2025 -- H 5216

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LC000778

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL

     Introduced By: Representative Lauren H. Carson

     Date Introduced: January 29, 2025

     Referred To: House Education

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 23-25-37 and 23-25-38 of the General Laws in Chapter 23-25

entitled "Pesticide Control" are hereby amended to read as follows:

     23-25-37. Pesticide applications and notification of pesticide applications at schools

Pesticide and rodenticide applications and notification of pesticide and rodenticide

applications at schools.

     (a) The department of environmental management and the department of health shall

develop regulations as follows: (1) to restrict the use of hazardous pesticides and rodenticides in

schools, pre-schools and child care centers in Rhode Island including a prohibition on the use of

any pesticide or rodenticide containing the herbicide glyphosate; (2) for the promotion and

implementation of integrated pest management (IPM) as defined in § 23-25.2-2; (3) to cover

situations where an emergency application of pesticide or rodenticide must be conducted to

eliminate an immediate threat to human health, and establish reporting requirements for these

emergency applications. The regulations developed pursuant to the provisions of this section shall

be adopted and implemented no later than January 1, 2026.

     (b)(1) On and after July 1, 2001, no person other than a licensed or certified commercial

applicator as defined in § 23-25-4, shall apply pesticide or rodenticide within any building or on

the grounds of any school. This section shall not apply in the case of an emergency application of

pesticide or rodenticide to eliminate an immediate threat to human health, where it is impractical

to obtain the services of any such applicator; provided the emergency application does not involve

a restricted use or state limited use pesticide or rodenticide. For purposes of this section,

“emergency” means a sudden need to mitigate or eliminate a pest which threatens the health or

safety of a student or staff member. Provided, further, effective January 1, 2026, this section shall

not apply to any regional vocational agriculture center.

     (2) On or after July 1, 2026, no person shall apply a lawn care pesticide or rodenticide on

the grounds of any public or private preschool or public or private school including, but not limited

to, any day care, charter school or vocational school with students in grade twelve (12) or lower;

provided, however, that:

     (i) An application of a lawn care pesticide or rodenticide may be made at a public or private

school as provided in subsection (b)(2) of this section with students grade twelve (12) or lower on

the playing fields and playgrounds of such school pursuant to an integrated pest management plan,

which plan:

     (A) Shall be consistent with the model pest control management plan developed by the

department of environmental management and the department of health; and

     (B) May be developed by a local district or regional school board (hereinafter "school

board") with approval from the department of environmental management and department of

health;

     (ii) An emergency application of a lawn care pesticide or rodenticide may be made to

eliminate a threat to human health as defined in subsection (b)(1) of this section.

     (c)(1) On and after July 1, 2002, at the beginning of each school year, each local school

authority and private school administration shall provide the staff of each school and the parents or

guardians of each child enrolled in each school with a written statement of the committee’s school

board's policy on pesticide or rodenticide application on school property and a description of any

pesticide or rodenticide applications made at the school during the previous school year.

     (2) The statement and description shall be provided to the parents or guardians of any child

who transfers to a school during the school year. The statement shall: (i) indicate that the staff,

parents, or guardians may register for prior notice of pesticide or rodenticide applications at the

school; and (ii) describe the emergency notification procedures provided for in this section. Notice

of any modification to the pesticide or rodenticide application policy shall be sent to any person

who registers for notice under this section.

     (3) Effective on and after July 1, 2026, local school administrators shall, at the beginning

of each school year, make available as part of the requirements of this section, an integrated pest

management plan to parents, teachers and school staff with a copy to the department of education.

     (d) On and after July 1, 2002, parents or guardians of children in any school and school

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staff may register for prior notice of pesticide or rodenticide application at their school. Each school

shall maintain a registry of persons requesting the notice. Prior to providing for any application of

pesticide or rodenticide within any building or on the grounds of any school, the local school

authority administration shall provide for the distribution of notice to parents and guardians who

have registered for prior notice under this section, such that the notice is received no later than

twenty-four (24) hours prior to the application. Notice shall be given by any means practicable to

school staff who have registered for the notice. Notice under this subsection shall include: (1) the

common or trade name and the name of the active ingredient; (2) the EPA registration number as

listed on the pesticide or rodenticide label; (3) the target pest; (4) the exact location of the

application on the school property; (5) the date of the application; and (6) the name of the school

administrator, or a designee, who may be contacted for further information; and (7) the above

information shall be sent to the department of education.

     (e) On and after July 1, 2003, no application of pesticide or rodenticide may be made in

any building or on the grounds of any school during regular school hours or during planned

activities at any school. No child shall enter an area where the application has been made until it is

safe to do so according to the provisions on the pesticide or rodenticide label. This section shall not

apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobal agents,

insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants

or the application of a pesticide or rodenticide classified by the United States Environmental

Protection Agency as an exempt material under 40 CFR 152.25.

     (f) On and after July 1, 2002, a the local school authority administration may make an

emergency application of pesticide or rodenticide without prior notice under this section in the

event of an immediate threat to human health, provided the board administration provides for

notice, by any means practicable, on or before the day that the application is to take place, to any

person who has requested prior notice under this section.

     (g) On and after July 1, 2002, notice of any pesticide or rodenticide application at a school

shall be given, by any means practicable, to the parents or guardians of any child enrolled at the

school and to the staff of the school not later than one week after the application. The notice shall

include: (1) the common or trade name and the name of the active ingredient; (2) the EPA

registration number as listed on the pesticide or rodenticide label; (3) the target pest; (4) the exact

location of the application on the school property; (5) the date of the application; and (6) the name

of the school administrator, or a designee, who may be contacted for further information. A copy

of the record of each pesticide or rodenticide application at a school shall be maintained at the

school for a period of five (5) years.

