Title 302 | Chapter 026 | Regulation 090
SUPERSEDED
This document is no longer current.
DEPARTMENT OF AGRICULTURE
Office of Consumer and Environmental Regulation
(New Administrative Regulation)
302 KAR 26:090.Wood destroying organism treatments and integrated pest management in schools.
Section 1.
Definitions.(1)
"Children are present" means the designated time period between two (2) hours before the start time and forty-five (45) minutes after the dismissal time of the regularly scheduled school day as determined by the school authority under the calendar set by the school board.(2)
"Graph" means a drawing of a structure that:(a)
Identifies the type of structure;(b)
Provides an outline of the structure indicating approximate length and width;(c)
Records the location of any current visible wood-destroying organism activity;(d)
Records the location of any current visible damage caused by any wood-destroying organism; and(e)
Records the location of all treatment methods applied, including all partial treatments applied to any selected areas of the structure.(3)
"Integrated pest management program" means a strategy of controlling pests, general pests, and wood destroying organisms by combining biological, chemical, cultural, mechanical, and physical control methods in a way that minimizes economic, health, and environmental risks.(4)
"Notification" means information distributed to persons who request a notice of a pesticide application.(5)
"Outside areas" means the property associated with commercial, industrial, or residential structures where a commercial structural pest management license holder, under KRS 217B.515, is authorized to control pests, general pests, and wood destroying organisms by means other than chemicals used for lawn care or agricultural pests.(6)
"Posted" means a sign measuring at least 8.5 in. x 11 in. displaying the words "Pesticide Treatment Area" and "Do Not Enter" along with listing an identified time for re-entry after the pesticide application is made.(7)
"Registry" means a list, maintained by a school authority, of individuals that request advance notification of pesticide application.(8)
"School" means an institution for teaching children such as, but not limited to, preschool, kindergarten, child day care centers, primary, and secondary schools.(9)
"School authority" means superintendent, assistant superintendent, principal, assistant principal, headmaster, or a designee.Section 2.
Documentation of Treatment for Wood-destroying Organisms. At the time of treatment application for control or prevention of wood-destroying organisms, a graph shall be issued to the owner of the property.Section 3.
Integrated Pest Management in Schools. Each school district shall implement an integrated pest management program with a primary goal of controlling pests, general pests, and wood-destroying organisms with the judicious use of pesticides.(1)
Pesticides may be applied without notification indoors and to outside areas when children are not present.(2)
Pesticides may be applied without notification when children are present but shall be limited to:(a)
Germicides, disinfectants, bactericides, sanitizing agents, water purifiers, and swimming pool chemicals used in normal cleaning activities;(b)
Personal insect repellents;(c)
Human or animal ectoparasite control products administered by qualified health professionals or veterinarians;(d)
Manufactured paste, gel, or other formulations designated on the product label as bait and applied according to label instructions where humans do not have reasonable access to the application area; and(e)
Rodent control products placed in industry identified tamper-resistant bait stations or rodenticides placed in wall voids or other rodent harborage sites that are inaccessible to humans.(3)
(a)
Each school authority shall maintain a registry of electronic mail or telephone contact numbers of parents or guardians who have requested notification prior to the application of pesticides in schools when children are present, and shall provide written notice to parents or guardians at the beginning of each school year of the existence of the registry and the process for being placed on the registry. The written notice shall be as follows: "Dear Parent or Guardian: Each school district in the Commonwealth is required to implement a program of "integrated pest management" with the primary goal of preventing and controlling pests through strategies that may include judicious use of pesticides. The application of pesticides in the school or on school grounds during times when children are present is limited by state regulation, but there may be occasions when, after consulting with a certified pesticide applicator, the school administration determines that a pesticide application is necessary when children are present in the school. As required by state regulation, we have created a registry for parents or guardians who wish to receive an electronic message or telephone call prior to the application of pesticides in the school when children are present. Please provide the school administration your email address or phone number if you wish to be placed on this registry."(b)
Notification by the school to parents or guardians on the registry shall be required if the school authority, after consultation with the certified applicator, determines that a pesticide application other than those listed in subsection (2) of this section, is necessary when children are present in the school.(c)
For pesticide applications made when children are present, the school authority shall provide the notification to persons listed on the registry at least one (1) hour prior to the making of the application.(4)
