HP0759
LD 1099		 Session - 127th Maine Legislature
C "A", Filing Number H-458, Sponsored by
LR 1303
Item 2
Bill Tracking, Additional Documents Chamber Status

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

‘Sec. 1. 7 MRSA c. 417  is enacted to read:

CHAPTER 417

ANIMAL AND PLANT DISEASE AND INSECT CONTROL FUND

§ 2431.  Fund established

The Animal and Plant Disease and Insect Control Fund, referred to in this chapter as "the fund," is established. The fund is administered by the University of Maine Cooperative Extension and consists of funds received from Title 36, chapter 723, any appropriations or allocations from the Legislature and any contributions from private and public sources. The fund, to be accounted within the University of Maine Cooperative Extension, must be held separate and apart from all other money, funds and accounts. The fund may not be used to pay for any administrative costs incurred by the University of Maine or by the University of Maine Cooperative Extension. Eligible investment earnings credited to the assets of the fund become part of the assets of the fund. Any balance remaining in the fund must be disbursed on a quarterly basis to the University of Maine Cooperative Extension.

§ 2432.  Expenditures from fund; distribution

Funds in the fund must be distributed by the University of Maine Cooperative Extension for the following purposes:

1.  Pesticide container fee reimbursement.   Ongoing reimbursement to Maine Revenue Services, on the same schedule as sales tax collection, to pay for administrative costs from collection of the pesticide container fee under Title 36, section 4911, subsection 3;
2.  Board of Pesticides Control reimbursement.   Reimbursement annually to the Board of Pesticides Control, established in Title 5, section 12004-D, subsection 3, to pay for costs incurred by the Board of Pesticides Control pursuant to their responsibilities under Title 36, section 4911, subsection 5;
3.  Pest management education.   To the University of Maine Cooperative Extension for outreach and education initiatives on pest management and pesticide safety, including community integrated pest management and medical and veterinary pest management, focusing on health-related issues caused by ticks and mosquitoes, and pesticide application and use, focusing on pollinator health and safety; and
4.  Laboratory costs.   To the University of Maine Cooperative Extension to pay for nonadministrative costs related to its animal and plant disease and insect control laboratory, including but not limited to testing ticks provided by residents of the State for pathogenic organisms and general laboratory operations involving pesticide management and insect control.

Sec. 2. 36 MRSA c. 723  is enacted to read:

CHAPTER 723

PESTICIDE CONTAINER FEE

§ 4911.  Fee imposed

1.  Imposition.   A fee is imposed on the retail sale in this State of containers of consumer packaged pesticides in the amount of 20¢ per container. For purposes of this chapter, "consumer packaged pesticides" means pesticides packaged in suitable quantities for residential application intended for general use as determined by rule by the Board of Pesticides Control, established in Title 5, section 12004-D, subsection 3 and referred to in this chapter as "the board." Three cents of the 20¢ per container fee imposed on each sale may be retained by the retailer in order to defray the costs associated with collecting the fee.
2.  Exemptions.   The following products are exempt from the fee imposed under subsection 1:
A.  A container of pesticides labeled "only for agricultural use" "only for industrial use" or "only for commercial use";
B.  A container of restricted use pesticides, as defined in Title 22, section 1471-C, subsection 23;
C.  A container of pesticides labeled, packaged and intended for use by commercial or private certified pesticide applicators as determined by rule by the board;
D.  A container of paint, stain, wood preservative or sealant bearing a federal Environmental Protection Agency pesticide product registration number; and
E.  All containers of pesticides sold by a retail store of less than 7,000 square feet of interior and exterior retail space as long as the owner of the retail store owns no more than one other retail store in the State.
3.  Administration of fee.   The fee imposed by this chapter is administered as provided in chapter 7 and Part 3, with the fee imposed pursuant to this chapter to be considered as imposed under Part 3. On a monthly basis, the Treasurer of State shall credit all revenue derived from the fee imposed by this chapter to the Animal and Plant Disease and Insect Control Fund established under Title 7, section 2431.
4.  Optional participation.   A retail store selling a product exempt under subsection 2, paragraph E may participate in the collection of the fee under subsection 1 by registering with the board.
5.  Inspections.   The State Tax Assessor or the assessor's duly authorized agents may inspect the books or records of a retailer, or the premises of a retailer where consumer packaged pesticides are stored, handled, transported or merchandised, for the purpose of determining what pesticide products are taxable under this chapter or for the purpose of determining the truth or falsity of any statement or return made by a retailer. The State Tax Assessor may delegate the State Tax Assessor's authority under this subsection to the Commissioner of Agriculture, Conservation and Forestry or the commissioner's deputies, agents or employees. The board shall assist the State Tax Assessor in carrying out its authority under this subsection.
6.  Responsibilities of the board.   By January 1, 2016 and every April 1st thereafter, the board shall provide to a retail store required to collect the fee under subsections 1 and 4 a product code for every type of pesticide container that may be sold by that store and subject to the fee imposed by this chapter.

