Concerning: Pesticides Notice Requirements Non-Essential Pesticides Prohibitions Cosmetic

1 1 Bill No. 52-14 2 Concerning: Pesticides – Notice 3 Requirements – [[ Non-essential 4 Pesticides – Prohibitions ]] Cosmetic 5 Pesticide Use Restrictions 6 Revised: October 6, 2015 Draft No. 11

8 Introduced: October 28, 2014 9 Enacted: October 6, 2015 10 Executive: Returned unsigned; 11 becomes law October 20, 2015 12 Effective: January 19, 2016; see 13 Section 3 for specific provisions 14 Sunset Date: None 15 Ch. 46 , Laws of Mont. Co. 2015

17 18 COUNTY COUNCIL 19 FOR MONTGOMERY COUNTY, MARYLAND 20 21By: Lead Sponsors Council Vice President Leventhal and Councilmembers Elrich, Hucker, Riemer, 22 and Navarro 23 Co-sponsor: Councilmember Floreen

24 25AN ACT to: 26 (1) require posting of notice for certain [[lawn]] applications of pesticide; 27 (2) [[prohibit the use of certain pesticides on lawns]] [[require a Countywide pesticide use 28 reduction plan]] prohibit the use of certain pesticides on lawns; 29 (3) [[require common ownership communities to take certain steps before the application of 30 certain pesticides; 31 (4)]] prohibit the use of certain pesticides on playgrounds, children’s facilities, and certain 32 County-owned property; 33 [[(4)]][[(5)]] (4) require the County to adopt an integrated pest management program for 34 certain County-owned property; [[and]] 35 [[(5)]][[(6)]] (5) require the Parks Department to take certain steps to reduce the use of 36 certain pesticides; and 37 [[(7)]] (6) generally amend County law regarding pesticides. 38 39By amending 40 Montgomery County Code 41 Chapter 33B, Pesticides 42 Sections 33B-1, 33B-2, 33B-3, 33B-4, 33B-5, 33B-6, and 33B-7 43 44By adding 45 Montgomery County Code 2 3 BILL NO. 52-14 4

46 Chapter 33B, Pesticides 47 Articles 2, 3, and 4[[, and 5]] 48 Sections 33B-8, 33B-9, 33B-10, 33B-11, 33B-12, [[and]] 33B-13, and 33B-14[[, 33B-15, 4933B-16 and 33B-17]] 50 51 Boldface Heading or defined term. 52 Underlining Added to existing law by original bill. 53 [Single boldface brackets] Deleted from existing law by original bill. 54 Double underlining Added by amendment. 55 [[Double boldface brackets]] Deleted from existing law or the bill by amendment. 56 * * * Existing law unaffected by bill. 57 58The County Council for Montgomery County, Maryland approves the following Act:

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59 Sec. 1. Sections 33B-1, 33B-2, 33B-3, 33B-4, 33B-5, 33B-6 and 33B-7 are 60amended, and Sections 33B-8, 33B-9, 33B-10, 33B-11, 33B-12, [[and]] 33B-13, 61and 33B-14[[, 33B-15, 33B-16 and 33B-17]] are added as follows: 62 ARTICLE 1. General Provisions 6333B-1. Legislative findings and purpose. 64 (a) The County Council finds that: 65 (1) pesticides have value when they are used to protect the public 66 health, the environment, and our food and water supply; 67 (2) pesticides, by definition, contain toxic substances, many of which 68 may have a detrimental effect on human health and the 69 environment and, in particular, may have developmental effects 70 on children; 71 (3) exposure to certain pesticides has been linked to a host of serious 72 conditions in children including pediatric cancers, decreased 73 cognitive function, and behavioral problems such as ADHD, and 74 the following conditions in adults: Parkinson’s disease, diabetes, 75 leukemia, lymphoma, lupus, rheumatoid arthritis, dementia, 76 reproductive dysfunction, Alzheimer’s disease, and a variety of 77 cancers including breast, colon, prostate and lung cancer; 78 (4) clean water is essential to human life, wildlife and the 79 environment, and the unnecessary use of pesticides and 80 herbicides for cosmetic purposes contributes to the deterioration 81 of water quality, as substantiated by several studies including the 82 2014 USGS study which found that 90% of urban waterways 83 have pesticide levels high enough to harm aquatic life; 84 (5) bees and other pollinators are crucial to our ecosystem, and the 85 use of neonicotinoid insecticides, which have been repeatedly

