HB 5219 — AN ACT CONCERNING STANDARDS FOR THE SPRAYING OF HERBICIDES ALONG RAILROAD RIGHT-OF-WAYS.

General Assembly Substitute House Bill No.

5219 FebruaryPublic Session,Act 2024No. AN ACT CONCERNING STANDARDS FOR THE SPRAYING OF HERBICIDES ALONG RAILROAD RIGHT-OF-WAYS.

24-9 AN ACT CONCERNING STANDARDS FOR THE SPRAYING OF HERBICIDES ALONG RAILROAD RIGHT-OF-WAYS.

(2) Any vegetation management plan submitted on or after February LCO 1 of 4 Substitute House Bill No.

5219 (2) Any vegetation management plan submitted on or after February 1, 2025, pursuant to subsection (a) of this section shall identify the:

(4) Notwithstanding the provisions of any vegetation management plan,Public integratedAct pestNo. management plan or yearly operation plan submitted pursuant to this subsection, no railroad company or agent of any such railroad company within any rights-of-way shall:

(A)24-9 Apply any pesticide at an exceedance of the minimum labeled rate appropriate LCO 2 of 4 Substitute House Bill No.

5219 forplan, theintegrated site, pest andmanagement application,plan (B) apply herbicides when, due to the wind velocity, there is a likelihood of drift off target or ifyearly thereoperation isplan measurablesubmitted precipitation,pursuant (C)to applythis herbicidessubsection, thatno haverailroad beencompany identified as a potential groundwater contaminant by either the Environmental Protection Agency or theagent Department of Energyany and Environmental Protection, (D) engage in a foliar application of a herbicide if such vegetationisgreaterthantwelvefeetinheight,exceptforsidetrimming,railroad (E)company forwithin any arearights-of-way determinedshall: by the Department of Energy and Environmental Protection to be a sensitive area:

(A) Apply any pesticide at an exceedance of the minimum labeled rate appropriate for the site, pest and application, (B) apply herbicides when, due to the wind velocity, there is a likelihood of drift off target or if there is measurable precipitation, (C) apply herbicides that have been identified as a potential groundwater contaminant by either the Environmental Protection Agency or the Department of Energy and Environmental Protection, (D) engage in a foliar application of a herbicide if such vegetationisgreaterthantwelvefeetinheight,exceptforsidetrimming, (E) for any area determined by the Department of Energy and Environmental Protection to be a sensitive area:

(i) Apply any herbicide within one hundred feet of a Class A public surface water source, (ii) apply any herbicide within one hundred feet of any tributary or associated surface water body located within the Zone A of a Class A public surface water source, or within ten feet of any tributary or associated surface water body located outside of the Zone A of the Class A public surface water source, (iii) apply herbicides within a lateral distance of one hundred feet for a span of four hundred feet upstream of any Class B drinking water intake, (iv) apply any herbicide within a distance of between one hundred feet from any Class A surface water source and the outer boundary of any Zone A, (v) apply any herbicide within a distance of betweentenfeetbetween tenfeet andtheouterboundaryofany ZoneA for anytributary orassociatedsurface waterbodylocatedoutsideoftheZoneAofaClass A surface water source, or (vi) apply any herbicide within a lateral distance of between one hundred and two hundred feet for a span of four hundred feet upstream of a Class B drinking water intake, unless a minimumPublic ofAct twenty-four months has elapsed since the last application to the site and herbicides are applied selectively by low pressure using foliar techniques or basal or cut-stump applications, (G) apply any herbicide within a distance of fifty feet of any private well, (H) apply any herbicide within a distance of between fifty feet and one hundred feet of any private well, unless a minimum of twenty-four months has LCO 3 of 4 Substitute Bill No.

521924-9 elapsed3 since the last application to the site and such herbicides are applied selectively by low pressure, using foliar techniques or basal or cut-stump applications, (I) apply herbicides within ten feet of any4 wetland,Substitute theHouse meanBill annualNo. high-water line of any river or any vernal pool, (J) apply any herbicide between ten feet and one hundred feet of any wetland, within ten feet from the mean annual high-water line of any river and the outer boundary of any riverfront area or within a distance of ten feet from any certified vernal pool and the outer boundary of any certified vernal pool habitat, or (K) apply any foliar herbicide within one hundred feet of an inhabited area or agricultural area unless a minimum of twelve months has elapsed since the last site application and such herbicide is applied selectively by low pressure, using foliar techniques or basal or cut-stump applications.

5219 minimum of twenty-four months has elapsed since the last application to the site and herbicides are applied selectively by low pressure using foliar techniques or basal or cut-stump applications, (G) apply any herbicide within a distance of fifty feet of any private well, (H) apply any herbicide within a distance of between fifty feet and one hundred feet of any private well, unless a minimum of twenty-four months has elapsed since the last application to the site and such herbicides are applied selectively by low pressure, using foliar techniques or basal or cut-stump applications, (I) apply herbicides within ten feet of any wetland, the mean annual high-water line of any river or any vernal pool, (J) apply any herbicide between ten feet and one hundred feet of any wetland, within ten feet from the mean annual high-water line of any river and the outer boundary of any riverfront area or within a distance of ten feet from any certified vernal pool and the outer boundary of any certified vernal pool habitat, or (K) apply any foliar herbicide within one hundred feet of an inhabited area or agricultural area unless a minimum of twelve months has elapsed since the last site application and such herbicide is applied selectively by low pressure, using foliar techniques or basal or cut-stump applications.

ThisApproved actMay shall21, take2024 effectPublic asAct followsNo. and shall amend the following sections:

Section24-9 14 Julyof 1,4 2024 22a-66a(j) ENV Joint Favorable Subst.

TRA Joint Favorable LCO 4 of 4