Representative Brian S. King proposes the following substitute bill:




Chief Sponsor: Brian S. King

Senate Sponsor: ____________


8     General Description:
9          This bill requires a public school to provide certain notification related to the
10     application of a pesticide product.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires a local education agency (LEA) to annually notify a school community of
15     all pesticide products intended for use at the school;
16          ▸     requires an LEA to notify the school community before applying a pesticide product
17     that the LEA did not include in the annual notification;
18          ▸     provides exceptions to the pesticide product notification requirements; and
19          ▸     requires the State Board of Education to make rules.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     ENACTS:

26          53A-3-432, Utah Code Annotated 1953

28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 53A-3-432 is enacted to read:
30          53A-3-432. Pesticide application notification requirements.
31          (1) As used in this section:
32          (a) "Board" means the State Board of Education.
33          (b) "Local education agency" or "LEA" means:
34          (i) a school district;
35          (ii) a charter school; or
36          (iii) the Utah Schools for the Deaf and the Blind.
37          (c) "Pest" means the same as that term is defined in Section 4-14-2.
38          (d) (i) "Pesticide product" means a product containing a substance or mixture of
39     substances that is intended to prevent, destroy, repel, control, or mitigate pests.
40          (ii) "Pesticide product" does not include living organisms.
41          (e) "School community" means individuals associated with a school, including:
42          (i) a student enrolled in the school;
43          (ii) a parent of a student enrolled in the school; or
44          (iii) a school employee.
45          (2) On or before October 1 of each school year, an LEA shall provide written
46     notification to members of the school community of all pesticide products that the LEA plans
47     to apply inside a school building or on school grounds during that school year.
48          (3) In the annual notification described in Subsection (2), the LEA shall include:
49          (a) the name of each pesticide product;
50          (b) the active ingredients in each pesticide product; and
51          (c) the intended or planned frequency of application for each pesticide product.
52          (4) (a) Except as provided in Subsection (5), if an LEA plans to apply a pesticide
53     product that the LEA did not include in the annual notification described in Subsection (2), the
54     LEA shall notify the school community of the pesticide product application no less than 72
55     hours before the application by:
56          (i) posting written notification at the school, in a location visible to the school

57     community; and
58          (ii) any other notification system that the LEA routinely uses to inform the school
59     community of matters relating to the school.
60          (b) The notification described in Subsection (4)(a) shall include the pesticide product's
61     name and active ingredients.
62          (5) An LEA is not required to provide notification for application of a pesticide
63     product that the LEA did not include in the annual notification described in Subsection (2) if:
64          (a) the urgent need of the pesticide product application makes it impractical for the
65     LEA to provide advance notice;
66          (b) an entity other than the school or LEA, including a mosquito district, is requiring
67     the pesticide product application; or
68          (c) the planned pesticide product application meets other criteria for exception from the
69     notification requirement, as defined by rule made under Subsection (7).
70          (6) Nothing in this section prohibits an LEA from notifying a school community before
71     each pesticide product application.
72          (7) The board shall make rules, in accordance with Title 63G, Chapter 3, Utah
73     Administrative Rulemaking Act, to establish:
74          (a) procedures for complying with the requirements of this section; and
75          (b) as appropriate, exceptions to the notification requirements described in this section.