AB314: Bill Text

LRB-1464/2

RCT:bjk:rs

2009 - 2010 LEGISLATURE

2009 Assembly BILL 314

June 16, 2009 - Introduced by Representatives Molepske Jr., Berceau, Richards, Sinicki, Milroy, Black, Benedict, Turner, Zigmunt, Jorgensen, Roys, A. Williams, Soletski and Smith, cosponsored by Senators Wirch, Lassa, Plale, Hansen and Lehman. Referred to Committee on Natural Resources.

AB314,1,3 An Act to create 20.115 (7) (i) and 94.697 of the statutes; relating to: pesticide use by railroads, granting rule-making authority, and making an appropriation.

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 make information about its pesticide use available to the railroad's employees and those who own land adjacent to the railroad's 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 24 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 requires 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:

AB314, s. 1 Section 1. 20.115 (7) (i) of the statutes is created to read:

AB314,2,3 20.115 (7) (i) Railroad pesticide use. All moneys received under s. 94.697 (4) (a) for the activities under s. 94.697 related to railroad pesticide use.

AB314, s. 2 Section 2. 94.697 of the statutes is created to read:

AB314,2,7 94.697 Railroad pesticide use. (1) Definition. In this section "railroad" means a person that owns or operates any railroad or part of a railroad as a common carrier in this state.

AB314,2,13 (2) Information required. (a) A railroad shall annually, by March 15, make available to persons who own land adjacent to rights-of-way that the railroad owns or maintains, persons who conduct agricultural activities on land adjacent to the rights-of-way that the railroad owns or maintains, and the railroad's employees the following information concerning its pesticide applications for the 9 months beginning on April 1:

AB314,2,15 1. A list of the pesticides that will be used, including ingredient statements and the known long-term and short-term effects on humans of each pesticide.

AB314,2,17 2. The name, training, and contact information for each commercial applicator for hire with whom the railroad contracts to apply pesticides.

AB314,2,20 (b) Before an individual, on behalf of a railroad, shows a commercial applicator for hire where the pesticides are to be applied, the railroad shall provide a copy of the information under par. (a) 1. related to that application to the individual.

AB314,3,5 (c) Before pesticides are applied to a railroad right-of-way, the railroad shall provide a copy of the information under par. (a) related to that application to any individual who directly supervises employees who work in the right-of-way and shall post that information in a location where it can bee seen by any railroad employee who works in the right-of way or travels through the right-of-way.

AB314,3,10 (3) Worker information and protection. (a) A railroad may not require an employee of the railroad or of a contractor, other than an employee who applies a pesticide, to work in an area in which a pesticide has been applied within 24 hours after application of the pesticide, except in case of an emergency such as a derailment.

AB314,3,14 (b) A railroad shall provide an employee of the railroad or of a contractor who is required to work in an area within 168 hours after application of a pesticide to the area with a written description, in easily comprehensible language, of the pesticide used and its known effects on humans.

AB314,3,17 (c) A railroad shall furnish, at its expense, protective equipment sufficient to protect the health of an employee of the railroad or of a contractor from the effects of pesticides on humans.

AB314,3,19 (4) Rules. (a) The department shall promulgate rules specifying fees to be paid by railroads to cover the costs of administering this section.

AB314,3,20 (b) The department shall promulgate rules that do all of the following:

AB314,3,24 1. Limit the times and weather conditions in which pesticides may be applied by or on behalf of a railroad to prevent damage to persons who own land adjacent to railroad rights-of-way or who conduct agricultural activities on land adjacent to railroad rights-of-way.

AB314,4,2 2. Ensure that pesticides applied by or on behalf of railroads do not affect surface waters or individuals near or under bridges.

AB314,4,5 3. Provide protections for the health of employees of railroads and contractors that are equivalent to the protections provided to agricultural workers under 40 CFR 170 and rules promulgated by the department.

AB314,4,6 (End)