VOLUNTARY PESTICIDE NOTIFICATION REGISTRY

Senate Bill 542 as enacted

Public Act 270 of 2018

Sponsor:  Sen. Tom Casperson

House Committee:  Natural Resources

Senate Committee:  Natural Resources

Complete to 4-1-19

SUMMARY:

Senate Bill 542 amends Part 83 (Pesticide Control) of the Natural Resources and Environmental Protection Act (NREPA) to create a voluntary registry of certain individuals who are required to be notified before the application of certain pesticides.

Under the bill, the Department of Agriculture must maintain a voluntary registry of individuals with a medically documented condition who are required to be notified before the application of a lawn or ornamental pesticide on property adjacent to or within a physician-recommended distance from the property on which the individual’s primary residence is located. The registry also must contain a list of those properties adjacent to or within a physician-recommended distance from the individual’s primary residence.

Adjacent to means either of the following:

·         Sharing a common boundary line or property corner with.

·         Located directly across an undivided road, stream, or right-of-way from.

Physician-recommended distance means a specified distance, not more than       100 feet from a linear boundary line, considered necessary and substantiated by a physician.

Notification to an individual listed in the registry must be by means provided in the registry and must state that a pesticide application is scheduled on one or more of the properties listed in the registry. Notification is not required for a general-use, ready-to-use pesticide.

The notification requirements and any yard marker requirements provided by rule also do not apply to a pesticide that is applied only on or within 10 feet of a structure located on the property where the pesticide application takes place and that is applied to prevent, destroy, repel, or mitigate pests on the structure.

The bill took effect September 27, 2018.

MCL 324.8316b

FISCAL IMPACT:

Senate Bill 542 has no apparent fiscal impact on the state or local units of government.

           

                                                                            Legislative Analyst:   Emily S. Smith

                                                                                                Fiscal Analyst:   William E. Hamilton

■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.