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     (h) Not later than July 1, 2002, the department of environmental management and the

department of health shall jointly establish a task force which shall specifically address methods to

promote public education and professional training about pesticides and rodenticides, their

potential health effects and IPM least toxic alternatives, and for evaluation and analysis of current

pest control practices at school and child care facilities. The task force shall complete a report on

its findings no later than December 31, 2026 and shall submit a report to the governor, speaker of

the house and president of the senate detailing those findings.

     (i) Storage of pesticide and rodenticide containers prior to disposal. Effective July 1, 2026,

all unused or unwanted pesticides or rodenticides being stored prior to disposal, whether in sealed

or previously opened containers, and all pesticide or rodenticide containers that have not been or

cannot be rinsed shall be:

     (1) Kept in a secure enclosure; and

     (2) Maintained so as to prevent:

     (i) Deterioration of containers;

     (ii) Unauthorized use;

     (iii) Mishandling;

     (iv) Loss;

     (v) Contamination of the environment; and

     (vi) Risk to the public health.

     (j) Commencing January 1, 2027, the department of education shall provide to each school

district, school board of each school district, superintendent of each school district, and any day

care center under the supervision of the department of education with an explanation and the

requirements of the pesticide or rodenticide application and notification law.

     (k) On or after January 1, 2026, every school that has pesticide or rodenticide applications

shall submit to the department of education a pesticide or rodenticide application report that shall

include the following:

     (1) A description of the pesticide or rodenticide applied to the grounds and the dates and

times of the application;

     (2) The name and title of the person applying the pesticides or rodenticides and whether

the person is in compliance with subsection (b) of this section requiring a licensed or certified

applicator to apply the pesticides or rodenticides;

     (3) Any emergency applications of pesticides or rodenticides during the previous year; and

     (4) Copies of any notice to parents issued pursuant to this section regarding pesticide or

rodenticide application.

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     23-25-38. Pesticide applications and notification of pesticide applications at pre-

schools and child care centers Pesticide and rodenticide applications and notification of

pesticide and rodenticide applications at pre-schools and child care centers.

     (a)(1) On and after July 1, 2003, no application of pesticide or rodenticide may be made by

any person other than a certified or licensed commercial applicator as defined in § 23-25-4 in any

building or on the grounds of any pre-school, child day care center, group/family day care home or

family day care home, during regular business hours. No child enrolled at such center or home may

enter an area where pesticides or rodenticides have been applied until it is safe to do so according

to the provisions on the pesticide or rodenticide label. For purposes of this section, emergency shall

mean a sudden need to mitigate or eliminate a pest which threatens the health or safety of a student

or staff member. This section shall not apply to the use of germicides, disinfectants, sanitizers,

deodorizers, antimicrobal agents, insecticidal gels, non-volatile insect or rodent bait in a tamper

resistant container, insect repellants, insecticidal disks, or the application of a pesticide or

rodenticide classified by the United States Environmental Protection Agency as an exempt material

under 40 CFR part 152.25.

     (2) On and after July 1, 2026, no person shall apply a lawn care pesticide or rodenticide on

the grounds of any pre-school or child day care center; provided, however, that;

     (i) An application of a lawn care pesticide or rodenticide may be made at a pre-school or

child day care center on the playing fields or playgrounds of such school pursuant to an integrated

pest management plan, which plan shall be consistent with the model pest control management plan

developed by the department of environmental management and the department of health; and

     (ii) An emergency application of a lawn care pesticide or rodenticide may be made to

eliminate a threat to human health as defined in § 23-25-37.

     (b) On and after July 1, 2002, notice of any pesticide or rodenticide application at any such

center or home shall be given, by any means practicable, to the parents or guardians of any child

enrolled at the center or home not later than twenty-four (24) hours before the application. The

notice shall include: (1) the common or trade name and the name of the active ingredient; (2) the

EPA registration number as listed on the pesticide or rodenticide label; (3) the target pest; (4) the

exact location of the application on the property; (5) the date of the application; and (6) the name

of the pre-school or child care center owner/operator or their designee.

     (c) The department of health shall provide any public or private pre-school and child day

care center with an explanation and the requirements of the pesticide or rodenticide application and

notification law.

     (d) On or after July 1, 2026, every pre-school and child day care center that has pesticide

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and rodenticide applications shall submit to the department of education a copy of the notices that

were sent to parents and guardians.

     SECTION 2. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following section:

     16-21-43. PFAS in artificial athletic fields - Task force.

     Not later than July 1, 2026, the department of environmental management and the

department of health shall jointly establish a task force which shall specifically investigate, identify

and address the presence of and potential health risk associated with the presence of poly-

fluoroalkyl substances (PFAS) in artificial fields at private and public schools in Rhode Island. The

task force shall report its findings no later than January 1, 2028, to the governor, speaker of the

house and president of the senate.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL

***

     This act would prohibit the application of lawn care pesticides or rodenticides on the

grounds of any public or private pre-school or public or private school with students in grade twelve

(12) or lower, except in an emergency situation or to be used on the playing fields and playgrounds

of the school as well as pre-schools and child care centers pursuant to an integrated pest

management plan as developed by the department of environmental management and the

department of health and would create a task force to study health risks of PFAS in athletic fields

to students who use them.

     This act would also require a school department to provide a copy of the pesticide or

rodenticide application notice sent to parents and guardians to the department of education.

     This act would take effect upon passage.

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