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.


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A BILL FOR

 

SB1772LRB103 28768 CPF 55151 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Pesticide Act is amended by adding
5Section 13.10 as follows:
 
6    (415 ILCS 60/13.10 new)
7    Sec. 13.10. Lawn care pesticides; schools.
8    (a) In this Section:
9    "Biochemical pesticide" means a naturally occurring
10substance that controls pests by nontoxic mechanisms.
11    "Integrated pest management" has the same meaning as
12defined in Section 3.25 of the Structural Pest Control Act.
13    "Integrated pest management plan" means a written plan for
14integrated pest management.
15    "Lawn care pesticide" means a pesticide registered by the
16United States Environmental Protection Agency and labeled
17pursuant to the federal Insecticide, Fungicide and Rodenticide
18Act for use in lawn, garden, or ornamental sites or areas.
19"Lawn care pesticide" does not include:
20        (1) a microbial pesticide or biochemical pesticide
21    that is registered with the United States Environmental
22    Protection Agency;
23        (2) a horticultural soap or oil that is registered

 

 

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1    with the United States Environmental Protection Agency and
2    does not contain any synthetic pesticide or synergist; or
3        (3) a pesticide classified by the United States
4    Environmental Protection Agency as an exempt material
5    pursuant to 40 CFR 152.25.
6    "Microbial pesticide" means a pesticide with a
7microorganism as the active ingredient.
8    (b) No person, other than a pesticide applicator under the
9direct supervision of a supervisory pesticide applicator, may
10apply a pesticide within any school building or on the grounds
11of any school. This subsection shall not apply in the case of
12an emergency application of a pesticide to eliminate an
13immediate threat to human health where it is impractical to
14obtain the services of a pesticide applicator, provided that
15the emergency application does not involve a restricted use
16pesticide.
17    (c) No person shall apply a lawn care pesticide on the
18grounds of any school with students in grade eight or lower,
19except that:
20        (1) until July 1, 2025, a lawn care pesticide may be
21    applied at a school on the playing fields and playgrounds
22    of the school pursuant to an integrated pest management
23    plan; and
24        (2) notwithstanding Section 3, an emergency
25    application of a lawn care pesticide may be made if the
26    school's local health department, the Department of Public

 

 

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1    Health, the Environmental Protection Agency, or the
2    principal or superintendent of the school determines that
3    the emergency application is necessary to eliminate a
4    threat to human health.