House of Representatives

HB 2144

structural pests; integrated pest management

Sponsors: Rep. May

DPA	Committee on Environment
DPA	Committee on Commerce and Economic Development
x	Caucus and COW
	As Passed the House

HB 2144 requires pesticide treatment information be disclosed in writing to the buyer of property by the seller. It also requires that integrated pest management be incorporated into the program guidelines of the Structural Pest Control Commission (SPCC). The commission is to prepare a semi annual report regarding the information contained on termite action report forms.

History

Integrated Pest Management (IPM) for the purpose of this bill means a pest management system that includes:

1) The identification of pests

2) Establishment of a monitoring and record keeping system for regular sampling and assessment of pest populations

3) The determination of the pest population levels that can be tolerated based on aesthetic, economic and health concerns and setting action thresholds if pest populations or environmental conditions warrant remedial action.

4) Prevention of pests through improved sanitation, the management of waste, the addition of physical barriers and the modification of habitats that attract or harbor pests.

5) The reliance on nontoxic, biological, cultural or mechanical pest management methods or the use of natural control methods.

6) The use of chemical pesticides with preference for products that are the least harmful to human health and the environment.

7) Record keeping and reporting of pest populations, surveillance techniques and remedial actions taken.

Provisions

· In a real estate sales contract, a seller of real property or a licensee, is required to disclose pesticide treatment information from the previous three years to the buyer. If the property has been treated for termites the following information is to be disclosed:

· the type of treatment used

· the target organism

· chemical used if applicable

· strength of active ingredient if applicable

· the amount of chemical used if applicable

Failure to disclose this information is grounds for termination or rescission of the transaction in which real property has been or will be transferred.

· The SPCC shall contract with the Department of Agriculture or institution of higher education in this state for the services of experts in IPM to consult with the commission. The commission shall prepare the guidelines for the IPM program.

· IPM is added to the continuing education for certified applicators and other qualifying parties.

· SPCC shall submit a semiannual report regarding the numbers and types of termite treatments to the Governor, the President of the Senate and the Speaker of the House of Representatives. The following information shall be included:

· Type of treatment used including chemical, bait, mechanical, temperature and other methods.

· In the case of chemical treatment, the active ingredient used shall be listed.

· IPM shall be included as an alternative treatment method in a proposal addressing how to treat wood-destroying organisms.

HB 2144 was amended in the Environment Committee as follows.

· The requirement for seller disclosure of pesticide information is removed. A buyer of real property can make a request to the SPCC for a report listing all termite treatments reported to the commission for the property. The wood infestation report shall include a statement to that effect.

· An interim committee is established to review and make recommendations on the reporting requirements for treatments for termites and other wood destroying organisms and the impacts on the SPCC's funding requirements. Membership on the committee is comprised of four legislators, two industry members and a member of the SPCC who is not an industry member. A report is due by December 15, 2001.

· The requirement for SPCC to consult with the Department of Agriculture or an institution of higher education is removed. The elements in the IPM definition are changed to guidelines.

· The SPCC's deadline for the first semi annual termite action report is changed from January 31 to April 30, 2002; the trade name of the chemical rather than the active ingredient would be included in the report.

The bill was amended in Commerce and Economic Development as follows:

· Adopted the Environment Committee amendment with the following changes: the time period covered by the SPCC report to the buyer for termite treatments is the previous three years; in addition to the active ingredient, the trade name of the chemical is also to be included as part of the semi annual report.

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· 45th Legislature

· Second Regular Session 3 February 27, 2001

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