LRB-2281/1
RCT:lmk:pg
2007 - 2008 LEGISLATURE
February 21, 2008 - Introduced by Representatives Molepske, Soletski, Smith,
Berceau and Sinicki, cosponsored by Senators Hansen and Kapanke.
Referred to Committee on Transportation.
AB836,1,3
1An Act to create 20.115 (7) (i) and 94.697 of the statutes;
relating to: pesticide
2use by railroads, granting rule-making authority, and making an
3appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Agriculture, Trade and Consumer
Protection (DATCP) administers laws that regulate the sale and use of pesticides,
including herbicides.
This bill requires a railroad to annually file with DATCP a plan for its pesticide
use. The bill requires a railroad to make the plan available to others, including the
railroad's employees and those who own land adjacent to the railroad's
rights-of-way. The bill generally requires a railroad and any person under contract
with the railroad to comply with the plan when applying pesticides to rights-of-way.
The bill generally prohibits a railroad from requiring a person to work in an area to
which a pesticide has been applied within 48 hours of the application of the pesticide.
The bill requires DATCP to establish, by rule, fees to be paid by railroad
companies to cover the costs DATCP incurs under the bill. The bill also authorizes
DATCP to promulgate rules to limit the times and weather conditions in which
pesticides may be applied by railroads to prevent damage to lands adjoining
rights-of-way and to protect the health of employees of railroads and their
contractors.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB836, s. 1
1Section
1. 20.115 (7) (i) of the statutes is created to read:
AB836,2,32
20.115
(7) (i)
Railroad pesticide use. All moneys received under s. 94.697 (6)
3(a) for the activities under s. 94.697 related to railroad pesticide use.
AB836, s. 2
4Section
2. 94.697 of the statutes is created to read:
AB836,2,5
594.697 Railroad pesticide use. (1) Definitions. In this section:
AB836,2,76
(a) "Railroad" means a person that owns or operates any railroad or part of a
7railroad as a common carrier in this state.
AB836,2,98
(b) "Structural pest control" means the control of a pest, other than a plant, in
9or around a building or other structure, including a boxcar.
AB836,2,12
10(2) Plan required. A railroad shall annually, by March 15, file with the
11department a plan for its pesticide applications for the 9 months beginning on April
121. A railroad shall include all of the following in the plan:
AB836,2,1413
(a) A schedule showing the dates, times, and places at which pesticides will be
14applied.
AB836,2,1615
(b) A list of the pesticides that will be used, including ingredient statements
16and the known long-term and short-term effects on humans of each pesticide.
AB836,2,1817
(c) The name, training, and contact information for each commercial applicator
18for hire with whom the railroad contracts to apply pesticides.
AB836,3,2
19(3) Availability of plan. A railroad shall make the plan under sub. (2) available
20to persons who own land adjacent to rights-of-way that the railroad owns or
1maintains, persons who conduct agricultural activities on land adjacent to the
2rights-of-way that the railroad owns or maintains, and the railroad's employees.
AB836,3,7
3(4) Conformance with plan. (a) Except as provided in par. (b), a railroad and
4any person under contract with a railroad may only apply pesticides to a railroad
5right-of-way in conformance with the plan under sub. (2). A railroad shall ensure
6that an individual applying pesticides to rights-of-way that the railroad owns or
7maintains is familiar with and complies with the plan.
AB836,3,88
(b) Paragraph (a) does not apply to any of the following:
AB836,3,109
1. The application of pesticides within 5 feet of the center line of a railroad
10track.
AB836,3,1111
2. The application of pesticides for structural pest control.
AB836,3,1412
3. The application of pesticides when applications provided for by the plan
13under sub. (2) are insufficient to control noxious weeds, as required by s. 66.0407, or
14to protect public health.
AB836,3,1515
4. An application of pesticides that is specifically approved by the department.
AB836,3,19
16(5) Employee information and protection. (a) A railroad may not require an
17employee of the railroad or of a contractor, other than an employee who applies a
18pesticide, to work in an area in which a pesticide has been applied within 48 hours
19after application of the pesticide.
AB836,3,2320
(b) A railroad shall provide an employee of the railroad or of a contractor who
21is required to work in an area within 168 hours after application of a pesticide to the
22area with a written description, in easily comprehensible language, of the pesticide
23used and its known effects on humans.
AB836,4,3
1(c) A railroad shall furnish, at its expense, protective equipment sufficient to
2protect the health of an employee of the railroad or of a contractor from the effects
3of pesticides on humans.
AB836,4,5
4(6) Rules. (a) The department shall promulgate rules specifying fees to be paid
5by railroads to cover the costs of administering this section.
AB836,4,106
(b) The department may promulgate rules that limit the times and weather
7conditions in which pesticides may be applied by or on behalf of a railroad to prevent
8damage to persons who own land adjacent to railroad rights-of-way or who conduct
9agricultural activities on land adjacent to railroad rights-of-way and to protect the
10health of employees of railroads and contractors.
