Senate Bill No. 461
(By Senators Tomblin, Mr. President, Love, Ross, Sharpe, Schoonover, Anderson and Whitlow)
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[Introduced February 19, 1996; referred to the Committee on Agriculture.]
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A BILL to amend and reenact section nine-b, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto a new section, designated section nine-c; to amend and reenact section four, article sixteen- a, chapter nineteen of said code; to amend and reenact section seventeen, article two-b, chapter forty-nine of said code; and to further amend said article by adding thereto a new section, designated section eighteen, all relating to authorizing the commissioner of agriculture to develop, promote and distribute an integrated pest management program for schools and day care centers and to encourage school districts and licensed day care centers to implement this program; and notification of pesticide application.

Be it enacted by the Legislature of West Virginia:
That section nine-b, article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that said article five be further amended by adding thereto a new section, designated section nine-c; that section four, article sixteen-a, chapter nineteen of said code be amended and reenacted; that section seventeen, article two-b, chapter forty-nine of said code be amended and reenacted; and that said article two-b be further amended by adding thereto a new section, designated section eighteen, all to read as follows:
CHAPTER 18. EDUCATION.

ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-9b. Implementation of the integrated pest management
program.
By the fifteenth day of August, one thousand nine hundred ninety-five, the board shall implement the integrated pest management program promulgated under rules by the department of agriculture under authority of section four, article sixteen-a, chapter nineteen of this code.
School districts are encouraged to adopt an integrated pest management program that incorporates the guidelines developed by the department of agriculture. School districts shall ensure that the appropriate employees are experienced, trained and/or certified in the application of pesticides as required by article sixteen-a, chapter nineteen of this code and the rules adopted thereunder.

§18-5-9c. Notification of pesticide applications.

ARTICLE 16A. WEST VIRGINIA PESTICIDE CONTROL ACT.

§19-16A-4. Powers and duties of the commissioner.
The commissioner of agriculture has the power and duty to carry out the provisions of this article and is authorized to:
(a) Delegate to employees of the department of agriculture the authority vested in the commissioner by virtue of the provisions of this article;
(b) Cooperate, receive grants in aid and enter into agreements with any other agency of the state, the United States department of agriculture, United States environmental protection agency or any other federal agency or any other state or agency thereof for the purpose of carrying out the provisions of this article;
(c) Contract for research projects;
(d) Require that pesticides used in this state are adequately tested and are safe for use under local conditions;
(e) Require that individuals who sell, store, dispose or apply pesticides are adequately trained and observe appropriate safety practices;
(f) Promulgate rules pursuant to chapter twenty-nine-a of this code, including, but not limited to, the following:
(1) Licensing of businesses that sell, store, recommend for use, mix or apply pesticides;
(2) Registration of pesticides for manufacture, distribution, sale, storage or use in this state;
(3) Requiring reporting and recordkeeping related to licensing and registration;
(4) Establishing training, testing and standards for certification of commercial application, public application, registered technician and private applicator;
(5) Revoking, suspending or denying licenses, registration and certification or certificate or permits;
(6) Creating advisory committees made up of both pesticide industry representatives and consumers as considered necessary to implement this article;
(7) Establishing a fee structure for licenses, registration and certificate to defray the costs of implementing this article;
(8) Classifying or subclassifying certificate or certificates to be issued under this article. The classification may include, but not be limited to, agricultural, forest, ornamental, aquatic, right-of-way, industrial, institutional, structural or health-related pest control;
(9) Restricting or prohibiting the sale or use and disposal of any pesticide, pesticide container or residue which is extremely hazardous;
(10) Coordinating and supporting pesticide monitoring programs;
(11) Developing a program for registration of persons with health sensitivity to pesticide drift;
(12) Establishing guidelines and requirements, as deemed necessary, for licenses, certificate holders and permittees for the identification of pests and their methods of inspection of property to determine the presence of pests;
(13) Establishing procedures for reporting spills, accidents or incidents; and
(14) Such other rules necessary or convenient to carry out the purpose of this article;
(g) Design and conduct an appropriate educational program on the use of pesticides and the necessity for care when applying the same; and
(h) Only after consultation with the state board of education, division of human services for child welfare, representatives from the environmental community, and representatives of school and day care employees, by the first day of July, one thousand nine hundred ninety-five, promulgate emergency rules, pursuant to article three, chapter twenty-nine-a of this code, establishing an integrated pest management program. The emergency and legislative rules for the program established in this subsection shall include, but are not limited to, the following:
(1) The use of least hazardous materials;
(2) That pesticides shall only be applied when monitoring indicates that pest infestations are present;
(3) That students and school and day care employees, except school, board of education or day care employees that are certified applicators, shall not be present during application and provide for appropriate reentry times, except that pesticides may be applied to a localized area of infestation when students or school and day care employees are present if the infestation causes an imminent threat of bodily harm;
(4) A definition of pesticides; and
(5) A system for prior notification to parents and school and day care employees.
(h) Develop a model integrated pest management program for schools and day care centers and distribute the program to school districts and licensed day care centers on or before the fifteenth day of August, one thousand nine hundred ninety-six: Provided, That no liquid insecticide applications may be made while students or teachers are in the immediate treatment area. The commissioner may consult with and obtain advice from representatives of the sanitation employees of the school districts, local improvement councils, pest control operators association of West Virginia, commissioner of human services for child welfare, state board of education and university of West Virginia extension service. The department's program shall provide guidance to school districts on management of pests and describe various pest control methods, including, but not limited to, the following:
(1) Explaining chemical, cultural and mechanical pest control methods;
(2) Defining pest management roles for school and day care center custodial and janitorial employees, pest control operators, school staff and others;
(3) Developing model contracts for schools contracting for pest control services; and
(4) Ensuring that school districts and licensed day care centers are informed of the training and/or certification requirements for individuals making pesticide applications as required by this article and chapter and rules adopted thereunder.
CHAPTER 49. CHILD WELFARE.

ARTICLE 2B. DUTIES OF COMMISSIONER OF HUMAN SERVICES FOR CHILD WELFARE.

§49-2B-17. Implementation of the integrated pest management
program.
By the fifteenth day of August, one thousand nine hundred ninety-five, the commissioner shall implement the integrated pest management program promulgated under rules by the department of agriculture under authority of section four, article sixteen-a, chapter nineteen of this code.
Day care centers are encouraged to adopt an integrated pest management program that incorporates the guidelines developed by the department of agriculture. Further, day care centers shall ensure that the appropriate day care center employees are experienced, trained and/or certified in the application of pesticides as required in article sixteen-a, chapter nineteen of this code and the rules adopted thereunder.

§49-2B-18. Notification of pesticide application.

At the beginning of each school year, school administrators shall notify teachers, parents and guardians of children attending that school of the right to be informed prior to any application of a pesticide at that school. This notice shall contain information obtained from the person applying the pesticide and shall include a statement that a pesticide will be applied, the approximate location of the application, and the date or dates of application. As used in this section, "pesticide" does not include nonrestricted-use disinfectants, antimicrobials, sanitizers or deodorizers.

NOTE: The purpose of this bill is to authorize the Commissioner of Agriculture to develop, promote and distribute an integrated pest management program for schools and day care centers and to encourage school districts and licensed day care centers to implement the program.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

§§18-5-9c and 49-2B-18 are new; therefore, strike-throughs and underscoring have been omitted.