The notification required by subsection (3)(b) of this section shall include:(a)
The date and time of the pesticide application;(b)
The target pests to be treated;(c)
A description of the use of the area treated;(d)
The brand name of the pesticides applied and the pesticide application method; and(e)
A telephone number that persons requesting prior notification can use to contact the school authority for more information.(5)
A copy of the notification shall be maintained by the school authority for twenty-four (24) months after the notification is issued and shall be subject to inspection upon request by Kentucky Department of Agriculture personnel.(6)
The certified applicator shall only be required to provide to the school authority the information required in subsection (4)(a) to (d) of this section on an Integrated Pest Management School Acknowledgement form provided by the department. The certified applicator shall retain a copy of the completed form.(7)
The completed form required by subsection (6) of this section shall:(a)
Include the information required in subsection (4)(a) to (d) of this section; and(b)
Be signed by the school authority acknowledging that the required information was received from the certified applicator prior to the application of pesticides when children are present.(8)
A copy of the completed form shall be maintained for thirty-six (36) months by the certified applicator after it is received and shall be subject to inspection upon request by Kentucky Department of Agriculture personnel.(9)
The area where the point of application of a pesticide occurred shall be posted by the certified applicator regardless of the absence or presence of children.Section 4.
Incorporation by Reference.(1)
"Integrated Pest Management School Acknowledgement", 2017, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Environmental Services, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.DR. RYAN QUARLES, Commissioner
APPROVED BY AGENCY: June 13, 2022
FILED WITH LRC: June 14, 2022 at 10 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 23, 2022 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This filing creates the definitions for the new consolidated pesticides chapter.
(b) The necessity of this administrative regulation:
his filing is necessary to create a uniform set of definitions for the regulation of the pesticide industry.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This filing creates a uniform set of definitions for the regulation of the pesticide industry. This is critical for uniformity and ease of use.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
Having a single consolidated chapter and set of definitions creates a uniform set of terms for ease of use by all entities, the KDA included.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new filing.
(b) The necessity of the amendment to this administrative regulation:
This is a new filing.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new filing.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new filing.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects pesticide sellers, and applicators in Kentucky. This includes individuals and government agencies that chose to apply pesticides. Approximately 19,750 entities are currently licensed or registered by the KDA, although the filing does affect persons not regulated as well.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
All persons selling or using pesticides as defined in the Commonwealth shall need to comply with the minimum standards laid out in this filing.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The cost depends on the activity the regulated entity choses to participate in. No costs are involved for this particular definitions filing.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Entities will safely and legally sell and apply pesticides in Kentucky.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA estimates $2,180,000 total annually.
(b) On a continuing basis:
The KDA estimates at least $2,180,000 total annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A combination of fees and fines, Federal grants, and the KDA general fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No fees are associated with this filing.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are associated with this filing.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
State agencies, county and city government units, including but not limited to, highway and road departments, parks departments, maintenance departments, and school districts, that employ persons as pesticide applicators.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. and 40 C.F.R. 171. KRS 217B.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
For state government, particularly the Kentucky Department of Agriculture, revenue will increase minimally due to elimination of the $15 discount on test fees for each additional license category. Revenue from fines may increase minimally, due to increases in some fine amounts. Revenue from fines in 2021 was approximately $13,000. No additional revenue is anticipated for local government agencies.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
For state government, particularly the Kentucky Department of Agriculture, revenue will increase minimally due to elimination of the $15 discount on test fees for each additional license category. Revenue from fines may increase minimally, due to increases in some fine amounts. Revenue from fines in 2021 was approximately $13,000. No additional revenue is anticipated for local government agencies.
(c) How much will it cost to administer this program for the first year?