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86 and strongly linked with the collapse of honey bee colonies, as 87 well as harm to aquatic insects and birds, pose an unacceptable 88 risk to beneficial organisms; 89 (6) there are non- and less-toxic alternatives and methods of 90 cultivating a healthy, green lawn that do not pose a threat to 91 public health, and that use of pesticides for cosmetic purposes is 92 not necessary for the management of lawns, especially in light of 93 the risks associated with their use; 94 (7) pesticide regulations at the federal and State level, and the risk 95 assessments that inform them, do not mimic real world exposure 96 scenarios and fail to account for synergistic or cumulative effects 97 of multiple chemicals acting on the same pathway; do not include 98 sufficient evaluation of a pesticide’s “inert” ingredients and the 99 pesticide formulations that are sold to consumers; and often fail 100 to take sensitive populations like children and pollinators into 101 account; 102 (8) in the absence of adequate regulation at the federal or State level, 103 the County is compelled to act to protect the health of children, 104 families, pets and the environment. 105 (b) The purpose of this Chapter is to protect the public health and welfare 106 and to minimize the potential pesticide hazard to people and the 107 environment, consistent with the public interest in the benefits derived 108 from the safe use and application of pesticides. The goal is to inform 109 the public about pesticide applications and minimize the use of 110 pesticides for cosmetic purposes, while not restricting the ability to use 111 pesticides in agriculture, for the protection of public health, or for other 112 public benefit.

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11333B-2. Definitions. 114 In this [chapter] Chapter: 115 Agriculture means the business, science, and art of cultivating and managing 116 the soil, composting, growing, harvesting, and selling sod, crops and livestock, 117 and the products of forestry, horticulture and hydroponics; breeding, raising, or 118 managing livestock, including horses, poultry, fish, game and fur-bearing 119 animals; dairying, beekeeping and similar activities, and equestrian events and 120 activities. 121 Children’s facility means a building or part of a building which, as part of its 122 function, is regularly occupied by children under the age of 6 years and is 123 required to obtain a certificate of occupancy as a condition of performing that 124 function . Children’s facility includes a child day care center, family day care 125 home, nursery school, and kindergarten classroom. 126 Custom applicator means a person engaged in the business of applying 127 pesticides. 128 Department means the Department of Environmental Protection. 129 Director means Director of the Department of Environmental Protection[,] or 130 the Director's designee. 131 Garden means an area of land used to cultivate food crops, flowers, or other 132 ornamental plants. 133 [[Integrated pest management means a process for managing pests that: 134 (1) uses monitoring to determine pest injury levels; 135 (2) combines biological, cultural, mechanical, physical, and chemical 136 tools and other management practices to control pests in a safe, 137 cost effective, and environmentally sound manner that 138 contributes to the protection of public health and sustainability;

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139 (3) uses knowledge about pests, such as infestations, thresholds, life 140 histories, environmental requirements, and natural control of 141 pests; and 142 (4) uses non-chemical pest-control methods and the careful use of 143 least-toxic chemical methods when non-chemical methods have 144 been exhausted or are not feasible.]] 145 [[Larvicide means a pesticide designed to kill larval pests.]] 146 Lawn means an area of land, except agricultural land, that is: 147 (1) [Mostly] mostly covered by grass, other similar herbaceous 148 plants, shrubs, or trees; and 149 (2) [Kept] kept trim by mowing or cutting. 150 [[Lawn includes an athletic playing field other than a golf course.]] Lawn does 151 not include a: 152 (1) playing field; 153 (2) golf course; [[or]] 154 (3) garden; or 155 (4) tree or shrub.. 156 [[ Lawn care pesticide means a pesticide registered by the United States 157 Environmental Protection Agency and labeled pursuant to the Federal 158 Insecticide, Fungicide and Rodenticide Act for use in lawn, garden and 159 ornamental sites or areas.]] 160 Listed pesticide means: 161 (1) a pesticide the active ingredients of which are recommended by 162 the National Organic Standards Board (NOSB) pursuant to 7 163 U.S.C. § 6518, as amended, and published as the National List at 164 7 C.F.R. §§ 205.601 and 205.602; or

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165 (2) a pesticide designated a “minimum risk pesticide” under the 166 Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) § 167 25(b) and listed in 40 C.F.R. § 152.25(f). 168 Mulched recreation area means an area of land covered with natural or 169 synthetic mulch or wood chips that is not a playground, but is open to the 170 public for picnic or other recreation use. 171 Neonicotinoid means a class of neuro-active pesticides chemically related to 172 nicotine. Neonicotinoid includes acetamiprid, clothianidin, dinotefuran, 173 imidacloprid, nitenpyram, nithiazine, thiacloprid, and thiamethoxam. 174 [[Non-essential pesticide means a pesticide designated as a non-essential 175 pesticide under Section 33B-4.]] 176 Pest means an insect, snail, slug, rodent, nematode, fungus, weed, or other 177 form of plant or animal life or microorganism (except a microorganism on or 178 in a living human or animal) that is normally considered to be a pest or defined 179 as a pest by applicable state regulations. 180 Pesticide means a substance or mixture of substances intended or used to: 181 (1) prevent, destroy, repel, or mitigate any pest; 182 (2) be used as a plant regulator, defoliant, or desiccant; or 183 (3) be used as a spray adjuvant, such as a wetting agent or adhesive. 184 However, pesticide does not include an antimicrobial agent, such as a 185 disinfectant, sanitizer, or deodorizer, used for cleaning that is not considered a 186 pesticide under any federal or state law or regulation. 187 Playground means an outdoor children’s play area that is on the premises of a 188 children’s facility, school, apartment building or complex, common ownership 189 community, or park. Playground includes a mulched path that is used to enter 190 a children’s play area. 191 Playing field means:

