Local Government Pesticide No Preemption
Concerning provisions that preempt a local government's authority to regulate the use of pesticides within the local government's jurisdiction.
2020 Regular Session
Professions & Occupations
Current state law prohibits local governments from substantively regulating the use and application of pesticides. The bill authorizes local governments to regulate pesticide use and application. In connection with this authorization, the bill:
- Declares pesticide regulation a matter of both statewide and local concern;
- Repeals provisions that prohibit local regulation of pesticide use and application and explicitly authorizes a county to enact this type of regulation;
- Permits local governments to regulate pesticide use and application except in connection with the cultivation of marijuana and the production of agricultural products;
- Clarifies that a local government must meet the requirements of state and federal law; and
- Gives state courts exclusive jurisdiction to review local pesticide laws.
(Note: This summary applies to this bill as introduced.)