The cost to administer the pesticide programs authorized by KRS 217B and this regulation is approximately $2,180,000. This includes testing for certification and licensure, issuing licenses, authorizing continuing education unit hours, and pesticide misuse enforcement.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer the pesticide programs authorized by KRS 217B and this regulation is approximately $2,180,000. This includes testing for certification and licensure, issuing licenses, authorizing continuing education unit hours, and pesticide misuse enforcement. Salaries and fuel costs may drive total costs higher in coming years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings for regulated entities will be minimal. Some savings may occur due to reduced requirements for continuing education units, reduced cost for multiple licenses due to combining license categories, and reduction of the test fee for one license category.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings for regulated entities will be minimal. Some savings may occur due to reduced requirements for continuing education units, reduced cost for multiple licenses due to combining license categories, and reduction of the test fee for one license category.
(c) How much will it cost the regulated entities for the first year?
Costs will increase minimally on regulated entities due to elimination of the $15 discount on test fees for each additional license category. Individual costs are determined based on how many categories an entity requires.
(d) How much will it cost the regulated entities for subsequent years?
The KDA expects costs in subsequent years to be flat, not changing nor increased.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] Testing fees and fines associated with this regulation will not exceed the major economic impact cost threshold, and therefore will not have a major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
7 U.S.C. 136 et. seq.
(2) State compliance standards.
KRS Chapter 217B, and new 302 KAR Chapter 26
(3) Minimum or uniform standards contained in the federal mandate.
The federal act and regulations create the minimum guidelines for the regulation of pesticides.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
No. Kentucky law and the federal standards are almost indistinguishable. Kentucky law makes requirements very clear for all entities.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
The KDA does not believe that stricter or any additional standards are created.
DEPARTMENT OF AGRICULTURE
Office of Consumer and Environmental Regulation
(New Administrative Regulation)
302 KAR 26:090.Wood destroying organism treatments and integrated pest management in schools.
Section 1.
Definitions.(1)
"Children are present" means the designated time period between two (2) hours before the start time and forty-five (45) minutes after the dismissal time of the regularly scheduled school day as determined by the school authority under the calendar set by the school board.(2)
"Graph" means a drawing of a structure that:(a)
Identifies the type of structure;(b)
Provides an outline of the structure indicating approximate length and width;(c)
Records the location of any current visible wood-destroying organism activity;(d)
Records the location of any current visible damage caused by any wood-destroying organism; and(e)
Records the location of all treatment methods applied, including all partial treatments applied to any selected areas of the structure.(3)
"Integrated pest management program" means a strategy of controlling pests, general pests, and wood destroying organisms by combining biological, chemical, cultural, mechanical, and physical control methods in a way that minimizes economic, health, and environmental risks.(4)
"Notification" means information distributed to persons who request a notice of a pesticide application.(5)
"Outside areas" means the property associated with commercial, industrial, or residential structures where a commercial structural pest management license holder, under KRS 217B.515, is authorized to control pests, general pests, and wood destroying organisms by means other than chemicals used for lawn care or agricultural pests.(6)
"Posted" means a sign measuring at least 8.5 in. x 11 in. displaying the words "Pesticide Treatment Area" and "Do Not Enter" along with listing an identified time for re-entry after the pesticide application is made.(7)
"Registry" means a list, maintained by a school authority, of individuals that request advance notification of pesticide application.(8)
"School" means an institution for teaching children such as, but not limited to, preschool, kindergarten, child day care centers, primary, and secondary schools.(9)
"School authority" means superintendent, assistant superintendent, principal, assistant principal, headmaster, or a designee.Section 2.
Documentation of Treatment for Wood-destroying Organisms. At the time of treatment application for control or prevention of wood-destroying organisms, a graph shall be issued to the owner of the property.Section 3.
