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F I S C A L I M P A C T R E P O R T

SPONSOR Nava

ORIGINAL DATE

LAST UPDATED

3/02/2007

3/12/2007 HB

SHORT TITLE Area Applications on Crops Near Schools

SM 52/aSRC

ANALYST Schuss

ESTIMATED ADDITIONAL OPERATING BUDGET IMPACT (dollars in thousands)

FY07

FY08

FY09 3 Year

Total Cost

Recurring

or Non-Rec

Fund

Affected

Total Unknown Unknown

Unknown

Non-

Recurring General

Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Department of Agriculture (DOA)

Public Education Department (PED)

SUMMARY

Synopsis of SRC Amendment

The proposed amendment by the Senate Rules Committee requests that the Agriculture Aviation

Association report on the rules regulating aerial applications made to agronomic crops near

schools.

The amendment removes the statement that says the New Mexico Department of Agriculture has

regulatory authority over plant protectants and nutrients applied to agronomic crops.

The amendment removes the request that the New Mexico Department of Agriculture assemble a

work group and requests that the Agriculture Aviation Association report on the rules regulating

aerial applications made to agronomic crops near schools to the appropriate Interim Legislative

Committee no later that November 1, 2007.

Synopsis of Original Bill

Senate Memorial 52 requests that a work group be assembled to evaluate what effects may exist

from aerial applications made to agronomic crops near schools.

Senate Memorial 52/a SRC – Page

2

FISCAL IMPLICATIONS

DOA states that they would incur expenses to assemble and convene the workgroup and collect

the background information necessary for the group to perform a sound evaluation and formulate

any necessary actions.

SIGNIFICANT ISSUES

Senate Memorial 52 states that agriculture is historically and economically important to New

Mexico and its citizens and communities and New Mexico’s children must be provided with a

safe place to obtain an education. Schools may be located in an agriculture community and

various plant protectants and nutrients are applied to agronomic crops.

Children’s exposure to chemicals or toxins that may trigger asthmatic or chemical sensitivity

reactions should be minimized.

The Senate of the State of New Mexico requests that the Director of the New Mexico

Department of Agriculture be requested to assemble a work group to evaluate what effects may

exist from aerial applications made to agronomic crops near schools and formulate precautionary

actions to ensure that children are not being exposed to the products used in aerial applications

during school hours.

The work group should consist of a representative from:

•

the Department of Health,

•

the Department of Environment,

•

the Public Education Department,

•

the aerial applicator industry,

•

the Tools for Schools Good Neighbor Program

•

a local school district and any other members the director feels will add value to the

product

SM 52 also requests that the director report on the progress of the work group to the appropriate

interim legislative committee no later than November 1, 2007.

DOA reports that they are designated by the U.S. Environmental Protection Agency (EPA) as the

state lead agency for pesticides and as such is required to have and exercise adequate authority to

regulate pesticides in the state. DOA has and exercises authority over pesticide applications and

investigates all allegations of pesticide exposure, wherever they may occur. DOA takes action

against applicators, whether aerial or ground, when their actions put persons at risk of exposure.

DOA conducts routine and “for cause" inspections of all aerial applicators and can target

inspections of applications around sensitive areas including schools.

ADMINISTRATIVE IMPLICATIONS

According to DOA, they would incur expenses in terms of staff time and travel to engage in the

evaluations and workgroup meetings and additional staff would be required to gather and

compile data and information on the types of crops grown, locations of schools, pesticide and

fertilizer use, and other factors necessary to study this.

BS/mt