Bill Text: MI HB4842 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Environmental protection; other; listing on citizen pesticide notification registry; eliminate requirement of physician's certificate. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 8316b.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2011-07-27 - Printed Bill Filed 07/01/2011 [HB4842 Detail]

Download: Michigan-2011-HB4842-Introduced.html

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HOUSE BILL No. 4842

 

June 30, 2011, Introduced by Reps. Bledsoe, Slavens, Dillon, Tlaib, Hovey-Wright, Bauer, Santana, Barnett, Ananich, Cavanagh, Hobbs, Lipton, Haugh, Liss and Oakes and referred to the Committee on Government Operations.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 8316b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8316b. (1) The department shall maintain a registry of

 

individuals who wish to be notified before the application of

 

pesticides on a property that is immediately adjacent to the

 

property on which their primary residence is located. Upon written

 

request, the department shall enter an individual on the registry.

 

Within 90 days after the effective date of the amendatory act that

 

added this section, the department shall provide on its website a

 

means for individuals to register electronically.

 

     (2) Registration shall include at least all of the following

 

information:

 

     (a) Name, primary residence address other than a post office

 

box number, and telephone number of an individual who requests

 

notification.

 

     (b) Name, residence address other than a post office box

 

number, and telephone number of a designated contact individual, if

 

different from the individual identified under subdivision (a).

 

     (c) A list of addresses of properties that are immediately

 

adjacent to the property on which the primary residence of the

 

registrant is located.

 

     (3) The department may charge a fee for registration to defray

 

the costs of maintaining the registry. Registration fees shall be

 

deposited in the pesticide notification registry fund created in

 

subsection (7).

 

     (4) An individual is not required to renew a registration on

 

an annual or other periodic basis for a registration to remain in

 

effect. However, a registrant shall immediately notify the

 

department if the registrant's address or contact information

 

changes. The department may update registration information and

 

remove obsolete registrations from the registry.

 

     (5) Before a commercial applicator applies a lawn or

 

ornamental pesticide other than a general-use ready-to-use

 

pesticide on a property address listed on the registry under

 

subsection (2)(a) or (c), other than an application at the request

 

of the registrant or contact individual, the commercial applicator

 

shall notify the contact individual on the registry. The commercial

 

applicator's responsibility to notify an individual of an

 

application shall be considered discharged if any of the following

 

provisions are complied with:

 

     (a) Telephone notification is attempted on a business day not

 

less than 24 hours before the pesticide application.

 

     (b) Written notification is left at the main entrance of the

 

residence of the contact individual not less than 24 hours before

 

the pesticide application

 

     (c) The applicator obtains written authorization from the

 

contact individual for an alternate method of notification and

 

notifies the contact person pursuant to that method.

 

     (6) This section does not apply to an application of

 

pesticides that is made through a closed injection system.

 

     (7) The pesticide notification registry fund is created within

 

the state treasury. The state treasurer may receive money or other

 

assets from any source for deposit into the fund. The state

 

treasurer shall direct the investment of the fund. The state

 

treasurer shall credit to the fund interest and earnings from fund

 

investments. Money in the fund at the close of the fiscal year

 

shall remain in the fund and shall not lapse to the general fund.

 

The department shall be the administrator of the fund for auditing

 

purposes. The department shall expend money from the fund, upon

 

appropriation, only to defray the cost of maintaining the pesticide

 

notification registry.