Integrated Pest Management in Schools. Each school district shall implement an integrated pest management program with a primary goal of controlling pests, general pests, and wood-destroying organisms with the judicious use of pesticides.(1)
Pesticides may be applied without notification indoors and to outside areas when children are not present.(2)
Pesticides may be applied without notification when children are present but shall be limited to:(a)
Germicides, disinfectants, bactericides, sanitizing agents, water purifiers, and swimming pool chemicals used in normal cleaning activities;(b)
Personal insect repellents;(c)
Human or animal ectoparasite control products administered by qualified health professionals or veterinarians;(d)
Manufactured paste, gel, or other formulations designated on the product label as bait and applied according to label instructions where humans do not have reasonable access to the application area; and(e)
Rodent control products placed in industry identified tamper-resistant bait stations or rodenticides placed in wall voids or other rodent harborage sites that are inaccessible to humans.(3)
(a)
Each school authority shall maintain a registry of electronic mail or telephone contact numbers of parents or guardians who have requested notification prior to the application of pesticides in schools when children are present, and shall provide written notice to parents or guardians at the beginning of each school year of the existence of the registry and the process for being placed on the registry. The written notice shall be as follows: "Dear Parent or Guardian: Each school district in the Commonwealth is required to implement a program of "integrated pest management" with the primary goal of preventing and controlling pests through strategies that may include judicious use of pesticides. The application of pesticides in the school or on school grounds during times when children are present is limited by state regulation, but there may be occasions when, after consulting with a certified pesticide applicator, the school administration determines that a pesticide application is necessary when children are present in the school. As required by state regulation, we have created a registry for parents or guardians who wish to receive an electronic message or telephone call prior to the application of pesticides in the school when children are present. Please provide the school administration your email address or phone number if you wish to be placed on this registry."(b)
Notification by the school to parents or guardians on the registry shall be required if the school authority, after consultation with the certified applicator, determines that a pesticide application other than those listed in subsection (2) of this section, is necessary when children are present in the school.(c)
For pesticide applications made when children are present, the school authority shall provide the notification to persons listed on the registry at least one (1) hour prior to the making of the application.(4)
The notification required by subsection (3)(b) of this section shall include:(a)
The date and time of the pesticide application;(b)
The target pests to be treated;(c)
A description of the use of the area treated;(d)
The brand name of the pesticides applied and the pesticide application method; and(e)
A telephone number that persons requesting prior notification can use to contact the school authority for more information.(5)
A copy of the notification shall be maintained by the school authority for twenty-four (24) months after the notification is issued and shall be subject to inspection upon request by Kentucky Department of Agriculture personnel.(6)
The certified applicator shall only be required to provide to the school authority the information required in subsection (4)(a) to (d) of this section on an Integrated Pest Management School Acknowledgement form provided by the department. The certified applicator shall retain a copy of the completed form.(7)
The completed form required by subsection (6) of this section shall:(a)
Include the information required in subsection (4)(a) to (d) of this section; and(b)
Be signed by the school authority acknowledging that the required information was received from the certified applicator prior to the application of pesticides when children are present.(8)
A copy of the completed form shall be maintained for thirty-six (36) months by the certified applicator after it is received and shall be subject to inspection upon request by Kentucky Department of Agriculture personnel.(9)
The area where the point of application of a pesticide occurred shall be posted by the certified applicator regardless of the absence or presence of children.Section 4.
Incorporation by Reference.(1)
"Integrated Pest Management School Acknowledgement", 2017, is incorporated by reference.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Kentucky Department of Agriculture, Division of Environmental Services, 107 Corporate Drive, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.DR. RYAN QUARLES, Commissioner
APPROVED BY AGENCY: June 13, 2022
FILED WITH LRC: June 14, 2022 at 10 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on August 23, 2022 at 11:00 a.m., at the Kentucky Department of Agriculture, 111 Corporate Drive, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through August 31, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Clint Quarles, Staff Attorney, Kentucky Department of Agriculture, 107 Corporate Drive, Frankfort Kentucky 40601, phone (502) 330-6360, email clint.quarles@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Clint Quarles
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This filing creates the definitions for the new consolidated pesticides chapter.
(b) The necessity of this administrative regulation:
his filing is necessary to create a uniform set of definitions for the regulation of the pesticide industry.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This filing creates a uniform set of definitions for the regulation of the pesticide industry. This is critical for uniformity and ease of use.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
Having a single consolidated chapter and set of definitions creates a uniform set of terms for ease of use by all entities, the KDA included.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new filing.
