School Environment Protection Act of 1999

S 1716 IS

106th CONGRESS

1st Session

S. 1716

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to require local educational agencies and schools to implement integrated pest management systems to minimize the use of pesticides in schools and to provide parents, guardians, and employees with notice of the use of pesticides in schools, and for other purposes.

IN THE SENATE OF THE UNITED STATES

October 12, 1999

Mr. TORRICELLI (for himself and Mrs. MURRAY) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry


A BILL

To amend the Federal Insecticide, Fungicide, and Rodenticide Act to require local educational agencies and schools to implement integrated pest management systems to minimize the use of pesticides in schools and to provide parents, guardians, and employees with notice of the use of pesticides in schools, and for other purposes.

SECTION 1. SHORT TITLE.

SEC. 2. FINDINGS.

SEC. 3. INTEGRATED PEST MANAGEMENT SYSTEMS FOR SCHOOLS.

`SEC. 33. INTEGRATED PEST MANAGEMENT SYSTEMS FOR SCHOOLS.

determined by the Administrator to be an acutely or moderately toxic pesticide, carcinogen, mutagen, teratogen, reproductive toxin, developmental neurotoxin, endocrine disrupter, or immune system toxin, and any application of the pesticide using a broadcast spray, dust, tenting, fogging, or baseboard spray application. information by the Board and shall not be released to the public. least toxic pesticide) and bait station that may be used by a school in buildings or on school grounds; of the application of the pesticide for emergency pest control that includes-- appropriation, such amounts as the Secretary determines are necessary to provide funds to each State educational agency of a State, in proportion to the amount of civil penalties collected in the State under subsection (j)(1), to carry out education, training, propagation, and development activities under integrated pest management systems of schools in the State to remedy the harmful effects of actions taken by the persons that paid the civil penalties.

SEC. 4. CONFORMING AMENDMENT.

`(a) In general.

`(b)(1) Minor use pesticide data.

`(2) Minor Use Pesticide Data Revolving Fund.

`(a) Definitions.

`(1) Board.

`(2) Contact person.

`(3) Crack and crevice treatment.

`(4) Emergency.

`(5) Fund.

`(6) Integrated pest management system.

`(7) Least toxic pesticides.

`(8) List.

`(9) Local educational agency.

`(10) Official.

`(11) Person.

`(12) Pesticide.

`(13) School.

`(14) School ground.

`(15) Space spraying.

`(16) Staff member.

`(17) State educational agency.

`(18) Universal notification.

`(b) Integrated pest management systems.

`(1) In general.

`(2) Implementation.

`(3) State programs.

`(4) Application to schools and school grounds.

`(5) Application of pesticides when schools in use.

`(c) National School Integrated Pest Management Advisory Board

`(1) In general.

`(2) Composition of Board.

`(3) Appointment.

`(4) Term.

`(5) Meetings.

`(6) Compensation.

`(7) Chairperson.

`(8) Quorum.

`(9) Decisive votes.

`(10) Administration.

`(11) Responsibilities of the Board.

`(12) Requirements.

`(13) Petitions.

`(14) Periodic review.

`(15) Confidentiality.

`(d) List of Least Toxic Pesticides.

`(1) In general.

`(2) Procedure for evaluating pesticide use.

`(e) Office of Pesticide Programs.

`(1) Establishment.

`(2) Duties.

`(f) Contact person.

`(1) In general.

`(2) Duties.

`(3) Pesticide use data.

`(g) Notice of Integrated Pest Management System.

`(1) In general.

`(2) Contents.

`(3) Use of pesticides.

`(4) New employees and students.

`(h) Use of pesticides.

`(1) In general.

`(2) Prior notification of parents, guardians, and staff members.

`(3) Posting of signs.

`(4) Administration.

`(5) Emergencies.

`(6) Drift of pesticides onto school ground.

`(i) Meetings.

`(1) In general.

`(2) Emergency meetings.

`(j) Investigations and orders.

`(1) In general.

`(2) Preliminary order.

`(3) Objections to preliminary order.

`(4) Hearing.

`(5) Final order.

`(6) Settlement agreement.

`(7) Costs.

`(8) Judicial review and venue.

`(k) Civil penalty.

`(1) In general.

`(2) Transfer to Trust Fund.

`(l) Integrated Pest Management Trust Fund.

`(1) Establishment.

`(2) Expenditures from Fund.

`(3) Investment of amounts.

`(4) Transfers of amounts.

`(5) Acceptance and use of donations.

`(m) Employee protection.

`(1) In general.

`(2) Complaints.

`(3) Remedial action.

`(n) Grants.

`(1) In general.

`(2) Amount.

`(o) Relationship to State and local requirements.

`(p) Regulations.

`(q) Restriction on pesticide use.

`(r) Authorization of appropriations.

SEC. 5. EFFECTIVE DATE.

END