There are several pesticide related bills being considered in the Illinois Senate and House currently. We’ve been told that action will need to be taken on many of these in the next couple of weeks if they are to become laws. Some have previous versions that were introduced in past years and will likely return in some form if no action is taken this spring. Many Illinois pesticide applicators and operators will be affected by these bills should they become law. Often it is better to be proactive rather than reactive. Please make your voice heard. You can call the bills’ sponsors and those on the involved committees. Let them know of any potential impacts new pesticide laws could have on your livelihood and business operations.
HB1596 – Pesticide-Notice-Schools
Synopsis as introduced:
Amends the Illinois Pesticide Act. Requires certified pesticide applicators to give written or email notice 72 hours prior to application of pesticide to schools and parks within half of a mile from the site of application. Provides other notice requirements. Defines terms.
Considerations:
This would affect many pesticide applicators. This would be in addition to the Lawncare Act notification requirements and the PARNA notification requirements. Who would get notified and what would they do with that information? How feasible would it be to provide notice 72 hours prior and what happens when weather or schedules change?
SB1574 – Pesticides-Operator Regulation
Synopsis as introduced:
Amends the Illinois Pesticide Act. Replaces the definition of the term "licensed operator" with definitions of the terms "licensed large-scale operator" and "licensed small-scale operator". Provides that the Director of Agriculture shall issue separate certification tests for licensed large-scale operators and licensed small-scale operators based on the rules and regulations prescribed for each by the Department of Agriculture. Makes conforming changes in the Act.
Considerations:
This would split General Standards into large-scale and small-scale operators based off of the size of their equipment. This would create confusion for roughly 15,000 operators in Illinois who would then need to determine which General Standards test they would need – many of which would need to take both. Boom sprayers are specifically mentioned, but booms can be tractor mounted or hand-held. The intent is to limit what applicators need to know for sprayer calibration, yet the basic required math skills remain the same.
HB1645– Pesticide 2,4-D Ban
Synopsis as introduced:
Amends the Illinois Pesticide Act. Bans the sale and use of ester formulations of 2,4-dichlorophenoxyacetic acid.
Considerations:
Similar bills have been introduced in past years. This likely will return next year if no action occurs this spring. This herbicide is widely used in turfgrass and field crops. Suspected herbicide injury on trees in recent years have led to 2,4-D being in the spotlight. Note that herbicide residue testing cannot determine the exact formulation of 2,4-D.
HB3804 – Pesticides-Glyphosate Ban
Synopsis as introduced:
Amends the Illinois Pesticide Act. Provides that no person shall distribute, sell, offer for sale, or use glyphosate or any products containing glyphosate within the State. Provides that the Department of Agriculture may adopt any rules it deems necessary to implement the provisions.
Considerations:
Similar bills have been introduced in past years. This likely will return next year if no action occurs this spring. This non-selective herbicide is widely used in many areas including turfgrass, field crops, aquatic, and rights-of-way. Homeowner products containing glyphosate have already been removed from the marketplace. Effective non-selective alternatives are limited.
HB2725 – Vector Control Plan Notice
Synopsis as introduced:
Amends the Vector Control Act. Adds legislative findings to the Act. Defines "integrated vector management approach". Provides that an organization performing mosquito control as a public service shall submit to the Department of Public Health a written integrated vector management plan. Provides that this requirement does not apply to (i) the Department mosquito control grantees who are supervised by the Department on the effective date of the amendatory Act or (ii) a business or person regulated under the Structural Pest Control Act. Provides that a vector management organization shall establish and maintain a system of public notification prior to the use of wide-area chemical pesticides from the public right of way. Provides that a vector management plan shall consist of a plan for the prevention and biological and nonchemical control of disease vectors based upon scientific data prescribed by the Department. Effective January 1, 2026.
Considerations:
It appears that climate change and IPM are noted additions in the full text. Note that there is a notification requirement for applicators.
HB1893 – Household Hazardous Waste Stewardship Act
Synopsis as introduced:
Creates the Household Hazardous Waste Stewardship Act. Requires manufacturers, beginning January 1, 2027, to implement a stewardship program for covered products. Details manufacturer obligations under the stewardship program, including in the context of a stewardship organization comprised of manufacturers. Requires registration by April 1, 2026, and annually, for each manufacturer who sells covered products in the State and each stewardship organization. Details the roles of retailers and collections sites. Outlines stewardship plan components. Provides requirements for the Environmental Protection Agency for stewardship plan approval. Details requirements for a stewardship organization implementing a stewardship plan, as well as other statewide collection requirements. Details reporting requirements. Requires a stewardship organization to pay to the Agency an annual fee of $200,000, split if there is more than one stewardship organization. Provides for responsibilities for the Agency. Provides for immunity from antitrust laws. Provides for rulemaking authority for the Agency. Provides for civil and criminal penalties. Allows collection of covered products by a premium collection service. Makes findings. Defines terms. Effective immediately.
Considerations:
This would include but is not limited to the following: aerosol products, fertilizers, herbicides, pesticides, fluorescent lamps, furniture stripper and varnish, gasoline, kerosene, used oil, antifreeze, electronic cigarettes, household cleaners, solvent cleaners, and pool or hot tub chemicals. This effort would help ensure that products are disposed of properly. Manufacturers will be primarily affected but certainly their increased costs could be passed on the end user.
HB1156 – Pretreated Seed Ban-Ethanol
Synopsis as introduced:
Amends the Illinois Pesticide Act. Provides that, notwithstanding any other provision of law, no person shall produce ethanol using seeds that have been treated with a pesticide.
Considerations:
This practice wasn’t really used in Illinois.
HB1295 – PFAS-product Ban
Synopsis as introduced:
Amends the PFAS Reduction Act. Requires, on or before January 1, 2027, a manufacturer of a product sold, offered for sale, or distributed in the State that contains intentionally added PFAS to submit to the Environmental Protection Agency specified information. Allows the Agency to waive the submission of information required by a manufacturer or extend the amount of time a manufacturer has to submit the required information. Provides that, if the Pollution Control Board has reason to believe that a product contains intentionally added PFAS and the product is being offered for sale in the State, the Board may direct the manufacturer of the product to provide the Board with testing results that demonstrate the amount of each of the PFAS in the product. Provides that, if testing demonstrates that the product does not contain intentionally added PFAS, the manufacturer must provide the Board with a certificate attesting that the product does not contain intentionally added PFAS. Restricts the sale of specified products beginning January 1, 2026 if the product contains intentionally added PFAS. Allows the Agency to establish a fee payable by a manufacturer to the Agency upon submission of the required information to cover the Agency's reasonable costs to implement the provisions. Allows the Agency to coordinate with the Board, the Department of Agriculture, and the Department of Public Health to enforce the provisions. Sets forth products that are exempt from the provisions.
Considerations:
This law relates to intentionally added PFAS products. The issue is complicated and involves a lot of documentation. We’re told that EPA would need a significant increase in staffing to manage this.
Of course, these all come on the heels of recently enacted pesticide laws in our state including The Pesticide Application on Rights-of-Way Notification Act (PARNA), the Pesticide Application at Schools Act, and one other amendment to the Illinois Pesticide Act banning the use of Restricted Use Pesticides within 500 feet of any school. These last two were discussed previously in this blog and newsletter at this link.
Image credit: Amnaj, AdobeStock
ABOUT THE AUTHORS: Michelle Wiesbrook provides subject matter expertise and training in pesticide safety with an emphasis on horticultural weed science. She serves as the Illinois Pesticide Review newsletter editor, collecting and organizing material.