hb 0186

CHAPTER 167

HB 186-FN-A - FINAL VERSION

AN ACT establishing a pesticides training program.

SPONSORS: Rep. Melcher, Hills 11; Rep. Babson, Carr 5

This bill establishes a pesticides training program for the purpose of providing education regarding pesticides and the handling of pesticides to commercial pesticide applicators and other applicable persons. This bill establishes a pesticides training program fund to support the purposes of the training program and establishes certain reporting and budgeting requirements for the department of agriculture, markets, and food. Moneys for the fund shall be established by rule by the commissioner of agriculture, markets, and food and collected from program participants.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT establishing a pesticides training program.

Be it Enacted by the Senate and House of Representatives in General Court convened:

167:1 New Section; Insect Pests and Plant Diseases; Pesticides Controls; Pesticides Training Program. Amend RSA 430 by inserting after section 31-a the following new section:

I. The commissioner of the department of agriculture, markets, and food shall establish a pesticides training program. The purpose of the program is to provide educational assistance to commercial pesticide applicators, pesticide dealers, registrants, producers, sellers, and any other person, other than private applicators, whose activities are governed by the pesticides controls provisions set forth in this chapter and in administrative rules of the pesticides control board. The goal of this program is to ensure that pesticides are being handled in the most judicious and efficacious manner such that they shall provide the greatest benefits while posing the least risks to the citizens of New Hampshire. This shall be accomplished through education of persons who use, sell, distribute, or otherwise handle pesticides commercially, in matters pertaining to rules and regulations, new pesticides, advances in equipment and handling techniques, best management practices, integrated pest management (IPM), and other such subject areas deemed applicable to the stated goal of the program. The program shall also serve to expand the venue and increase the number of recertification training sessions that are available to certified pesticide applicators.

II. There is established a continually appropriated non-lapsing fund to be known as the pesticides training program fund. The commissioner shall have authority to establish, by rules adopted under RSA 541-A, and collect, fees for participation in and use of the program established in RSA 430:31-b, I. All revenues generated from the pesticides training program shall be deposited in the fund. The fund shall only be used to support the purposes of the pesticides training program. The state treasurer may invest moneys in the fund as provided by law and all interest received on such investment shall be credited to the fund. The commissioner shall be authorized to accept grants, gifts, and donations from any public or private sources for deposit in the fund.

III. The department of agriculture, markets, and food shall submit an annual report, beginning on July 1, 2002, to the speaker of the house, president of the senate, and the governor and council which shall include, but not be limited to, training and educational programs offered or contracted by the division of pesticide control under the training program established by paragraph I of this section, the revenue generated from the program under paragraph II of this section, and the budget and revenue projections of the division.

IV. In addition to or in conjunction with the operating budget of the department of agriculture, markets and food, the department shall submit a budget for the biennium beginning July 1, 2003, and for each biennium thereafter, which shall include financial responsibility for and the costs of all training and educational programs offered or contracted by the division of pesticide control, the development of technological advancements in division programs, the revenue generated from the pesticides training program, and all revenues and expenditures of the dedicated fund established in paragraph II of this section.

167:2 New Subparagraph; Pesticides Training Program Fund. Amend RSA 6:12, I by inserting after subparagraph (dddd) the following new subparagraph:

(eeee) Moneys collected pursuant to RSA 430:31-b, II which shall be deposited in the pesticides training program fund.

167:3 Authorization for Contingent Renumbering. If any other act of the 2001 regular session of the general court which contains an amendment to RSA 6:12, I which inserts any new subparagraph into paragraph I of such section becomes law, the director of legislative services is authorized to make any technical changes to the numbering in any RSA sections inserted by this or any other act as necessary to conform said sections to proper RSA format. The authority granted under this section shall not include the power to make any substantive changes and shall expire upon printing of the 2001 session laws.