Legislative Update

Alaska: S.B. 27 would establish a new $25 annual license fee for commercial pesticide applicators. The bill would also establish a pesticide use tracking system to gather information from all licensed custom, commercial and contract pesticide applicators. It would also establish pesticide notification and record keeping requirements for commercial pesticide applications and create a Pesticide Advisory Board. The board would advise DEC on implementation of the tracking system, recommend methods for increasing public awareness of "less toxic alternatives to pesticides" and recommend ways to "address the problem of persistent organic pollutants in the state."  

Colorado: S.B. 87 would require state and local public projects/facilities that receive water from a water provider to reduce their total annual water consumption by 20 percent of the average annual water consumption from calendar years 1996 through 2001. An exemption would be provided for public projects/facilities that have already reduced their annual water consumption by 20 percent since June 4, 1991 (or the effective date of the "Water Conservation Act" of 1991). 

Florida: The South Florida Water Management District will hold a public hearing on March 13 to discuss a proposal to create mandatory year-round landscape irrigation measures for Lee and Collier counties and that portion of Charlotte County within the district. The proposal includes specific day-of-the-week and time-of-day irrigation restrictions for golf courses, residential and commercial irrigation uses and recreation areas.   

Hawaii: H.B. 1371/S.B. 1196 would prohibit leaf blower manufacturers to sell leaf blowers in the state, effective July 1, 2005, if their sound levels have not been tested and lowered under American National Standards Institute standards. Effective July 1, 2005, no person could use a leaf blower whose sound levels had not been tested and determined to be acceptable within a 300-foot radius of any residence or any person. The bill would provide funds to establish a buyback program for noncompliant models of leaf blowers. S.B. 1196 would also make it an offense to produce noise from a leaf blower in excess of 120 decibels between 11 p.m. and 8 a.m. any day of the week. 

Hawaii: H.B. 1039/S.B. 602 would require a phase-out of pesticide use on state property. Beginning July 1, 2003, state departments would be banned from using: 1) EPA toxicity category I pesticides; 2) pesticides containing a chemical identified by the state as known to cause cancer or reproductive toxicity and; 3) any pesticide classified as a human carcinogen, probable human carcinogen, or possible human carcinogen by the EPA. The bill would establish posting and notification and record-keeping requirements as well as require all state agencies that use pesticides to create "integrated pest management" policies.

 Hawaii: S.B. 417 would give voters the power to place a measure on a future ballot to amend the Constitution of Hawaii to make each county responsible for: 1) setting overall water conservation, quality and use policies; 2) defining beneficial and reasonable uses; and 3) protecting ground and surface water resources, watersheds and natural stream environments. The bill would not limit the power of the legislature to enact water laws of statewide concern. 

 Indiana: H.B. 1671 would prohibit the air pollution control board, water pollution control board and solid waste management board from adopting rules more stringent than corresponding federal laws. The bill would take effect July 1, 2003.

 Louisiana: H.B. 55 would create a reclaimed water program and prohibit the use of potable water for nonpotable uses (including golf courses, parks, highway landscaped areas and industrial and irrigation uses) where an available reclaimed water source exists. The bill would require reclaimed water producers and potential customers to cooperate in joint studies to develop reclaimed water sources. Current users of potable water for nonpotable uses would be required to identify reclaimed water producers with an available reclaimed water source and provide them with a written request to enter into an agreement to supply reclaimed water. The bill would also create the Louisiana Reclaimed Water Commission, responsible for determining if a water source qualifies as an available reclaimed water source and for issuing orders to provide or use reclaimed water. As written, the bill provides no opportunities for water user groups to participate as members of the commission. 

Montana: H.B. 420 would lower the annual license fee commercial pesticide applicators pay to fund the state's pesticide container collection, disposal and recycling program from $30 to $10. The Dept. of Agriculture would be authorized to adjust the disposal fee to maintain adequate funding of the program but the fee could not be less than $10 or more than $15 a year. 

New Hampshire: H.B. 203 would establish a committee to study the use of pesticides and herbicides in the state. The committee would study: 1) the type and amount of pesticides and herbicides used in the state; 2) the fee structure for pesticides and herbicides; 3) if and how the fees are used to administer the pesticide control program; and 4) if the fees are used in accordance with the purpose of the fund. The committee would report its findings and any recommendations for proposed legislation on or before Nov. 1, 2003.

Oregon: H.B. 2396 would require the Dept. of Agriculture to allow pesticide users the option of filing pesticide use reports in paper form. The state's Pesticide Use Reporting System or PURS is currently a web-based reporting system. The bill would also allow the agency to publish data in their annual report summarizing pesticide use in Oregon by zip code instead of on a watershed basis.  

Washington: H.B. 1543/S.B. 5087 would create the Washington Water Commission, a new department of state government whose single purpose would be to administer the state's water resource laws. The commission would: 1) supervise the public waters within the state and their appropriation, diversion and use; 2) make determinations as to the discharge of streams and springs and other sources of water supply; and 3) provide assistance to applicants trying to obtain water rights. The commission would consist of six commissioners elected by the public and one commissioner appointed to serve at the pleasure of the governor.

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