COMMITTEE SUBSTITUTE
for
H. B. 3186
(By Delegates Browning and Staton)
[Originating in the Committee on Government Organization.]
(February 27,2006)
A BILL to amend and reenact §19-16A-4 of the Code of West Virginia,
1931, as amended; relating to a rule proposal by the
Commissioner.
Be it enacted by the Legislature of West Virginia:
That §19-16A-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted:
ARTICLE 16A. WEST VIRGINIA PESTICIDE CONTROL ACT.
§19-16A-4. Powers and duties of the commissioner.
(a) The commissioner of agriculture has the power and duty to
carry out the provisions of this article and is authorized to may:
(a) (1) Delegate to employees of the department of agriculture
the authority vested in the commissioner by virtue of the
provisions of this article;
(b) (2) Cooperate, receive grants in aid and enter into
agreements with any other agency of the state, the United States
department of agriculture, United States environmental protection agency or any other federal agency or any other state or agency
thereof for the purpose of carrying out the provisions of this
article;
(c) (3) Contract for research projects; and
(4) Design and conduct an appropriate educational program on
the use of pesticides and the necessity for care when applying the
same.
(b) The commissioner of agriculture shall:
(d) (1) Require that pesticides used in this state are
adequately tested and are safe for use under local conditions;
(e) (2) Require that individuals who sell, store, dispose or
apply pesticides are adequately trained and observe appropriate
safety practices;
(f) (3) Promulgate rules pursuant to chapter twenty-nine-a of
this code, including, but not limited to, the following:
(1) (A) Licensing of businesses that sell, store, recommend
for use, mix or apply pesticides;
(2) (B) Registration of pesticides for manufacture,
distribution, sale, storage or use in this state;
(3) (C) Requiring reporting and recordkeeping related to
licensing and registration;
(4) (D) Establishing training, testing and standards for
certification of commercial application, public application,
registered technician and private applicator;: Provided, That on or
before the twenty-eighth day of June, two thousand six, the commissioner shall propose a rule for legislative approval in
accordance with article three, chapter twenty-nine-a of this code,
which shall provide:
(i) A schedule of dates for the administration of the written
examination for certification and a method for the publication of
the schedule in the State Register and on the website of the
Department of Agriculture;
(ii) A method for verifying the identity, signature and work
experience of applicants for the certification exam;
(iii) A requirement for a criminal background investigation to
be conducted by the West Virginia State Police, the cost of which
shall be born by the applicant;
(iv) A method for the notification of applicants and licensees
of initial licensure and the licensure renewal, and the denial,
suspension or revocation of licenses;
(v) Waiting periods and retesting requirements for the
reinstatement of revoked or suspended licenses and the reactivation
of inactive licenses;
(vi) The form, format and fees required for applications for
testing, licensure and the renewal, reinstatement and reactivation
of licenses; and
(vii) A requirement for licensees to submit annual reports to
the Department for the treatment of wood destroying organisms;
(5) (E) Revoking, suspending or denying licenses, registration
and certification or certificate or permits;
(6) (F) Creating advisory committees made up of both pesticide
industry representatives and consumers as considered necessary to
implement this article;
(7) (G) Establishing a fee structure for licenses,
registration and certificate to defray the costs of implementing
this article;
(8) (H) Classifying or subclassifying certificate or
certificates to be issued under this article. The classification
may include, but not be limited to, agricultural, forest,
ornamental, aquatic, right-of-way, industrial, institutional,
structural or health-related pest control;
(9) (I) Restricting or prohibiting the sale or use and
disposal of any pesticide, pesticide container or residue which is
extremely hazardous;
(10) (J) Coordinating and supporting pesticide monitoring
programs;
(11) (K) Developing a program for registration of persons with
health sensitivity to pesticide drift;
(12) (L) Establishing guidelines and requirements, as deemed
necessary, for licenses, certificate holders and permittees for the
identification of pests and their methods of inspection of property
to determine the presence of pests;
(13) (M) Establishing procedures for reporting spills,
accidents or incidents; and
(14) (N) Such other rules necessary or convenient to carry out the purpose of this article;
(g) Design and conduct an appropriate educational program on
the use of pesticides and the necessity for care when applying the
same; and
(h) (c) Only after consultation with the state board of
education, division of human services for child welfare,
representatives from the environmental community, and
representatives of school and daycare employees, by the first day
of July, one thousand nine hundred ninety-five, promulgate
emergency rules, pursuant to article three, chapter twenty-nine-a
of this code, establishing an integrated pest management program.
The emergency and legislative rules for the program established in
this subsection shall include, but are not limited to, the
following:
(1) The use of least hazardous materials;
(2) That pesticides shall only be applied when monitoring
indicates that pest infestations are present;
(3) That students and school and daycare employees, except
school, board of education or daycare employees that are certified
applicators, shall not be present during application and provide
for appropriate
reentry times, except that pesticides may be
applied to a localized area of infestation when students or school
and daycare employees are present if the infestation causes an
imminent threat of bodily harm;
(4) A definition of pesticides; and
(5) A system for prior notification to parents and school and
daycare employees.
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