SB1772 103RD GENERAL ASSEMBLY

LRB103 28768 CPF 55151 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1772

Introduced 2/9/2023, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

415 ILCS 60/13.10 new

Amends the Illinois Pesticide Act. Provides that no person, other than a pesticide applicator under the direct supervision of a supervisory pesticide applicator, may apply a pesticide within any school building or on the grounds of any school. Exempts emergency application of a pesticide meeting specified requirements from the provisions.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Pesticide Act is amended by adding Section 13.10 as follows:

(415 ILCS 60/13.10 new)

Sec. 13.10. Lawn care pesticides; schools.

(a) In this Section:

"Biochemical pesticide" means a naturally occurring substance that controls pests by nontoxic mechanisms.

"Integrated pest management" has the same meaning as defined in Section 3.25 of the Structural Pest Control Act.

"Integrated pest management plan" means a written plan for integrated pest management.

"Lawn care pesticide" means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden, or ornamental sites or areas. "Lawn care pesticide" does not include:

(1) a microbial pesticide or biochemical pesticide that is registered with the United States Environmental Protection Agency;

(2) a horticultural soap or oil that is registered with the United States Environmental Protection Agency and does not contain any synthetic pesticide or synergist; or

(3) a pesticide classified by the United States Environmental Protection Agency as an exempt material pursuant to 40 CFR 152.25.

"Microbial pesticide" means a pesticide with a microorganism as the active ingredient.

(b) No person, other than a pesticide applicator under the direct supervision of a supervisory pesticide applicator, may apply a pesticide within any school building or on the grounds of any school. This subsection shall not apply in the case of an emergency application of a pesticide to eliminate an immediate threat to human health where it is impractical to obtain the services of a pesticide applicator, provided that the emergency application does not involve a restricted use pesticide.

(c) No person shall apply a lawn care pesticide on the grounds of any school with students in grade eight or lower, except that:

(1) until July 1, 2025, a lawn care pesticide may be applied at a school on the playing fields and playgrounds of the school pursuant to an integrated pest management plan; and

(2) notwithstanding Section 3, an emergency application of a lawn care pesticide may be made if the school's local health department, the Department of Public Health, the Environmental Protection Agency, or the principal or superintendent of the school determines that the emergency application is necessary to eliminate a threat to human health.