesticide does not include any disinfectant or 
  2.31  sanitizer used for cleaning purposes which is a Toxicity 
  2.32  Category III or IV Pesticide Product. 
  2.33     Subd. 6.  [PEST.] "Pest" means an insect, rodent, nematode, 
  2.34  fungus, weed, terrestrial or aquatic plant, animal life, virus, 
  2.35  bacteria, or other organism designated by rule as a pest, except 
  2.36  a virus, bacteria, or other microorganism on or in living humans 
  3.1   or other living animals. 
  3.2      Subd. 7.  [SCHOOL DISTRICT.] "School district" means a 
  3.3   school district defined under section 120A.05, subdivision 8, 
  3.4   and includes a charter school. 
  3.5      Subd. 8.  [TOXICITY CATEGORY I PESTICIDE 
  3.6   PRODUCT.] "Toxicity Category I Pesticide Product" means any 
  3.7   pesticide product that meets United States Environmental 
  3.8   Protection Agency criteria for Toxicity Category I under Code of 
  3.9   Federal Regulations, title 40, part 156, section 156.10. 
  3.10     Subd. 9.  [TOXICITY CATEGORY II PESTICIDE 
  3.11  PRODUCT.] "Toxicity Category II Pesticide Product" means any 
  3.12  pesticide product that meets United States Environmental 
  3.13  Protection Agency criteria for Toxicity Category II under Code 
  3.14  of Federal Regulations, title 40, part 156, section 156.10.  
  3.15     Subd. 10.  [TOXICITY CATEGORY III PESTICIDE 
  3.16  PRODUCT.] "Toxicity Category III Pesticide Product" means any 
  3.17  pesticide product that meets United States Environmental 
  3.18  Protection Agency criteria for Toxicity Category III under Code 
  3.19  of Federal Regulations, title 40, part 156, section 156.10.  
  3.20     Subd. 11.  [TOXICITY CATEGORY IV PESTICIDE PRODUCT.] 
  3.21  "Toxicity Category IV Pesticide Product" means any pesticide 
  3.22  product that meets United States Environmental Protection Agency 
  3.23  criteria for Toxicity Category IV under Code of Federal 
  3.24  Regulations, title 40, part 156, section 156.10.  
  3.25     Sec. 5.  [123B.5755] [SCHOOL DISTRICT POLICY.] 
  3.26     Subdivision 1.  [REVIEW OF LIABILITY AND PROPERTY 
  3.27  INSURANCE.] A school board must review its liability and 
  3.28  property insurance policies and determine whether it is insured 
  3.29  against events resulting from the use of pesticides. 
  3.30     Subd. 2.  [SUBMITTAL OF PLAN.] A school board that adopts 
  3.31  an integrated pest management plan for a school shall provide a 
  3.32  copy of the plan and any revisions to the plan to the department 
  3.33  of agriculture.  This requirement applies to all integrated pest 
  3.34  management plans for schools, regardless of whether a plan is 
  3.35  adopted pursuant to this section. 
  3.36     Sec. 6.  [123B.5756] [NOTIFICATION REQUIREMENTS.] 
  4.1      Subdivision 1.  [ANNUAL NOTIFICATION.] (a) A school 
  4.2   district required to provide notice under this section must 
  4.3   provide notice by the end of the second week of each school year.
  4.4      (b) Any notice required to be provided under this section 
  4.5   shall be provided to each student's parent or guardian and each 
  4.6   district employee in any normal school district correspondence. 
  4.7      (c) Any notice required under this section shall include 
  4.8   the name and telephone number of a contact person at the school 
  4.9   district regarding the school district's use of pesticides and 
  4.10  pest management. 
