2026 -- H 7343 | |
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LC003211 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL | |
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Introduced By: Representative Lauren H. Carson | |
Date Introduced: January 28, 2026 | |
Referred To: House Education | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 23-25-37 and 23-25-38 of the General Laws in Chapter 23-25 |
2 | entitled "Pesticide Control" are hereby amended to read as follows: |
3 | 23-25-37. Pesticide applications and notification of pesticide applications at schools |
4 | Pesticide and rodenticide applications and notification of pesticide and rodenticide |
5 | applications at schools. |
6 | (a) The department of environmental management and the department of health shall |
7 | develop regulations as follows: (1) to restrict the use of hazardous pesticides and rodenticides in |
8 | schools, pre-schools and child care centers in Rhode Island, including a prohibition on the use of |
9 | any pesticide or rodenticide containing the herbicide glyphosate; (2) for the promotion and |
10 | implementation of integrated pest management (IPM) as defined in § 23-25.2-2; (3) to cover |
11 | situations where an emergency application of pesticide or rodenticide must be conducted to |
12 | eliminate an immediate threat to human health, and establish reporting requirements for these |
13 | emergency applications. The regulations developed pursuant to the provisions of this section shall |
14 | be adopted and implemented no later than January 1, 2027. |
15 | (b)(1) On and after July 1, 2001, no person other than a licensed or certified commercial |
16 | applicator as defined in § 23-25-4, shall apply pesticide and on and after January 1, 2027, no person |
17 | other than a licensed or certified commercial applicator as defined in § 23-25-4, shall apply |
18 | rodenticide within any building or on the grounds of any school. This section shall not apply in the |
19 | case of an emergency application of pesticide or rodenticide to eliminate an immediate threat to |
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1 | human health, where it is impractical to obtain the services of any such applicator; provided the |
2 | emergency application does not involve a restricted use or state limited use pesticide or rodenticide. |
3 | For purposes of this section, “emergency” means a sudden need to mitigate or eliminate a pest |
4 | which threatens the health or safety of a student or staff member. Provided, further, effective |
5 | January 1, 2027, this section shall not apply to any regional vocational agriculture center. |
6 | (2) On or after July 1, 2027, no person shall apply a lawn care pesticide or rodenticide on |
7 | the grounds of any public or private preschool or public or private school including, but not limited |
8 | to, any day care, charter school or vocational school with students in grade twelve (12) or lower; |
9 | provided, however, that: |
10 | (i) An application of a lawn care pesticide or rodenticide may be made at a public or private |
11 | school, as provided in subsection (b)(2) of this section with students grade twelve (12) or lower, on |
12 | the playing fields and playgrounds of such school pursuant to an integrated pest management plan, |
13 | which plan: |
14 | (A) Shall be consistent with the model pest control management plan developed by the |
15 | department of environmental management and the department of health; and |
16 | (B) May be developed by a local district or regional school board (hereinafter "school |
17 | board") with approval from the department of environmental management and department of |
18 | health; and |
19 | (ii) An emergency application of a lawn care pesticide or rodenticide may be made to |
20 | eliminate a threat to human health as defined in subsection (b)(1) of this section. |
21 | (c)(1)(i) On and after July 1, 2002, at the beginning of each school year, each local school |
22 | authority and private school administration shall provide the staff of each school and the parents or |
23 | guardians of each child enrolled in each school with a written statement of the committee’s school |
24 | board's policy on pesticide application on school property and a description of any pesticide |
25 | applications made at the school during the previous school year. |
26 | (ii) On and after January 1, 2027, at the beginning of each school year, each local school |
27 | and private school administrator shall provide the staff of each school and the parents or guardians |
28 | of each child enrolled in each school with a written statement of the school board's policy on |
29 | rodenticide application on school property and a description of any rodenticide applications made |
30 | at the school during the previous school year. |
31 | (2) The statement and description shall be provided to the parents or guardians of any child |
32 | who transfers to a school during the school year. The statement shall: (i) indicate that the staff, |
33 | parents, or guardians may register for prior notice of pesticide or rodenticide applications at the |
34 | school; and (ii) describe the emergency notification procedures provided for in this section. Notice |
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1 | of any modification to the pesticide or rodenticide application policy shall be sent to any person |
2 | who registers for notice under this section. |
3 | (3) Effective on and after July 1, 2027, local school administrators shall, at the beginning |
4 | of each school year, make available as part of the requirements of this section, an integrated pest |
5 | management plan to parents, teachers and school staff with a copy to the department of education. |
6 | (d)(1) On and after July 1, 2002, parents or guardians of children in any school and school |
7 | staff may register for prior notice of pesticide application at their school. Each school shall maintain |
8 | a registry of persons requesting the notice. Prior to providing for any application of pesticide within |
9 | any building or on the grounds of any school, the local school authority administration shall provide |
10 | for the distribution of notice to parents and guardians who have registered for prior notice under |
