COMMITTEE SUBSTITUTE
FOR
H. B. 2471
(By Mr. Speaker, Mr. Chambers, and Delegate Manuel)

(Originating in the Committee on Education)

[February 28, 1995]

A BILL to amend article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section thirty- two; to amend article five of said chapter by adding thereto a new section, designated section nine-b; to amend article sixteen-a, chapter nineteen of said code by adding thereto a new section, designated section twenty-one-a; and to amend article two-b, chapter forty-nine of said code by adding thereto a new section, designated section seventeen, all relating to maintaining pesticide material safety data sheets at the county boards of education and the school; making it unlawful to spray pesticides in schools when students and school personnel are present; and maintaining material safety data sheets in day care centers.

Be it enacted by the Legislature of West Virginia:
That article two, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be further amended by adding thereto a new section, designated section thirty-two; to amend article five of said chapter by adding thereto a new section, designated section nine-b; to amend article sixteen-a, chapter nineteen of said code by adding thereto a new section, designated section twenty-one-a; and to amend article two-b, chapter forty-nine of said code by adding thereto a new section, designated section seventeen, all to read as follows:
CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.
§18-2-32. Pesticide information sheets.
The board shall, on or before the first day of July, one thousand nine-hundred ninety-five, direct each county board of education to maintain a list of all pesticides, as defined by section nineteen, article sixteen-a, chapter twenty-one-a, which are applied to to buildings or grounds of school under their control. This list shall include material safety data sheets for each pesticide.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-9b. Pesticide information sheets.
(a) The board shall, on or before the first day of July, one thousand nine-hundred ninety-five, maintain a list of all pesticides, as defined by section nineteen, article sixteen-a, chapter twenty-one-a, which are applied to the buildings or grounds of a school under their control. This list shall include material safety data sheets for each pesticide. Upon request the list shall be made available to school personnel and to parents or legal guardians of the students attending the school.
(b) The board shall direct each school to maintain a list of the pesticides which are applied to a building or grounds of the school. The list shall include material safety data sheets for each pesticide. A copy of the list shall be provided to the county board. An updated list shall be provided to the county board when the list is modified. Upon request the list shall be made available to school personnel and to parents or legal guardians of the students attending the school.
CHAPTER 19. AGRICULTURE.
ARTICLE 16A.WEST VIRGINIA PESTICIDE CONTROL ACT.
§19-16A-21a. Violation prohibiting the spraying of pesticides in schools when students and school personnel are present.
It shall be unlawful for any person to apply or to direct or permit another person to apply pesticides to the building or surrounding grounds of any school or day care center except in accordance with the provisions of this section.
(1) "Pesticide" shall be defined in accordance with section three of this article: Provided, That for the purposes of this section only "pesticides" shall not include antiseptics, soaps, germicides, or nonrestricted use disinfectants, sanitizers, or deodorizers regulated by the federal insecticide, fungicide and rodenticide act but includes other pesticides regulated under the federal insecticide, fungicide, and rodenticide act.
(2) Pesticides may be applied to a school building or on school grounds during period in which students and school personnel are not expected to be present during the application or for at a minimum of twelve hours after the completion of the application.
(3) Pesticides shall only be applied when monitoring indicates that pest infestations are present.
(4) Pesticide applicators shall use the least hazardous method available to control pests in school buildings or on school grounds.
(5) Prior to the day of application pesticide applicators shall provide the school or day care center with an appropriate material safety data sheet for each pesticide which will be applied. If any information on the material safety data sheet changes subsequent to the application the pesticide applicator shall provide the school or day care center with an updated material safety data sheet reflecting all changes.
CHAPTER 49. CHILD WELFARE.
ARTICLE 2B. DUTIES OF COMMISSION OF HUMAN SERVICES FOR CHILD WELFARE.
§49-2B-17. Pesticide information sheets.
(a) The Commissioner shall, on or before the first day of July, one thousand nine-hundred ninety-five, maintain a list of all pesticides, as defined by section nineteen, article sixteen- a, chapter twenty-one-a, which are applied to a day care center under the commissioner's control. This list shall include material safety data sheets for each pesticide.
(b) The Commissioner shall direct each day care center to maintain a list of the pesticides which are applied to the building or grounds of the day care center. This list shall include material safety data sheets for each pesticide. Upon request the list shall be made available to employees and parents or legal guardian of the children attending the day care center.