(b) The necessity of the amendment to this administrative regulation:
This is a new filing.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new filing.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new filing.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation affects pesticide sellers, and applicators in Kentucky. This includes individuals and government agencies that chose to apply pesticides. Approximately 19,750 entities are currently licensed or registered by the KDA, although the filing does affect persons not regulated as well.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
All persons selling or using pesticides as defined in the Commonwealth shall need to comply with the minimum standards laid out in this filing.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
The cost depends on the activity the regulated entity choses to participate in. No costs are involved for this particular definitions filing.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Entities will safely and legally sell and apply pesticides in Kentucky.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
The KDA estimates $2,180,000 total annually.
(b) On a continuing basis:
The KDA estimates at least $2,180,000 total annually.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
A combination of fees and fines, Federal grants, and the KDA general fund.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
No fees are associated with this filing.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
No fees are associated with this filing.
(9) TIERING: Is tiering applied?
No, all entities are treated the same.
FISCAL NOTE
(1) What units, parts, or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
State agencies, county and city government units, including but not limited to, highway and road departments, parks departments, maintenance departments, and school districts, that employ persons as pesticide applicators.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. and 40 C.F.R. 171. KRS 217B.
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
For state government, particularly the Kentucky Department of Agriculture, revenue will increase minimally due to elimination of the $15 discount on test fees for each additional license category. Revenue from fines may increase minimally, due to increases in some fine amounts. Revenue from fines in 2021 was approximately $13,000. No additional revenue is anticipated for local government agencies.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
For state government, particularly the Kentucky Department of Agriculture, revenue will increase minimally due to elimination of the $15 discount on test fees for each additional license category. Revenue from fines may increase minimally, due to increases in some fine amounts. Revenue from fines in 2021 was approximately $13,000. No additional revenue is anticipated for local government agencies.
(c) How much will it cost to administer this program for the first year?
The cost to administer the pesticide programs authorized by KRS 217B and this regulation is approximately $2,180,000. This includes testing for certification and licensure, issuing licenses, authorizing continuing education unit hours, and pesticide misuse enforcement.
(d) How much will it cost to administer this program for subsequent years?
The cost to administer the pesticide programs authorized by KRS 217B and this regulation is approximately $2,180,000. This includes testing for certification and licensure, issuing licenses, authorizing continuing education unit hours, and pesticide misuse enforcement. Salaries and fuel costs may drive total costs higher in coming years.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
(4) Estimate the effect of this administrative regulation on the expenditures and cost savings of regulated entities for the first full year the administrative regulation is to be in effect.
(a) How much cost savings will this administrative regulation generate for the regulated entities for the first year?
Cost savings for regulated entities will be minimal. Some savings may occur due to reduced requirements for continuing education units, reduced cost for multiple licenses due to combining license categories, and reduction of the test fee for one license category.
(b) How much cost savings will this administrative regulation generate for the regulated entities for subsequent years?
Cost savings for regulated entities will be minimal. Some savings may occur due to reduced requirements for continuing education units, reduced cost for multiple licenses due to combining license categories, and reduction of the test fee for one license category.
(c) How much will it cost the regulated entities for the first year?
Costs will increase minimally on regulated entities due to elimination of the $15 discount on test fees for each additional license category. Individual costs are determined based on how many categories an entity requires.
(d) How much will it cost the regulated entities for subsequent years?
The KDA expects costs in subsequent years to be flat, not changing nor increased.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Cost Savings (+/-):
Expenditures (+/-):
Other Explanation:
(5) Explain whether this administrative regulation will have a major economic impact, as defined below.
"Major economic impact" means an overall negative or adverse economic impact from an administrative regulation of five hundred thousand dollars ($500,000) or more on state or local government or regulated entities, in aggregate, as determined by the promulgating administrative bodies. [KRS 13A.010(13)] Testing fees and fines associated with this regulation will not exceed the major economic impact cost threshold, and therefore will not have a major economic impact.
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
7 U.S.C. 136 et. seq.
(2) State compliance standards.
KRS Chapter 217B, and new 302 KAR Chapter 26
(3) Minimum or uniform standards contained in the federal mandate.
The federal act and regulations create the minimum guidelines for the regulation of pesticides.
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
No. Kentucky law and the federal standards are almost indistinguishable. Kentucky law makes requirements very clear for all entities.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
The KDA does not believe that stricter or any additional standards are created.