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192 (1) an athletic field maintained by the Montgomery County 193 Department of Parks; or 194 (2) an area of land on private property maintained exclusively for 195 sporting use. 196 Private lawn application means the application of a pesticide to a lawn on 197 property owned by or leased to the person applying the pesticide. Private 198 lawn application does not include: 199 (1) applying a pesticide for the purpose of engaging in agriculture; or 200 (2) applying a pesticide around or near the foundation of a building 201 for the purpose of indoor pest control[[; 202 (3) applying a pesticide to a golf course or turf farm]]. 203 Registered pesticide means a pesticide registered by the United States 204 Environmental Protection Agency and labeled pursuant to FIFRA for use in 205 lawn, garden and ornamental sites or areas. 206 [[ Restricted lawn care pesticide means a pesticide designated as a restricted 207 lawn care pesticide under Section 33B-4.]] 208 Vector or disease vector means an animal, insect, or microorganism that 209 carries and transmits an infectious pathogen into another organism. 210 Waterbody means waters located within the County that are: 211 (1) subject to the ebb and flow of the tide; or 212 (2) free flowing, unconfined, and above-ground rivers, streams or 213 creeks. 214[33B-4.] [[33B-2.]] 33B-3. Signs with retail purchase of pesticide. 215 A person who sells at retail a pesticide or material that contains a pesticide 216must: 217 (a) make available to a person who buys the pesticide or material that 218 contains a pesticide:

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219 [[(a)]](1) [Notice] notice signs and supporting information that are 220 approved by the [department] Department; [[and]] 221 [[(b)]](2) [The] the product label or other information that [the 222 federal Insecticide, Fungicide, and Rodenticide Act] FIFRA [, 7 223 U.S.C. 136 et seq.,] requires for sale of the pesticide[[.]]; and 224 (3) materials approved or distributed by the Department that: 225 (A) explain the dangers of contamination that may occur from 226 pesticide use; and 227 (B) inform buyers of the availability of alternative products; 228 and 229 (b) display a sign or signs in each area of the retail establishment where 230 registered pesticides are available to consumers, with language 231 approved by the Department, that: 232 (1) informs buyers of the County law on the use of registered 233 pesticides on lawns; and 234 (2) identifies pest control options that are permissible for lawn 235 application under the law. 236 The Department must enforce this Section and must annually inspect each 237person who sells at retail a pesticide or material that contains a pesticide. 238[33B-5] [[33B-3.]] 33B-4. Storage and handling of pesticides. 239Any person who sells at retail a pesticide or material that contains a pesticide must: 240 (a) transport, display, and store each pesticide in a secure, properly labeled 241 container that resists breakage and leakage, and promptly clean up and 242 either repackage or properly dispose of any pesticide that escapes from 243 its container; 244 (b) display and store each pesticide separately from any food, medicine, or 245 other product that a human being or animal may ingest; and

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246 (c) transport each pesticide separately from any food, medicine, or other 247 product that a human being or animal may ingest unless the pesticide is 248 in a secure container that resists breakage and leakage[[; 249 (d) offer to each buyer of a pesticide materials approved or distributed by 250 the Department that: 251 (1) explain the dangers of contamination that may occur from 252 pesticide use; and 253 (2) inform buyers of the availability of alternative products]]. 254 The Department, the Health and Human Services Department, and any other 255agency designated by the County Executive, must enforce this Section. 256[33B-6] [[33B-4.]] 33B-5. Regulations. 257 (a) The [County] Executive must adopt regulations to carry out this 258 Chapter under method (2). 259 (b) The Executive must include in the regulations adopted under this 260 [section] Section the minimum size or quantity, and type of pesticide 261 subject to [section 33B-4] Section [[33B-2]] 33B-3. 262 (c) [[The Executive must include in the regulations adopted under this 263 Section a list of]] [[non-essential]] [[restricted lawn care pesticides. 264 The list of]] [[non-essential]] [[restricted lawn care pesticides must be 265 based on an evaluation of all lawn care pesticides and must include: 266 (1)]] [[all pesticides]] [[each pesticide classified]] [[as “Carcinogenic 267 to Humans” or “Likely to Be Carcinogenic to Humans”]] [[by the 268 U.S. Environmental Protection Agency as: 269 (A) “carcinogenic to humans” (Group A); 270 (B) “likely to be carcinogenic to humans” (Groups B1 and 271 B2):