  4.11     Subd. 2.  [INSURANCE NOTIFICATION.] A school district which 
  4.12  determines, pursuant to section 5, that it is not insured 
  4.13  against events resulting from the use of pesticides must provide 
  4.14  notice that it is not insured against such events.  The notice 
  4.15  must identify the school district and contain the following 
  4.16  language: "THIS SCHOOL DISTRICT MAY NOT BE INSURED AGAINST ALL 
  4.17  EVENTS RESULTING FROM THE USE OF PESTICIDES, INCLUDING HEALTH 
  4.18  EFFECTS RESULTING FROM EXPOSURE TO PESTICIDES." 
  4.19     Subd. 3.  [PESTICIDE APPLICATION NOTIFICATION.] A school 
  4.20  district which plans to apply a pesticide which is a Toxicity 
  4.21  Category I, II, or III Pesticide Product must provide any 
  4.22  schedule of planned applications.  The schedule must include the 
  4.23  date of each planned application, an alternative date for each 
  4.24  planned application in case of inclement weather, the name of 
  4.25  the pesticide to be applied, the location of the planned 
  4.26  application, and a brief summary of any long-term or short-term 
  4.27  implications for health from the pesticide or the class of 
  4.28  chemicals to which it belongs.  If the school district decides 
  4.29  to apply a pesticide which is a Toxicity Category I, II, or III 
  4.30  Pesticide Product and it has not provided notice of the 
  4.31  application on a schedule, it must provide notice at least 24 
  4.32  hours prior to the application.  The notice must include the 
  4.33  date and time of the proposed application, the name of the 
  4.34  pesticide to be applied, the location of the application, and a 
  4.35  brief summary of any long-term or short-term implications for 
  4.36  health from the pesticide or the class of chemicals to which it 
  5.1   belongs. 
  5.2      Subd. 4.  [PEST MANAGEMENT NOTIFICATION.] A school district 
  5.3   must provide notice of the school district's pest management 
  5.4   policy.  The notice must very briefly describe the school 
  5.5   district's existing pest management policies.  For a school 
  5.6   district which has adopted a pest management plan that meets the 
  5.7   definition of an integrated pest management plan for a school in 
  5.8   section 4, subdivision 4, notice that the school district has 
  5.9   adopted an integrated pest management plan for schools in the 
  5.10  district meets the requirements of this subdivision. 
  5.11     Subd. 5.  [SCHOOLS EXEMPT FROM NOTIFICATION.] A school 
  5.12  district which:  (1) determines it is insured against events 
  5.13  resulting from the use of pesticides; (2) does not apply 
  5.14  pesticides which are Toxicity Category I, II, or III Pesticide 
  5.15  Products to its real property and buildings which are regularly 
  5.16  used or occupied by school district students or staff; and (3) 
  5.17  has adopted an integrated pest management plan for a school as 
  5.18  defined in section 4, subdivision 4, applicable to all schools 
  5.19  in the district is not required to provide notice under this 
  5.20  section. 
  5.21     Subd. 6.  [SCHOOL RECORDS.] A school district must keep a 
  5.22  record of the date and nature of each notification that occurs 
  5.23  under this section and a copy of the notice. 
  5.24     Subd. 7.  [SUBMITTAL OF NOTICE.] A school district that is 
  5.25  required to provide notice under this section shall provide a 
  5.26  copy of each notice to the department of agriculture no later 
  5.27  than 30 days after the application of the pesticide. 
  5.28     Sec. 7.  [EFFECTIVE DATE.] 
  5.29     Sections 1 to 5 are effective July 1, 1999.  Section 6 is 
  5.30  effective September 1, 2000. 
  5.31                             ARTICLE 2
  5.32                  DEPARTMENT OF AGRICULTURE DUTIES
  5.33     Section 1.  [18B.40] [ADMINISTRATIVE DUTIES FOR INTEGRATED 
  5.34  PEST MANAGEMENT IN SCHOOLS.] 
  5.35     Subdivision 1.  [MATERIALS.] The department of agriculture, 
  5.36  and the Minnesota extension service, in collaboration with the 
  6.1   office of environmental assistance, the department of health, 
  6.2   and the department of children, families, and learning must 
  6.3   develop the following: 
  6.4      (1) a best practices guide to integrated pest management 
  6.5   for school district use; and 
  6.6      (2) model notice and informational materials for a school 
  6.7   district to use to communicate its integrated pest management 
  6.8   plan to its staff, students, and the parents or guardians of its 
  6.9   children. 
  6.10     Subd. 2.  [TRAINING.] The department of agriculture and the 
  6.11  Minnesota extension service, in consultation with the office of 
  6.12  environmental assistance and the department of children, 
  6.13  families, and learning must provide any needed integrated pest 
  6.14  management training to school district employees. 
  6.15     Sec. 2.  [ASSESSMENT OF INTEGRATED PEST MANAGEMENT IN 
  6.16  SCHOOLS.] 
  6.17     The department of agriculture, in consultation with the 
  6.18  Minnesota extension service, department of children, families, 
  6.19  and learning, the office of environmental assistance, and the 
  6.20  department of health shall review and analyze integrated pest 
  6.21  management plans for schools and notices submitted to the 
  6.22  department by school districts under this section and may report 
  6.23  to the 2001 legislature any recommendations regarding integrated 
  6.24  pest management programs for schools. 
  6.25     Sec. 3.  [APPROPRIATION.] 
  6.26     $....... is appropriated in fiscal year 2000 from the 
  6.27  general fund to the department of agriculture for the purpose of 
  6.28  administering sections 1 and 2.