HB1596ham003 104TH GENERAL ASSEMBLY

Rep. Laura Faver Dias

Filed: 4/6/2026

10400HB1596ham003 LRB104 08094 BDA 36098 a

AMENDMENT TO HOUSE BILL 1596

AMENDMENT NO. ______. Amend House Bill 1596 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Notice of State Restricted Pesticide Application Act.

Section 5. Definitions. As used in this Act:

"Day care center" has the meaning ascribed to it in the Child Care Act of 1969.

"Large-scale broadcast pesticide application" means an application of pesticide using broadcast methods to 5 or more contiguous acres of land.

"Opt-in notice recipient" means a school official or an administrator of a school, playground, public park, or day care center who has affirmatively requested advance notification of pesticide applications pursuant to Section 10.

"Park district administrator" means the executive director, superintendent, or other chief administrative officer of a park district, or a designee, as authorized under the Park District Code.

"Pesticide" has the meaning ascribed to it in the Illinois Pesticide Act.

"Pesticide applicator" means any certified applicator or licensed operator as defined in the Illinois Pesticide Act.

"Playground" means a piece of land owned or controlled by a unit of local government that is designated primarily for children's recreation.

"Public park" means a park, forest preserve, or conservation area under the jurisdiction of a park district or unit of local government, for which administrative contact information is publicly available.

"School" means any public or private preschool or public or private elementary or secondary school.

"School official" means the principal or superintendent of a school.

"State restricted use pesticide" means a pesticide classified for restricted use by the U.S. Environmental Protection Agency Administrator under the Federal Insecticide, Fungicide, and Rodenticide Act and federal regulations at 40 CFR 152.160 through 152.175.

Section 10. Notice of application.

(a) Pesticide applicators or their employers performing large-scale broadcast applications of State restricted use pesticides shall, no later than January 15 of each calendar year, provide a written blanket notification to each school, playground, public park, or day care center located within 1,500 feet of a planned application area. The blanket notification shall cover the period from April 1 through September 30 of each calendar year.

(1) The blanket notification under this subsection (a) shall include:

(A) a statement that large-scale broadcast pesticide applications may occur during the covered period;

(B) a general description of the geographic area where applications may occur;

(C) a description of the right to opt in to receive advance notice under subsection (b); and

(D) clear instructions for opting in, including the method for designating a primary and alternate contact person, and a deadline established under this subsection.

(2) Schools, playgrounds, public parks, and day care centers must submit a request to opt in to receive advance notice under subsection (b) no later than March 1 of each calendar year. A pesticide applicator or the applicator's employer shall confirm receipt of, or respond to, an opt-in request within 21 days after March 1.

(b) A pesticide applicator or the applicator's employer shall provide advance written notice under this subsection (b) only to opt-in notice recipients. Advance written notice shall be provided at least 24 hours, but not more than 72 hours, before performing a large-scale broadcast application of a State restricted use pesticide within 1,500 feet of the boundaries of a property of an opt-in notice recipient.

(1) Advance written notice shall be provided to:

(A) the school official for the opt-in recipient school;

(B) the park district administrator for the opt-in recipient public park or playground under the jurisdiction of a park district or the appropriate administrative official for the public park or playground under the jurisdiction of another unit of local government; or

(C) the administrator or owner for the opt-in recipient day care center, as identified in the publicly accessible database maintained by the Department of Children and Family Services.

(2) Schools, playgrounds, public parks, and day care centers are not required to provide advance written notice for pesticide applications occurring on their own properties.

(3) If the application time must be changed, the applicator or employer shall provide updated notice as soon as practicable and no less than 24 hours before the revised application time, unless an exemption under subsection (c) applies.

(4) At a minimum, advance written notice shall include:

(A) the intended location and range of dates and times during which the pesticide may be applied;

(B) the common name of each product to be applied;

(C) the type of pesticide, including whether it is an herbicide, fungicide, or insecticide;

(D) the name and telephone number of the pesticide applicator or the applicator's employer; and

(E) contact information for the Department of Agriculture for pesticide misuse complaints.

(5) Advance written notice must be provided by electronic mail. Opt-in recipients are responsible for maintaining current contact information. A pesticide applicator or employer is not liable for failure of notice resulting from outdated or incorrect information provided by an opt-in notice recipient.

(6) A pesticide applicator or the pesticide applicator's employer may reasonably rely on publicly available State-maintained or officially recognized databases or directories to identify and provide advance written notice to entities described in this Section and shall not be liable for omissions resulting from incomplete or outdated information contained in such sources.

(c) The following are exempt from the requirements of this Section:

(1) the application of a solid mosquito larvicide in accordance with 8 Ill. Adm. Code 250.210 or successor rules; and

(2) pesticide applications made in response to:

(A) disease-causing agents in vector mosquitoes;

(B) the occurrence of mosquito-borne disease in animal or human populations; or

(C) a natural disaster recovery effort.

Section 15. Construction with other laws.

(a) Nothing in this Act authorizes pesticide application during times prohibited by other Illinois statutes, including the Pesticide Application at Schools Act.

(b) Notifications concerning pesticide applications to rights-of-way are governed by the Pesticide Application on Rights-of-Way Notification Act.

(c) Nothing in this Act shall be construed to limit the application of any provision of the Lawn Care Products Application and Notice Act.

Section 20. Penalties; rulemaking; review.

(a) Upon determination of a violation of this Act or any rule adopted under this Act, the Department of Agriculture may impose the following administrative penalties after notice and opportunity for hearing:

(1) $250 for a first violation;

(2) $500 for a second violation; and

(3) $1,000 for a third or subsequent violation.

(b) Penalties shall be deposited into the Pesticide Control Fund. If an administrative penalty becomes final and is unpaid 60 days after becoming final, the Attorney General may collect the penalty in a civil action.

(c) The Department of Agriculture shall adopt rules to administer and implement this Act. Final administrative decisions are subject to judicial review under the Administrative Review Law.".