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272 (C) “suggestive evidence of carcinogenic potential” (Group 273 C); or 274 (D) inadequate information to assess carcinogenic potential” 275 (Group D); 276 (2)]] [[all pesticides]] [[each pesticide classified by the U.S. 277 Environmental Protection Agency as a “Restricted Use Product”; 278 (3)]] [[all pesticides classified as a “Class 9” pesticide by the Ontario, 279 Canada, Ministry of the Environment]] [[each pesticide classified 280 by the International Agency for Research on Cancer as: 281 (A) “carcinogenic to humans” (Group 1); 282 (B) “probably carcinogenic to humans” (Group 2A); 283 (C) “possibly carcinogenic to humans” (Group 2B); or 284 (D) “not classifiable as to its carcinogenicity to humans” 285 (Group 3); 286 (4)]] [[all pesticides classified as a “Category 1 Endocrine Disruptor” 287 by the European Commission]] [[each pesticide in the top 288 quartile of toxicity for pesticides evaluated by the U.S. 289 Environmental Protection Agency or other federal government 290 authority for systemic non-carcinogenic human toxicity; and 291 (5)]] [[any other pesticides which the Executive determines are not 292 critical to pest management in the County]] [[each pesticide in 293 the top quartile of toxicity for pesticides evaluated by the U.S. 294 Environmental Protection Agency for: 295 (A) chronic toxicity to fish: and 296 (B) chronic toxicity to aquatic invertebrates.

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297 (d)]] The Executive must include in the regulations adopted under this 298 Section a list of invasive species that may be detrimental to the 299 environment in the County. 300 [[(e)]] (d) The Executive must review and update the [[lists]] list of [[non- 301 essential]] [[restricted lawn care pesticides and]] invasive species 302 designated under [[subsections]] subsection (c) [[and (d)]] by July 1 of 303 each year. 304 [33B-7] [[33B-5.]] 33B-6. Penalty for violating chapter. 305 (a) Any violation of this Chapter is a class C violation. 306 (b) Each day a violation continues is a separate offense. 307 ARTICLE 2. Notice Requirements. 308[33B-2] [[33B-6.]] 33B-7. Notice about pesticides to customer [[; 309acknowledgement and direction by customer]]. 310 (a) In this [section] Section: 311 (1) Customer means a person who makes a contract with a custom 312 applicator to have the custom applicator apply a pesticide to a 313 lawn. 314 (2) New customer includes a customer who renews a contract with a 315 custom applicator. 316 (b) A custom applicator must give to a new customer: 317 (1) [Before] before application, a list of: 318 [a.](A) [The] the trade name of each pesticide that might be 319 used; 320 [b.](B) [The] the generic name of each pesticide that might 321 be used; and 322 [c.](C) [Specific] specific customer safety precautions [[, 323 including all potential health risks identified by the United

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324 States Environmental Protection Agency and the World 325 Health Organization]] for each pesticide that might be 326 used; and 327 (2) [After] after application, a list of: 328 [a.](A) [The] the trade name of each pesticide actually 329 used; and 330 [b.](B) [The] the generic name of each pesticide actually 331 used; and 332 (3) [A] a written notice about pesticides prepared by the 333 [department] Department under subsection (c) [of this section]. 334 (c) The [department] Department must prepare, keep current, and provide 335 to a custom applicator a written notice about pesticides for the custom 336 applicator to give to a customer under subsection (b) [of this section]. 337 (d) The notice prepared by the [department] Department under subsection 338 (c) [of this section] must include: 339 (1) [Government] government agency phone numbers to call to: 340 [a.](A) [Make] make a consumer complaint; 341 [b.](B) [Receive] receive technical information on 342 pesticides; and 343 [c.] (C) [Get] get assistance in the case of a medical 344 emergency; 345 (2) [A] a list of general safety precautions a customer should take 346 when a lawn is treated with a pesticide; 347 (3) [A] a statement that a custom applicator must: 348 [a.](A) [Be] be licensed by the Maryland Department of 349 Agriculture; and 350 [b.](B) [Follow] follow safety precautions; and

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351 (4) [A] a statement that the customer has the right to require the 352 custom applicator to notify the customer before each treatment of 353 the lawn of the customer with a pesticide. 354 [[(e) Before applying a pesticide to a lawn, a custom applicator must: 355 (1) inform a new customer of: 356 (A) the existence of other means of pest control without the use 357 of restricted lawn care pesticides; and 358 (B) the practice of integrated pest management (IPM), 359 including a description of the process of IPM that is 360 consistent with that of the U.S. Environmental Protection 361 Agency; and 362 (2) obtain from a new customer, in writing or other electronic format 363 approved by the Director : 364 (A) acknowledgement that the customer received the 365 information required under this subsection and subsection 366 (b); and 367 (B) direction from the customer as to whether or not to use 368 IPM practices. 369 (f) A custom applicator must retain a acknowledgement from a new 370 customer obtained under subsection (e) for at least one year.]] 371[33B-3] [[33B-7.]] 33B-8. Posting signs after application by custom applicator. 372 (a) Immediately after a custom applicator treats a lawn with a pesticide, the 373 custom applicator must [post a sign on the lawn] place markers within 374 or along the perimeter of the area where pesticides [[will be]] have been 375 applied. 376 (b) A [sign posted] marker required under this [section] Section must:

