PETITION OF:

SECTION 1. Chapter 75 of the General Laws is hereby amended by inserting the following new section:

      Section 2B. The University of Lowell shall establish, operate, and maintain a Non Toxic Pest Management Center, hereinafter known as the Center. The purpose of the Center shall be to reduce the use of toxic pest management methods in Massachusetts and to provide education and training in pest prevention and non-toxic methods of pest control. For the programs required pursuant to this paragraph, the Center shall be funded through the Non Toxic Pest Management Fund established under section Two RR (2RR) of chapter twenty-nine of the General Laws. The University of Lowell, through the Center, shall offer the following services to businesses, municipalities, and citizens of the Commonwealth:

         (1) Provide site specific consultations on non toxic pest management principles and strategies;

         (2) Maintain a listing of certified non toxic pest management

contractors and service providers;

         (3) Maintain a library of references and disseminate resources on non toxic pest management methods for preventing and controlling pest problems;

         (4) Act as a clearinghouse of model pollution prevention and

pesticide use reduction bylaws, ordinances, and regulations which have been implemented in other states and countries;

         (5) Provide assistance to Massachusetts municipalities who want to develop such bylaws, ordinances, or regulations;

         (6) Provide training programs to Massachusetts citizens,

municipalities, and businesses on how to use non toxic pest management and promote the use of non toxic pest management in Massachusetts.

SECTION 2. Chapter 29 of the General Laws is hereby amended by inserting after Section 2ZZ the following new section: -

      Section AAA. There is hereby established and set up on the books of the Commonwealth a separate fund to be known as the Non Toxic Pest Management Fund. The following revenue sources shall be credited to said Fund:

         1) The revenue created by the taxation of sales of pesticides,

including insecticides, herbicides, fungicides, miticides and all materials registered with the Environmental Protection agency as pesticides under Federal Insecticide, Fungicide and Rodenticide Act as well as other pesticides commonly regarded in the same category and for the same purpose; and

         2) No less than thirty percent of all revenue:

            (a) collected by the Department of Food and Agriculture from fees associated with the issuance of pesticide certificates and licenses pursuant to Section 10 of Chapter 132B; and

            (b) collected by the Department of Food and Agriculture under Section 7 of Chapter 132B for the registration of pesticides; and

            (c) collected by the Department of Food and Agriculture under Section 9 of Chapter 132B for issuing pesticide dealers' licenses; and

            (d) collected by the Department of Food and Agriculture under Section 8 of Chapter 132B for the issuance of experimental use permits; and

            (e) collected by the Department of Food and Agriculture under Section 14 of Chapter 132B for violations of the provisions of Chapter 132B, excluding fines for violating sections 6C through 6I of that chapter;

      All amounts credited to such fund shall be used, subject to

appropriation, for the Non Toxic Pest Management Center established at the University of Lowell established pursuant to section 2B of chapter 75 of the general laws..

SECTION 3. Section 6 of Chapter 64H of the General Laws is hereby amended in subsection (p) by deleting item (3), and inserting in place thereof the following:

         (3) sales of fertilizer, including ground limestone, hydrated lime, seed inoculants and plant hormones, as well as other substances commonly regarded in the same category and for the same use, but not including any sales of pesticides, including insecticides, herbicides, fungicides, miticides and all materials registered with the Environmental Protection agency as pesticides under Federal Insecticide, Fungicide and Rodenticide Act as well as other pesticides commonly regarded in the same category and for the same purpose;

SECTION 4. Any farmer who has filed an approved Integrated Pest Management plan with the department of food and agriculture shall be eligible for an abatement on all taxes paid pursuant to section 3 of this act. The commissioner of revenue shall establish the guidelines for said abatement program in consultation with the commissioner of agriculture.