Public Act 103-0976

SB3342 Enrolled LRB103 38864 BDA 69001 b

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 1. Short title. This Act may be cited as the the

Pesticide Application on Rights-of-Way Notification Act.

Section 5. Definitions. In this Act:

"Department" means the Department of Agriculture.

"Pesticide" has the meaning given in the Illinois

Pesticide Act.

"Unit of local government" means a unit of local

government, as defined in Article VII, Section 1 of the

Illinois Constitution, except a park district, forest preserve

district, or conservation district.

Section 10. Prior notification requirements for

application of pesticides on rights-of-way.

(a) At least 24 hours before the State or a unit of local

government, including a mosquito abatement district or a

commercial entity hired by the State or a unit of local

government, applies a pesticide, including a pesticide

intended to control mosquitoes, to a public right-of-way that

is located within the corporate boundaries of a municipality,

the State, mosquito abatement district, or other unit of local

government in which the application is to be made shall

provide written notice to the public of the application of the

pesticide. At a minimum, the following information shall be

provided in the written notice required under this subsection

(a):

(1) the intended location, date range, and range of

times during the day that the material may be applied;

(2) the brand name, common name, and scientific name

of each product that may be applied;

(3) the type of pesticide contained in any product

that may be applied;

(4) the reason for use of each product that may be

applied;

(5) the range of concentrations of end-use product

that will be applied;

(6) any special instructions appearing on the label of

the product applicable to an individual's use of the

public right-of-way following an application;

(7) the State agency, mosquito abatement district, or

other unit of local government name and telephone number

of the certified applicator; and

(8) contact information for the Department for

complaints of pesticide misuse, including a telephone

number and website information for the Department.

Written notification required under this subsection (a) is

sufficient if posted in newsletters, websites, calendars, or

other correspondence currently published by the State,

mosquito abatement district, or other unit of local government

in which the application is to be made, but posting on a

bulletin board is not sufficient.

(b) The application of a solid mosquito larvicide in

accordance with 8 Ill. Adm. Code 250.210 is exempt from the

notification requirements of this Section.

(c) The State or a unit of local government, including a

mosquito abatement district, need not provide the notice

required by this Section if the application of the pesticide

is in response to (i) disease causing agents in vector

mosquitoes, (ii) the occurrence of mosquito-borne disease in

animal or human populations, or (iii) a natural disaster

recovery effort.

Section 15. Administrative rules. This Act shall be

administered and enforced by the Department. The Department

may adopt rules as necessary for the enforcement of this Act.