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377 (1) [Be] be clearly visible [from the principal place of access to] to 378 persons immediately outside the perimeter of the property; 379 (2) [Be] be a size, form, and color approved by the [department] 380 Department; 381 (3) [Be] be made of material approved by the [department] 382 Department; [and] 383 (4) [Have] have wording with content and dimensions approved by 384 the [department] Department[.]; and 385 (5) be in place on the day that the pesticide is applied. 386[[33B-8.]] 33B-9. Posting signs after application by property owner or tenant. 387 (a) A person who performs a private lawn application treating an area 388 more than 100 square feet, or an area of any size within five feet of a 389 property line, must place markers within or along the perimeter of the 390 area where pesticides [[will be]] have been applied. 391 (b) A marker required under this Section must: 392 (1) be clearly visible to persons immediately outside the perimeter of 393 the property; 394 (2) be a size, form, and color approved by the Department; 395 (3) be made of material approved by the Department; and 396 (4) have wording with content and dimensions approved by the 397 Department; and 398 (5) be in place on the day that the pesticide is applied. 399 ARTICLE 3. [[Application restrictions.]] [[Pesticide use reduction.]] 400 Application restrictions. 401[[33B-9.]] 33B-10. [[Prohibited application.]] [[Countywide use reduction plan.]] 402Prohibited applications. 403 [[A person must not apply a non-essential pesticide to a lawn.]]

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404 [[ (a) The Director must by July 1, 2016 provide a report to the County 405 Executive and County Council that outlines options for: 406 (1) determining a baseline estimate of the use of restricted lawn care 407 pesticides in the County; and 408 (2) measuring changes in the use of restricted lawn care pesticides in 409 the County over time. 410 (b) The Director must then develop a restricted lawn care pesticide use 411 plan, with a goal of reducing, by 2018, the use in the County of 412 restricted lawn care pesticides other than in agriculture by at least 50% 413 from the baseline established under subsection (a). 414 (c) If the reduction goal is not achieved, the Director must implement 415 additional measures to further reduce the use of restricted lawn care 416 pesticides.]] 417 (a) On County-owned property and private property, except as provided in 418 subsection (b), a person must not apply a registered pesticide other than 419 a listed pesticide to: 420 (1) a lawn; 421 (2) a playground; 422 (3) a mulched recreation area; 423 (4) a children’s facility; or 424 (5) the grounds of a children’s facility. 425 (b) A person may apply any registered pesticide to: 426 (1) control weeds as defined in Chapter 58, Weeds; 427 (2) control invasive species listed in a regulation adopted under 428 subsection 33B-5(c); 429 (3) control disease vectors; 430 (4) control biting or stinging insects or stinging plants;

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431 (5) control organisms that threaten the health of trees or shrubs; 432 (6) maintain property as part of efforts by a public utility to comply 433 with applicable vegetation management provisions of any 434 federal, state, or local law or regulation; 435 (7) control indoor pests, if applied around or near the foundation of 436 a building; 437 (8) control pests while engaged in agriculture; and 438 (9) control a pest outbreak that poses an imminent threat to human 439 health or prevent significant economic damage if a registered 440 pesticide is not used. 441 (c) If a pesticide is applied under paragraph (b)(9) of this Section, the 442 person applying the pesticide must: 443 (1) within seven days after a pesticide is applied on private property, 444 notify the Department of the application and the reasons for the 445 use of the pesticide; or 446 (2) within 30 days after a pesticide is applied on County-owned 447 property, inform the Council of the application and the reasons 448 for the use of the pesticide. 449[[33B-10.]] [[Exceptions and exemptions]] [[Playgrounds and Children’s 450Facilities.]] 451 [[(a) A person may apply a non-essential pesticide for the following 452 purposes: 453 (1) for the control of weeds as defined in Chapter 58, Weeds; 454 (2) for the control of invasive species listed in a regulation adopted 455 under Subsection 33B-4(d); 456 (3) for pest control while engaged in agriculture; and 457 (4) for the maintenance of a golf course.

