Legislation Update

Legislative updates for Arizona, California, Connecticut, Louisiana, New Mexico, Oregon and Virginia.

IN THE STATES

Arizona: Gov. Napolitano issued Executive Order 9 on March 20 to create a Drought Task Force and the first statewide drought management plan to address ongoing drought conditions/issues in the state. The governor will appoint a variety of state agency officials to sit on the task force; representatives from counties, cities, towns, and Indian tribes will also be invited to participate. The task force will create work groups to address the following specific problem areas: municipal and industrial water supply; agriculture; wildlife and wildlife habitat; conservation education; and fire suppression. Among other things, the task force will: 1) identify locations where the drought has created insufficient water to sustain domestic wells, agricultural operations, and wildlife and their habitats; 2) develop/implement short-term drought plans to address those entities above; 3) develop/implement long-term drought mitigation plans for the state;4) evaluate opportunities for more efficient use of water to meet agricultural and municipal needs; and 5) assume role in intergovernmental drought response coordination.

California: The Dept. of Pesticide Regulation announced on April 2 new restrictions on the use of products containing clopyralid. DPR will restrict sales of clopyralid to lawn and turf professionals, instruct those licensees to assure that green waste stays on site when the herbicide is used, and require dealers to provide written notice of the restrictions when they sell certain clopyralid products. Golf courses are exempt from the restrictions because DPR has determined that grass recycling on site is a standard industry practice and clopyralid product labels prohibit use on tees and greens. 

Louisiana: H.B. 1396 would increase a variety of pesticide licensing, registration and certification fees administered through the state pesticide program. The certification fee and fee for issuing the annual certification card would increase from $15 to $20. The certification fee for employees of local, state and federal governments would increase from $10 to $25. The maximum fee for each examination would increase from $100 to $200. Rep. Thomas has said he introduced the bill to make up for about half the cuts the Dept. of Agriculture is scheduled to take in FY2003-04. The fee increase would take effect in January 2004. Responsible Industry for a Sound Environment (RISE) has met with lawmakers on the bill and reports that it will likely pass regardless of industry opposition. 

New Mexico: On April 10, Gov. Richardson signed companion bills (H.B. 260 and S.B. 195), which create a framework for a statewide water plan. The Interstate Stream Commission will now be required to develop and implement a comprehensive water plan that includes an inventory of the state's water resources, a drought management plan and development of water conservation strategies and policies. The bill directs the Commission to ensure that public participation and input are integrated throughout the planning process. 

Oregon: Last month, the Oregon Dept. of Agriculture adopted temporary rules to restrict the use of pesticides containing clopyralid on residential lawns, commercial and public turf plantings, school grounds, parks, cemeteries and other recreational areas other than golf courses. The agency put the restrictions in place to reduce the potential for clopyralid-treated grass clippings to contaminate compost. The temporary rules went into effect on March 28, 2003. ODA is proposing to make the rules permanent after a public hearing on May 21, 2003. 

Virginia: The Dept. of Environmental Quality proposed a rule to establish requirements for the reclamation and reuse of wastewater that is "protective of state waters and public health". The proposed rule establishes technical standards to address various potential categories of reclaimed water including irrigation for agriculture, forest and landscape uses. It also prescribes specific design, operation and maintenance standards for wastewater reclamation and reuse systems. All areas where reclaimed water is used that are "public access areas" shall be posted with signs that include the following words: "CAUTION: RECLAIMED WATER – DO NOT DRINK" together with equivalent standard international symbol.

STATE UPDATE

Connecticut: The following bills died in committee --H.B. 6035 -- to give municipalities authority to regulate lawn-care pesticides that are used for aesthetic purposes.

H.B. 6064 -- to amend the state’s Pesticide Control law by banning the sale and use of products containing clopyralid in an attempt to "remove a threat" to the marketing of products from municipal composting programs.

S.B. 663 -- to create a pesticide advisory committee to bring about consistency in the statutes and regulations regarding pesticide use as well as advise property owners and pesticide applicators of statutory and regulatory requirements.

Information in this story was provided by the Golf Course Superintendents Association of America.

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