11 | this section, such that the notice is received no later than twenty-four (24) hours prior to the |
12 | application. Notice shall be given by any means practicable to school staff who have registered for |
13 | the notice. Notice under this subsection shall include: (1) the (i) The common or trade name and |
14 | the name of the active ingredient; (2) the (ii) The EPA registration number as listed on the pesticide |
15 | label; (3) the (iii) The target pest; (4) the (iv) The exact location of the application on the school |
16 | property; (5) the (v) The date of the application; and (6) the (vi) The name of the school |
17 | administrator, or a designee, who may be contacted for further information; and (vii) The above |
18 | information shall be sent to the department of education. |
19 | (2) On and after July 1, 2027, parents or guardians of children in any school and school |
20 | staff may register for prior notice of rodenticide application at their school. Each school shall |
21 | maintain a registry of persons requesting the notice. Prior to providing for any application of |
22 | rodenticide within any building or on the grounds of any school, the local school administration |
23 | shall provide for the distribution of notice to parents and guardians who have registered for prior |
24 | notice under this section, such that the notice is received no later than twenty-four (24) hours prior |
25 | to the application. Notice shall be given by any means practicable to school staff who have |
26 | registered for the notice. Notice under this subsection shall include: (i) The common or trade name |
27 | and the name of the active ingredient; (ii) The EPA registration number as listed on the rodenticide |
28 | label; (iii) The target pest; (iv) The exact location of the application on the school property; (v) The |
29 | date of the application; (vi) The name of the school administrator, or a designee, who may be |
30 | contacted for further information; and (vii) The above information shall be sent to the department |
31 | of education. |
32 | (e) On and after July 1, 2003, no application of pesticide and on and after January 1, 2027, |
33 | no application of rodenticide may be made in any building or on the grounds of any school during |
34 | regular school hours or during planned activities at any school. No child shall enter an area where |
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1 | the application has been made until it is safe to do so according to the provisions on the pesticide |
2 | or rodenticide label. This section shall not apply to the use of germicides, disinfectants, sanitizers, |
3 | deodorizers, antimicrobal agents, insecticidal gels, non-volatile insect or rodent bait in a tamper |
4 | resistant container, insect repellants or the application of a pesticide or rodenticide classified by the |
5 | United States Environmental Protection Agency as an exempt material under 40 CFR 152.25. |
6 | (f) On and after July 1, 2002, a The local school authority administration may make an |
7 | emergency application of pesticide or rodenticide without prior notice under this section in the |
8 | event of an immediate threat to human health, provided the board administration provides for |
9 | notice, by any means practicable, on or before the day that the application is to take place, to any |
10 | person who has requested prior notice under this section. |
11 | (g) On and after July 1, 2002, notice of any pesticide application at a school, and on or after |
12 | January 1, 2027, notice of any rodenticide application at a school shall be given, by any means |
13 | practicable, to the parents or guardians of any child enrolled at the school and to the staff of the |
14 | school not later than one week after the application. The notice shall include: (1) the common or |
15 | trade name and the name of the active ingredient; (2) the EPA registration number as listed on the |
16 | pesticide or rodenticide label; (3) the target pest; (4) the exact location of the application on the |
17 | school property; (5) the date of the application; and (6) the name of the school administrator, or a |
18 | designee, who may be contacted for further information. A copy of the record of each pesticide or |
19 | rodenticide application at a school shall be maintained at the school for a period of five (5) years. |
20 | (h) Not later than July 1, 2002 September 1, 2026, the department of environmental |
21 | management and the department of health shall jointly establish a task force which shall specifically |
22 | address methods to promote public education and professional training about pesticides and |
23 | rodenticides, their potential health effects and IPM least toxic alternatives, and for evaluation and |
24 | analysis of current pest control practices at school and child care facilities. The task force shall |
25 | complete a report on its findings no later than December 31, 2027 and shall submit a report to the |
26 | governor, speaker of the house and president of the senate detailing those findings. |
27 | (i) Storage of pesticide and rodenticide containers prior to disposal. Effective July 1, 2027, |
28 | all unused or unwanted pesticides or rodenticides being stored prior to disposal, whether in sealed |
29 | or previously opened containers, and all pesticide or rodenticide containers that have not been or |
30 | cannot be rinsed shall be: |
31 | (1) Kept in a secure enclosure; and |
32 | (2) Maintained in order to prevent: |
33 | (i) Deterioration of containers; |
34 | (ii) Unauthorized use; |
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1 | (iii) Mishandling; |
2 | (iv) Loss; |
3 | (v) Contamination of the environment; and |
4 | (vi) Risk to the public health. |
5 | (j) Commencing January 1, 2027, the department of education shall provide each school |
6 | district, school board of each school district, superintendent of each school district, and any day |
7 | care center under the supervision of the department of education with an explanation and the |
8 | requirements of the pesticide or rodenticide application and notification law. |
9 | (k) On or after January 1, 2027, every school that has pesticide or rodenticide applications |