The board shall review the fee imposed under this chapter between April 1st and May 1, 2017, and every 2 years thereafter by April 1st. Following this review, the board shall submit a report to the joint standing committee of the Legislature having jurisdiction over pest management matters that includes the quantity of registered products subject to the fee imposed under subsection 1 and the total amount of funds disbursed to the Maine Revenue Service, the board and the University of Maine Cooperative Extension, along with any recommended changes to this chapter or Title 7, chapter 417. Upon receipt of the report, the joint standing committee of the Legislature having jurisdiction over pest management matters may report out a bill to make changes to this chapter or Title 7, chapter 417.

7.  Rulemaking.   The board shall adopt rules necessary to implement this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF

Revenue Services, Bureau of 0002

Initiative: Provides one-time funding for computer programming.

GENERAL FUND 2015-16 2016-17
All Other
 $12,000 $0
inline graphic sline.gif inline graphic sline.gif
GENERAL FUND TOTAL $12,000 $0

ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
DEPARTMENT TOTALS 2015-16 2016-17
GENERAL FUND
 $12,000 $0
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $12,000 $0

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF

Pesticides Control - Board of 0287

Initiative: Provides an allocation to modify the system for pesticide container codes.

OTHER SPECIAL REVENUE FUNDS 2015-16 2016-17
All Other
 $120,000 $0
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $120,000 $0

Pesticides Control - Board of 0287

Initiative: Provides an allocation for rule-making costs.

OTHER SPECIAL REVENUE FUNDS 2015-16 2016-17
All Other
 $2,500 $0
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $2,500 $0

Pesticides Control - Board of 0287

Initiative: Provides allocations to hire a contractor to assist in setting up a program to provide stores with product codes for every type of pesticide container that may be sold by that store.

OTHER SPECIAL REVENUE FUNDS 2015-16 2016-17
All Other
 $150,000 $75,000
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $150,000 $75,000

Pesticides Control - Board of 0287

Initiative: Provides an allocation for STA-CAP costs.

OTHER SPECIAL REVENUE FUNDS 2015-16 2016-17
All Other
 $14,007 $3,855
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $14,007 $3,855

AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
DEPARTMENT TOTALS 2015-16 2016-17
OTHER SPECIAL REVENUE FUNDS
 $286,507 $78,855
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $286,507 $78,855

UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE

Animal and Plant Disease and Insect Control Fund N195

Initiative: Allocates funds for pest management and pesticide safety outreach and education and for nonadministrative costs related to the University of Maine Cooperative Extension's animal and plant disease and insect control laboratory.

OTHER SPECIAL REVENUE FUNDS 2015-16 2016-17
All Other
 $192,000 $340,000
inline graphic sline.gif inline graphic sline.gif
OTHER SPECIAL REVENUE FUNDS TOTAL $192,000 $340,000

UNIVERSITY OF MAINE SYSTEM, BOARD OF TRUSTEES OF THE
DEPARTMENT TOTALS 2015-16 2016-17
OTHER SPECIAL REVENUE FUNDS
 $192,000 $340,000
inline graphic sline.gif inline graphic sline.gif
DEPARTMENT TOTAL - ALL FUNDS $192,000 $340,000

SECTION TOTALS 2015-16 2016-17
GENERAL FUND
 $12,000 $0
OTHER SPECIAL REVENUE FUNDS
 $478,507 $418,855
inline graphic sline.gif inline graphic sline.gif
SECTION TOTAL - ALL FUNDS $490,507 $418,855
’

SUMMARY

This amendment, which replaces the bill, includes the provisions in the bill creating the Animal and Plant Disease and Insect Control Fund to pay for pest management and pesticide safety outreach and education and for operating costs relating to pesticide management and insect control of the University of Maine Cooperative Extension's animal and plant disease and insect control laboratory. The Animal and Plant Disease and Insect Control Fund is funded by a 20¢ fee on every container of consumer packaged pesticides, with some exceptions.

In addition, it establishes that the fund may not be used to pay for any administrative costs incurred by the University of Maine or by the University of Maine Cooperative Extension. It also provides that retailers may retain 3¢ of the 20¢ fee in order to help offset the costs of collection. It establishes that the Board of Pesticides Control must, by rule, establish the universe of products upon which a fee will be imposed and the types of products that are exempted from the fee. Additionally, it expands the Board of Pesticides Control's responsibilities and provides that a report be submitted biennially to the joint standing committee of the Legislature having jurisdiction over pest management matters, which has authority to report out a bill implementing changes to this program upon receipt of the report. The amendment also adds an appropriations and allocations section.

FISCAL NOTE REQUIRED
(See attached)

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