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458 (b) A person may apply to the Director for an exemption from the 459 prohibition of Section 33B-9 for a non-essential pesticide. The Director 460 may grant an exemption to apply a non-essential pesticide on property 461 where application is prohibited under Section 33B-9 if the applicant 462 shows that: 463 (1) effective alternatives are unavailable; 464 (2) granting an exemption will not violate State or federal law; and 465 (3) use of the non-essential pesticide is necessary to protect human 466 health or prevent significant economic damage. 467 (c) A person may apply to the Director for an emergency exemption from 468 the prohibition in Section 33B-9 if a pest outbreak poses an imminent 469 threat to public health or if significant economic damage would result 470 from the inability to use a pesticide prohibited by Section 33B-9. The 471 Director may impose specific conditions for the granting of emergency 472 exemptions.]] 473 [[(a) Except as provided in subsection (b), a person must not apply a 474 restricted lawn care pesticide to a playground, children’s facility, or 475 the grounds of a children’s facility. 476 (b) A person may apply a restricted lawn care pesticide to a playground, 477 children’s facility, or the grounds of a children’s facility only to: 478 (1) control weeds as defined in Chapter 58, Weeds; 479 (2) control invasive species listed in a regulation adopted under 480 subsection 33B-4(d); 481 (3) control disease vectors; 482 (4) control biting or stinging insects or stinging plants; 483 (5) control organisms that threaten the health of trees or shrubs; or

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484 (6) control a pest outbreak that poses an imminent threat to human 485 health or prevent significant economic damage if a restricted 486 lawn care pesticide is not used.]] 48733B-11. Outreach and education campaign. 488 (a) The Executive must implement a public outreach and education 489 campaign before and during implementation of the provisions of this 490 Article. 491 (b) [[This]] The outreach and education campaign [[should]] must include 492 the provision of the following resources: 493 (1) the NOSB National List or the Organic Materials Review 494 Institute (OMRI) listed products which are the NOSB National 495 list products categorized by use; 496 (2) FIFRA § 25(b) minimum risk pesticides, listed in 40 C.F.R. § 497 152.25(f); and 498 (3) guidance on best practices for organic and pesticide-free lawn 499 care. 500 (c) The outreach and education campaign should include: 501 [[(a)]] (1) informational mailers to County households; 502 [[(b)]] (2) distribution of information through County internet and 503 web-based resources; 504 [[(c)]] (3) radio and television public service announcements; 505 [[(d)]] (4) news releases and news events; 506 [[(e)]] (5) information translated into Spanish, French, Chinese, 507 Korean, Vietnamese, and other languages, as needed; 508 [[(f)]] (6) extensive use of County Cable Montgomery and other 509 Public, Educational, and Government channels funded by the 510 County; [[and]] and

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511 [[(g)]] (7) posters and brochures made available at County events, on 512 Ride-On buses and through Regional Service Centers, libraries, 513 recreation facilities, senior centers, public schools, Montgomery 514 College, health care providers, hospitals, clinics, and other 515 venues[[; and 516 (h) a survey of pesticide use by County residents and custom applicators]]. 517 [[ARTICLE 4. Common Ownership Communities. 51833B-12. Definitions. 519 In this article the terms association document, common element, community 520association, owner, and unit have the meanings attributed to them in Section 10B-8. 52133B-13. Application of pesticide to individual units. 522 (a) Beginning July 1, 2016, each year, a community association must 523 provide owners an opportunity to decline to have a restricted lawn care 524 pesticide applied to the owner’s unit. 525 (b) If a unit owner declines to have a restricted lawn care pesticide applied, 526 the community association or its agent must not apply the restricted 527 lawn care pesticide to the unit. 52833B-14. Application of pesticide to common elements. 529 (a) Beginning July 1, 2016, each year, the owners in a common ownership 530 community must approve, by a majority of votes cast, in person or by 531 proxy, the application of a restricted lawn care pesticide to a common 532 element during the following year. 533 (b) A community association may apply to the Director for an emergency 534 exemption from the prohibition or restrictions under this Section if a 535 pest outbreak poses an imminent threat to public health or if significant 536 economic damage would result from the inability to use a restricted

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537 lawn care pesticide. The Director may impose specific conditions on 538 each emergency exemption. 539 (c) A community association must post notice of each pesticide application 540 to the common elements. The notice required under this subsection 541 must consist of signs that: 542 (1) are clearly visible to persons immediately outside the perimeter 543 of the property; 544 (2) are in place on the day that the pesticide is applied; 545 (3) are of a size, form, and color approved by the Department; 546 (3) are made of material approved by the Department; and 547 (4) have wording with content and dimensions approved by the 548 Department.]] 549 ARTICLE [[4.]] [[5.]] 4. County Property and Parks 550[[33B-12.]] [[33B-15.]] 33B-12. [[Prohibition]] Neonicotinoid pesticides on 551County-owned property. 552 (a) Prohibition. Except as provided in subsection (b), a [[person]] County 553 employee or County contractor must not [[apply to any lawn]] use a 554 neonicotinoid pesticide on property owned by the County[[:]] 555 [[(1) a]] [[non-essential]] [[restricted lawn care pesticide; or 556 (2) a neonicotinoid]]. 557 (b) Exceptions. 558 (1) A [[person]] County employee or County contractor may use 559 [[any larvicide or rodenticide on a lawn on property owned by 560 the County as a public health measure to reduce the spread of 561 disease vectors under recommendations and guidance provided 562 by the Centers for Disease Control and Prevention, the United 563 States Environmental Protection Agency, or the State Department

