Senate Bill No. 290
(By Senators Wagner, White, Grubb, Yoder,
Manchin, Schoonover and Macnaughtan)
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[Introduced February 8, 1995;
referred to the Committee on Agriculture; and then
to the Committee on Education.]
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A BILL to amend chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article two-h; and to amend and reenact section six, article two-b, chapter forty-nine of said code, all relating to the development and implementation of a pest management and pesticide safety program in West Virginia public schools and certain child care facilities.

Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article two-h; and that section six, article two-b, chapter forty-nine of said code be amended and reenacted, all to read as follows:
CHAPTER 18. EDUCATION

ARTICLE 2H. SCHOOL INTEGRATED PEST MANAGEMENT AND PESTICIDE SAFETY PROGRAM

§18-2H-1.Short Title.

This article may be cited as the "Pest Management and Pesticide Safety Program Act".
§18-2H-2. Statement of Purpose.
The legislature finds and declares that the exposure of children to hazardous pesticides in and around public schools can pose a potentially acute and chronic toxicological hazard to their health. The legislature further finds that infants and children can be especially vulnerable to pesticides, especially if pesticides are not properly applied or used. Therefore the legislature declares that public schools need to establish pest management programs that minimize exposure of school children to pesticides and provide for integrated pest control methods.

§18-2H-3. Definitions.

(1)For purposes of this article the following definitions apply:
(a)The term "integrated pest management" means a range of pest control activities, including monitoring, prevention, and pest population reduction through mechanical, physical, chemical, cultural, and biological means, that are integrated with knowledge of pest biology and site-specific factors to prevent pest damage or threats to human health and safety while optimizing human health and environmental quality;
(b)The term "pesticide" has the same meaning ascribed to such term in section 3(34), article 16A, chapter 19 of this code; and
(c) The term "pest" has the same meaning ascribed to such term in section 3(33), article 16A, chapter 19 of this code.

§18-2H-4. Model School Pest Management and Pesticide Safety Program.

(1) The state board of education shall make rules establishing a model school integrated pest management and pesticide safety program and distribute the program to the county boards of education by the first day of January, one thous
and
nine hundred and ninety-six.
(2) The model program shall specify at a minimum the following:
(a) Use of the least hazardous methods available to control pests;
(b) Alternative pesticide control methods and their
integration in public school pest management programs;
(c) A list of the pesticides approved for use in public schools as well as labels and appropriate information sheets for each pesticide;
(d) Procedures for notification of employees and parents of students prior to the application of pesticides in the public schools;
(e) Procedures for maintaining pest control use records;
(f) Procedures for training and certification of personnel conducting the program in proper methods of pesticide application that conform as nearly as practicable to those specified in article sixteen-a, chapter nineteen of this code;
(g) Prohibitions on the use of pesticides unless monitoring indicates pests are present;
(h) Time periods during which the application of pesticides is appropriate in public school buildings or on school grounds. However, in no event shall the program allow pesticide application in public school buildings or on school grounds during periods when students are expected to be present for normal academic instruction or organized extracurricular activities and for at least twelve hours thereafter;
(i) Prohibitions on the storage of pesticides in school buildings where normal academic instruction or organized extracurricular activities take place;
(j) Procedures for requiring any contracted pest control applicator to provide sufficient information to the schools;
(3) The state board of education may periodically revise the model school pest management and pesticide safety program guidelines as new integrated pest, pesticide, or alternative management techniques and methods are developed and new information on protecting school children from pesticides is developed.
(4) The state board of education may contract with the department of agriculture or an institution of higher education for the services of an expert in integrated pest management to consult with the board, the staff, pest control operators, pesticide applicators, and the general public regarding creation of a model school pest management and pesticide safety program.
(5) No later than the first day of June, one thousand nine hundred and ninety-six the county boards of education shall implement a school pest management and pesticide safety program in the school facilities under their control that ensures compliance with the model school pest management and pesticide safety program adopted herein by the state board of education.
CHAPTER 49. CHILD WELFARE

§49-2B-6. Conditions of licensure, approval and registration.

(a) A license or approval is effective for a period of two years from the date of issuance, unless revoked or modified to provisional status based on evidence of a failure to comply with the provisions of this article or any rules and regulations promulgated pursuant to this article. The license or approval shall be reinstated upon application to the commissioner and a determination of compliance.
A certificate of registration is effective for a period of two years from the date of issuance, unless revoked based on evidence of a failure to comply with the provisions of this article or any rules and regulations promulgated pursuant to this article. The certificate of registration shall be reinstated upon application to the commissioner, including a statement of assurance of continued compliance with the rules and regulations promulgated pursuant to this article.
The license, approval or registration issued under this article is not transferable and applies only to the facility and its location stated in the application. The license or approval shall be publicly displayed, except family day care homes, foster family homes, foster family group homes and group homes shall be required to display licenses or registration certificates upon request rather than by posting.
(b) A provisional license or approval may be issued as:
(i) An initial license or approval to a new facility which has been unable to demonstrate full compliance because the facility is not fully operational; or
(ii) A temporary license or approval to an established licensed facility which is temporarily unable to conform to the provisions of this article or the rules and regulations promulgated hereunder.
A provisional license or approval shall expire six months from the date of issuance and may be reinstated no more than two times. The issuance of a provisional license or approval shall be contingent upon the submission to the commissioner of an acceptable plan to overcome identified deficiencies within the period of the provisional license or approval. Provisional certificates of registration shall be issued to family day care homes.
(c) The commissioner, as a condition of issuing a license, registration or approval, may:
(i) Limit the age, sex or type of problems of children allowed admission to a particular facility;
(ii) Prohibit intake of any children; or
(iii) Reduce the number of children which the agency or facility operated by the agency is licensed, approved or registered to receive.
(d) Every residential child care facility, day care center, child placing agency, or family day care home issued a license or registered under this article shall comply with the provisions of the School Integrated Pest Management and Pesticide Safety Program Act set forth at §§18-2H-1 et seq. and the rules promulgated thereunder.
(e) The Commissioner shall furnish each residential child care facility, day care center, child placing agency, or family day care home issued a license or registered under this article with the rules promulgated by the state board of education establishing the School Integrated Pest Management and Pesticide Safety Program Act set forth at §§18-2H-1 et seq., and shall ensure compliance with such program before issuing or reissuing a license or registration and during the period of such registration or licensure.

NOTE: The purpose of this bill is to limit the exposure of children to hazardous pesticides by authorizing the state department of education to develop rules establishing a pest management and pesticide safety program for schools and requiring compliance by public schools, residential child care facilities, day care centers, child placing agencies, or family day care homes.
Strike-throughs indicate language that would be stricken, from present law, and underscoring indicates new language that would be added. Article two-h of chapter eighteen is new; therefore, strike-throughs and underscoring have been omitted.