10 | shall submit to the department of education a pesticide or rodenticide application report that shall |
11 | include the following: |
12 | (1) A description of the pesticide or rodenticide applied to the grounds and the dates and |
13 | times of the application; |
14 | (2) The name and title of the person applying the pesticides or rodenticides and whether |
15 | the person is in compliance with subsection (b) of this section requiring a licensed or certified |
16 | applicator to apply the pesticides or rodenticides; |
17 | (3) Any emergency applications of pesticides or rodenticides during the previous year; and |
18 | (4) Copies of any notice to parents issued pursuant to this section regarding pesticide or |
19 | rodenticide application. |
20 | 23-25-38. Pesticide applications and notification of pesticide applications at pre- |
21 | schools and child care centers Pesticide and rodenticide applications and notification of |
22 | pesticide and rodenticide applications at pre-schools and child care centers. |
23 | (a) On and after July 1, 2003, no application of pesticide and on and after January 1, 2027, |
24 | no application of rodenticide may be made by any person other than a certified or licensed |
25 | commercial applicator as defined in § 23-25-4 § 23-25-13 in any building or on the grounds of any |
26 | pre-school, child day care center, group/family day care home or family day care home, during |
27 | regular business hours. No child enrolled at such center or home may enter an area where pesticides |
28 | or rodenticides have been applied until it is safe to do so according to the provisions on the pesticide |
29 | or rodenticide label. For purposes of this section, emergency shall mean a sudden need to mitigate |
30 | or eliminate a pest which threatens the health or safety of a student or staff member. This section |
31 | shall not apply to the use of germicides, disinfectants, sanitizers, deodorizers, antimicrobal agents, |
32 | insecticidal gels, non-volatile insect or rodent bait in a tamper resistant container, insect repellants, |
33 | insecticidal disks, or the application of a pesticide or rodenticide classified by the United States |
34 | Environmental Protection Agency as an exempt material under 40 CFR part 152.25. |
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1 | (2) On and after July 1, 2027, no person shall apply a lawn care pesticide or rodenticide on |
2 | the grounds of any pre-school or child day care center; provided, however, that; |
3 | (i) An application of a lawn care pesticide or rodenticide may be made at a pre-school or |
4 | child day care center on the playing fields or playgrounds of such school pursuant to an integrated |
5 | pest management plan, which plan shall be consistent with the model pest control management plan |
6 | developed by the department of environmental management and the department of health; and |
7 | (ii) An emergency application of a lawn care pesticide or rodenticide may be made to |
8 | eliminate a threat to human health as defined in § 23-25-37. |
9 | (b) On and after July 1, 2002, notice of any pesticide and on and after January 1, 2027, |
10 | notice of any rodenticide application at any such center or home shall be given, by any means |
11 | practicable, to the parents or guardians of any child enrolled at the center or home not later than |
12 | twenty-four (24) hours before the application. The notice shall include: (1) the common or trade |
13 | name and the name of the active ingredient; (2) the EPA registration number as listed on the |
14 | pesticide or rodenticide label; (3) the target pest; (4) the exact location of the application on the |
15 | property; (5) the date of the application; and (6) the name of the pre-school or child care center |
16 | owner/operator or their designee. |
17 | (c) The department of health shall provide any public or private pre-school and child day |
18 | care center with an explanation and the requirements of the pesticide or rodenticide application and |
19 | notification law. |
20 | (d) On or after July 1, 2027, every pre-school and child day care center that has pesticide |
21 | and rodenticide applications shall submit to the department of education a copy of the notices that |
22 | were sent to parents and guardians. |
23 | SECTION 2. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is |
24 | hereby amended by adding thereto the following section: |
25 | 16-21-44. PFAS in artificial athletic fields - Task force. |
26 | Not later than July 1, 2027, the department of environmental management and the |
27 | department of health shall jointly establish a task force which shall specifically investigate, identify |
28 | and address the presence of and potential health risk associated with the presence of poly- |
29 | fluoroalkyl substances (PFAS) in artificial fields at private and public schools in Rhode Island. The |
30 | task force shall report its findings no later than January 1, 2029, to the governor, speaker of the |
31 | house and president of the senate. |
32 | SECTION 3. This act shall take effect upon passage. |
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LC003211 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HEALTH AND SAFETY -- PESTICIDE CONTROL | |
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1 | This act would prohibit the application of lawn care pesticides or rodenticides on the |
2 | grounds of any public or private pre-school or public or private school with students in grade twelve |
3 | (12) or lower, except in an emergency situation or to be used on the playing fields and playgrounds |
4 | of the school as well as pre-schools and child care centers pursuant to an integrated pest |
5 | management plan as developed by the department of environmental management and the |
6 | department of health and would create a task force to study health risks of PFAS in athletic fields |
7 | to students who use them. |
8 | This act would also require a school department to provide a copy of the pesticide or |
9 | rodenticide application notice sent to parents and guardians to the department of education. |
10 | This act would take effect upon passage. |
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LC003211 | |
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