PRINTER'S NO. 1503
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1358
Session of
2023
INTRODUCED BY PARKER, KAZEEM, MADDEN, SCHLOSSBERG, A. BROWN,
MAYES, KHAN, CIRESI, T. DAVIS, BOROWSKI, WAXMAN, SANCHEZ,
FIEDLER, HILL-EVANS, HOHENSTEIN, KINSEY AND GALLAGHER,
JUNE 9, 2023
REFERRED TO COMMITTEE ON HEALTH, JUNE 9, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for healthy outdoor public
grounds; and imposing duties on the Department of Health, the
Department of Environmental Protection and the Department of
Agriculture.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 35 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 59
HEALTHY OUTDOOR PUBLIC GROUNDS
Subchapter
A. Preliminary Provisions
B. Oversight
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
5901. Scope of chapter.
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5902. Findings and declarations.
5903. Definitions.
§ 5901. Scope of chapter.
This chapter relates to the promotion of a healthy
environment that protects the public from the risks of toxic
herbicides by prohibiting their use on public grounds.
§ 5902. Findings and declarations.
The General Assembly finds and declares as follows:
(1) As a result of the COVID-19 pandemic and in an
effort to avoid spreading the virus as individuals shelter in
place, unprecedented numbers of residents of all ages are
seeking exercise, recreation and access to natural beauty in
the public grounds throughout this Commonwealth.
(2) It is imperative that public grounds be free of
toxic substances, which have been shown in scientific studies
to cause disease and compromise immune systems.
(3) Healthy, sustainably and organically managed soils
increase organic nutrients and soil microorganisms, allowing
grasses and other desirable plants to out-compete other plant
species over time, ultimately resulting in a reduction of
weeds and pests.
(4) Implementation of organic land management practices
affirms the right of all residents to have access to healthy
food and clean water, in addition to green space and healthy
waterways.
(5) Currently, some municipalities use synthetic
herbicides throughout their public grounds.
(6) Scientific studies conducted by the World Health
Organization, the National Academies of Sciences,
Engineering, and Medicine and the National Research Council
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of the National Academies of Sciences, Engineering, and
Medicine, among others, have linked exposure to certain toxic
chemicals with asthma, cancer, developmental and learning
disabilities, nerve and immune system damage, liver and
kidney damage, reproductive impairment, birth defects and
disruption of the endocrine system and the microbiome.
§ 5903. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Advisory committee." The Advisory Committee on Healthy
Outdoor Public Grounds established under section 5912 (relating
to advisory committee).
"Commonwealth agency." As defined in 62 Pa.C.S. § 103
(relating to definitions).
"Department." The Department of Health of the Commonwealth.
"Municipality." A county, city, borough, incorporated town,
township, home rule municipality, optional plan municipality,
optional charter municipality or similar general purpose unit of
government that may be created or authorized by statute.
"Organic land management." A problem-solving strategy that:
(1) Prioritizes the following:
(i) A natural and organic approach to turfgrass and
landscape management.
(ii) The care of trees and shrubs without the use of
pesticides.
(2) Mandates the use of natural and organic practices
that promote healthy soil and plant life as a preventative
measure against the onset of turf and landscape pest
problems.
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"Pesticide." As follows:
(1) A substance or mixture of substances intended for
preventing, destroying, repelling or mitigating a plant,
insect or fungal pest.
(2) The term includes a herbicide, insecticide or
fungicide.
"Public grounds." As follows:
(1) Publicly owned land of this Commonwealth or a
municipality, including any of the following:
(i) A park.
(ii) A trail.
(iii) Open space.
(iv) A lawn.
(v) A recreation center.
(vi) A playground.
(vii) A sports or athletic field.
(viii) A golf course.
(ix) Other real property.
(2) The term does not include the following:
(i) The interior spaces of a building.
(ii) A parking lot.
(iii) Land or other real estate that is not open for
use by the general public.
"Synthetic herbicide." As follows:
(1) A herbicide containing a synthetic substance,
including any material or agent containing a synthetic
substance that harms, adversely affects or kills a plant.
(2) The term does not include a synthetic herbicide that
is allowed on the National List of Allowed Substances under 7
U.S.C. § 6501 et seq. (Organic Foods Production Act of 1990),
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as published by the National Organic Standards Board in
accordance with 7 CFR 205.601 (relating to synthetic
substances allowed for use in organic crop production).
"Synthetic substance." As follows:
(1) A substance that is formulated or manufactured by a
chemical process or by a process that chemically changes a
substance extracted from naturally occurring plant, animal or
mineral sources.
(2) The term shall not apply to a substance created by
naturally occurring biological processes.
SUBCHAPTER B
OVERSIGHT
Sec.
5911. Administration.
5912. Advisory committee.
5913. Prohibited use of synthetic herbicides.
5914. Advance posting of notice of anticipated pesticide use.
5915. Organic land management.
5916. Reports on pesticide usage.
5917. Rules and regulations.
§ 5911. Administration.
The department, in consultation and coordination with the
Department of Agriculture, the Department of Environmental
Protection and other relevant Commonwealth agencies, shall
administer the provisions of this chapter.