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564 of Agriculture. Any rodenticide used must be in a tamper-proof 565 product, unless the rodenticide is designed and registered for a 566 specific environment inaccessible to humans and pets.]] a 567 neonicotinoid pesticide on County-owned property to control 568 pests while engaged in agriculture. 569 (2) [[A]] [[person]] [[County employee or County contractor may 570 use a]] [[non-essential]] [[restricted lawn care pesticide or 571 neonicotinoid on a lawn on property owned by the County for the 572 following purposes]] [[set forth in Subsection 33B-10(a).]][[: 573 (A) for the control of weeds as defined in Chapter 58, Weeds; 574 (B) for the control of invasive species listed in a regulation 575 adopted under Subsection 33B-4(d); 576 (C) for pest control while engaged in agriculture; 577 (D) for the maintenance of a golf course; and 578 (E) for the maintenance of medians and islands in County 579 rights-of-way. 580 (3) A]] [[person]] [[County employee or County contractor may use 581 a]] [[non-essential]] [[restricted lawn care pesticide or 582 neonicotinoid on a lawn on property owned by the County if the 583 Director determines, after consulting the Directors of General 584 Services and Health and Human Services, that the use of the 585 pesticide is necessary to protect human health or prevent 586 imminent and significant economic damage, and that no 587 reasonable alternative is available. If a pesticide is used under]] 588 [[this paragraph]][[, the Director must, within 30 days after using 589 the pesticide, report to the Council on the reasons for the use of 590 the pesticide.

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591 (4)]] This Section does not apply to County-owned property that the 592 Parks Department operates or manages for the County. 593[[33B-13.]] [[33B-16.]] 33B-13. Integrated pest management on County 594property. 595 (a) Adoption of program. The Department must adopt[[, by a method (2) 596 regulation,]] an integrated pest management program for all property 597 owned by the County. 598 (b) Requirements. Any program adopted under subsection (a) must require: 599 (1) monitoring the turf or landscape as appropriate; 600 (2) accurate record-keeping documenting any potential pest problem; 601 (3) evaluating the site for any injury caused by a pest and 602 determining the appropriate treatment; 603 (4) using a treatment that is the least damaging to the general 604 environment and best preserves the natural ecosystem; 605 (5) using a treatment that will be the most likely to produce long- 606 term reductions in pest control requirements and is operationally 607 feasible and cost effective in the short and long term; 608 (6) using a treatment that minimizes negative impacts to non-target 609 organisms; 610 (7) using a treatment that is the least disruptive of natural controls; 611 (8) using a treatment that is the least hazardous to human health; and 612 (9) exhausting the list of all non-chemical methods and [[organic 613 treatments available]] listed pesticides for the targeted pest before 614 using any [[synthetic chemical]] other treatments. 615 (c) The Department must provide training in integrated pest management 616 for each employee who is responsible for pest management. 617[[33B-17.]] 33B-14. County parks.

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618 (a) Policy. It is the policy of Montgomery County to promote 619 environmentally sensitive landscape pest management in its parks by 620 phasing out the use of the most hazardous pesticides and reducing 621 overall pesticide use while preserving landscape assets, maintaining 622 functionality of playing fields, and protecting the health and safety of 623 the public and County employees. To carry out this policy, the Parks 624 Department must, subject to appropriation, implement the provisions of 625 this Section. 626 (b) Pesticide-free parks. The Parks Department must implement a 627 pesticide-free parks program that, at a minimum, consists of: 628 (1) the maintenance of certain parks entirely without the use of 629 [[restricted lawn care]] registered pesticides other than listed 630 pesticides [[or neonicotinoids]]; 631 (2) a program for reducing the use of [[restricted lawn care]] 632 registered pesticides other than listed pesticides [[and 633 neonicotinoids]] on playing fields that includes: 634 (A) a pilot program consisting of at least five playing fields 635 maintained without the use of [[restricted lawn care]] 636 registered pesticides other than listed pesticides [[or 637 neonicotinoids]] that: 638 (i) is conducted in consultation with an expert in 639 organic turf management, with experience in 640 successful transitions from conventional to organic 641 turf management; and 642 (ii) includes a publicly available plan describing the 643 practices and procedures used; [[and]]

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644 (B) maintenance of all other playing fields using an integrated 645 pest management program; and 646 (C) a plan submitted to the Council by September 2019 for 647 transitioning to maintenance of all playing fields without 648 the use of registered pesticides other than listed pesticides 649 by 2020; and 650 (3) a public communication campaign to inform the public of the 651 existence and progress of the pesticide-free parks program. 652 (c) Pesticide usage protocols. The Parks Department must develop usage 653 protocols which limit the use of [[restricted lawn care]] registered 654 pesticides other than listed pesticides [[and neonicotinoids]] to the 655 maximum extent possible and, subject to the exceptions in subsection 656 (d): 657 (1) do not permit the use of [[restricted lawn care]] registered 658 pesticides other than listed pesticides [[or neonicotinoids]] within 659 25 feet of a waterbody; 660 (2) [[do not permit the application of restricted lawn care pesticides 661 or neonicotinoids to playgrounds in County parks; and 662 (3)]] except where immediate application is necessary to protect 663 human health or prevent significant economic damage, include 664 the posting of notice of each planned application of [[restricted 665 lawn care]] a registered pesticide other than a listed pesticide [[or 666 neonicotinoid]] on the appropriate Parks Department website and 667 in the area where the pesticide is to be applied, from at least 48 668 hours before application through at least 48 hours after 669 application, that includes: 670 (A) the common name of the pesticide;

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671 (B) the location of the application; 672 (C) the planned date and time of the application; and 673 (D) the reason for the use of the pesticide[[.]]; and 674 (3) provide for pesticide application information required under 675 paragraph (c)(2) to be made available to the public in real-time 676 and in a manner consistent with the Montgomery County Open 677 Data Act, Chapter 2, Article XIV of this Code. 678 (d) Exceptions. The pesticide-free parks program and pesticide usage 679 protocols may generally permit the application of a [[restricted lawn 680 care]] registered pesticide to: 681 (1) control weeds as defined in Chapter 58, Weeds; 682 (2) control invasive species listed in a regulation adopted under 683 subsection [[33B-4(d)]] 33B-5(c); 684 (3) control disease vectors; 685 (4) control biting or stinging insects or stinging plants; 686 (5) control organisms that threaten the health of trees or shrubs; 687 (6) remove weeds as part of the renovation of a playing field; 688 (7) control pests while engaged in agriculture; and 689 [[(7)]](8) otherwise protect human health or prevent significant 690 economic damage. 691 (e) Reporting requirement. The Parks Department must submit [[a report]] 692 semi-annual reports to the County Executive and County Council on or 693 before January 15 and July 15 of each year that: 694 (1) [[details restricted lawn care]] detail registered pesticide [[and 695 neonicotinoid]] usage, other than listed pesticide usage, in 696 County parks during the preceding year, including:

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697 (A) the common name of each [[restricted lawn care]] 698 registered pesticide [[and neonicotinoid]] used; 699 (B) the location of each application; 700 (C) the date and time of each application; and 701 (D) the reason for each use of a [[restricted lawn care]] 702 registered pesticide [[and neonicotinoid]]; [[and]] 703 (2) [[describes]] describe the status of the pesticide-free parks 704 program implemented under this Section; and 705 (3) are available to the public in a manner consistent with the 706 Montgomery County Open Data Act, Chapter 2, Article XIV of 707 this Code. 708 Sec. 2. Initial [[Lists]] List of [[Non-Essential]] [[Restricted Lawn Care 709Pesticides and]] Invasive Species. The Executive must submit the [[lists]] list of 710[[non-essential]] [[restricted lawn care pesticides and]] invasive species required by 711[[Subsections]] Subsection [[33B-4(c) and (d)]] 33B-5(c) to the Council for approval 712by [[January]] March 1, 2016 713 Sec. 3. Effective Date. The [[prohibitions on]] [[requirements for the use 714of]] [[non-essential]] [[restricted lawn care pesticides in common ownership 715communities contained in]] [[Section 33B-9]] [[Sections 33B-12 and 33B-13, and 716the]] prohibitions and requirements related to the [[on]] use of [[non-essential]] 717[[restricted lawn care]] registered pesticides and neonicotinoids on County-owned 718property and in County parks contained in [[Section 33B-14]] Sections [[33B-15]] 71933B-10, 33B-12, 33B-13 and [[33B-17]] 33B-14 take effect on [[January]] July 1, 7202016; the prohibitions on the use of registered pesticides on private property 721contained in Section 33B-10 take effect on January 1, 2018. 722 [[Sec. 4. Expiration. This Act and any regulation adopted under it expires on 723January 1, 2019.]]

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724Approved:

725 /s/ 10/8/15 George Leventhal, President, County Council Date 726Approved:

727 -Returned unsigned 10/19/15 Isiah Leggett, County Executive Date 728This is a correct copy of Council action.

729 /s/ 10/19/15 Linda M. Lauer, Clerk of the Council Date

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