§ 5912. Advisory committee.
(a) Establishment.--The department shall establish the
Advisory Committee on Healthy Outdoor Public Grounds.
(b) Composition.--The advisory committee shall consist of
individuals with knowledge and expertise in matters involving
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public health, agriculture, environmental protection and
recreation.
(c) Powers and duties.--The advisory committee shall:
(1) Consult with and provide technical assistance for
Commonwealth agencies and municipalities regarding the
administration of this chapter.
(2) Evaluate and make recommendations to the department
regarding waivers requested under section 5913(b) (relating
to prohibited use of synthetic herbicides).
§ 5913. Prohibited use of synthetic herbicides.
(a) General rule.--Except as provided in subsection (b), a
person may not use or apply synthetic herbicides on public
grounds.
(b) Exception.--Upon request for a waiver by an applicant,
the department may authorize the use or application of a
synthetic herbicide on public grounds after receiving a
recommendation from the advisory committee, if the department
determines the following criteria are met regarding the use or
application:
(1) The use or application is appropriate to address an
emergency that:
(i) threatens the public health, safety or welfare
of persons; or
(ii) involves an invasive species that threatens the
overall health of the ecosystem and is necessary after
organic methods prove insufficient.
(2) The applicant has carefully evaluated all
alternative methods and materials, including nonherbicide
management tactics and nonsynthetic herbicides, and is
requesting to use the minimum amount of the least toxic and
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most effective herbicide necessary.
(3) The person using or applying the synthetic herbicide
will, to the greatest extent practical, minimize the impact
of the application on abutting properties.
(4) The authorized use or application of the synthetic
herbicide will not be detrimental to the public's health,
safety or welfare.
(c) Application process.--
(1) The department shall develop an application process
for a waiver under subsection (b) that addresses the criteria
specified under subsection (b)(1), (2), (3) and (4).
(2) The application shall be posted on the publicly
accessible Internet website of the department.
§ 5914. Advance posting of notice of anticipated pesticide use.
Each Commonwealth agency and municipality shall post signs
prominently providing notice in advance of the application of
pesticides. The following apply:
(1) The notice must include:
(i) The date that the pesticide application will be
occurring.
(ii) A contact number for questions.
(2) The signage must be posted 48 hours prior to the
pesticide application and remain for 72 hours after the
pesticide application.
§ 5915. Organic land management.
(a) Development.--The Department of Environmental
Protection, in consultation with the Department of Agriculture,
shall develop an organic land management plan for the
Commonwealth, which shall be used by Commonwealth agencies and
municipalities as the method of choice to understand, prevent
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and control actual and potential plants considered to be noxious
weeds.
(b) Components.--The essential practices of organic land
management shall include:
(1) Regular soil testing.
(2) The addition of approved soil amendments as
necessitated by soil test results, following recommendations
by appropriate farming and agricultural associations, as
determined by the Department of Environmental Protection in
consultation with the Department of Agriculture.
(3) The selection of plantings using criteria of:
(i) Hardiness and suitability to native conditions.
(ii) Drought, disease and pest resistance.
(iii) Ease of maintenance.
(4) Modification of outdoor management practices to
comply with organic horticultural science, including
scouting, monitoring, watering, mowing, pruning, proper
spacing and mulching.
(5) The use of physical controls, including hand-weeding
and over-seeding.
(6) The use of biological controls, including the
introduction of natural predators, and enhancement of the
environment of a pest's natural enemies.
(7) Through observation, determining the most effective
treatment time based on pest biology and other variables,
such as weather and local conditions.
(8) Eliminating pest habitats and conditions supportive
of pest population increases.
§ 5916. Reports on pesticide usage.
(a) Required notice.--Beginning six months after the
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effective date of this subsection, each Commonwealth agency and
municipality shall:
(1) Report and update information regarding the usage of
any kind of pesticide to the department.
(2) Post the information under paragraph (1) on the
publicly accessible Internet website of the Commonwealth
agency or municipality.
(b) Contents.--Each required report and update under
subsection (a) must include the following information:
(1) The common name of the pesticide.
(2) The trade name of the pesticide.
(3) The registration number designated by the United
States Environmental Protection Agency.
(4) The amount of pesticide applied.
(5) The method of application.
(6) The location where the pesticide was applied.
(7) The square footage of area where the pesticide was
applied.
(8) The name of the person applying the pesticide.
(9) The name of the entity employing or directing the
person applying the pesticide.
(10) Whether the person applying the pesticide posted
any notices informing the public that the pesticide was
applied.
§ 5917. Rules and regulations.
The department shall promulgate or adopt any rules or
regulations necessary to implement the provisions of this
chapter.
Section 2. The prohibition under 35 Pa.C.S. § 5913(a) shall
apply as follows:
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(1) For public grounds in the nature of a golf course or
a sports or athletic field, the prohibition shall apply on or
after 36 months after the effective date of this paragraph.
(2) For public grounds other than a golf course or a
sports or athletic field, the prohibition shall apply on or
after 18 months after the effective date of this paragraph.
Section 3. This act shall take effect in 60 days.
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