A3104A-2011 Actions

• May 23, 2012: reported referred to ways and means
• May 10, 2012: print number 3104a
• May 10, 2012: amend and recommit to environmental conservation
• Jan 4, 2012: referred to environmental conservation
• Jan 24, 2011: referred to environmental conservation

A3104A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 3104--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 24, 2011
 
 Introduced  by  M. of A. ZEBROWSKI, SWEENEY, CASTRO, LIFTON, MENG, SCHI
 MEL, JAFFEE -- Multi-Sponsored by --  M.  of  A.  BOYLAND,  GOTTFRIED,
 O'DONNELL,  P. RIVERA, TITONE, WEISENBERG -- read once and referred to
 the Committee on Environmental  Conservation  --  recommitted  to  the
 Committee  on  Environmental  Conservation in accordance with Assembly
 Rule  3,  sec.  2  --  committee  discharged,  bill  amended,  ordered
 reprinted as amended and recommitted to said committee
 AN  ACT to amend the environmental conservation law, the social services
 law and the education law, in relation to integrated pest management
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Article 33 of the environmental conservation law is amended
 by adding a new title 17 to read as follows:

 TITLE 17
 INTEGRATED PEST MANAGEMENT
 SECTION 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
 33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
 33-1705. APPLICATION  FOR  INDIVIDUAL INTEGRATED PEST MANAGEMENT
 PLAN.
 

S 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
 THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  EDUCATION
 AND THE COMMISSIONER OF HEALTH, SHALL DEVELOP AN INTEGRATED PEST MANAGE
 MENT PLAN FOR ALL CHILD DAY CARE CENTERS OR HEAD START DAY CARE CENTERS,
 AS  DEFINED  IN SUBDIVISION SIX OF SECTION THREE HUNDRED NINETY-A OF THE
 SOCIAL SERVICES LAW, AND ALL SCHOOLS.
 

S 33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
 1. "INTEGRATED PEST MANAGEMENT" AND "(IPM)" SHALL MEAN A DECISION-MAK
 ING PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO  DETER
 MINE  IF  AND  WHEN CONTROLS   ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL,
 CULTURAL, BIOLOGICAL AND EDUCATIONAL PRACTICES   TO  CONTROL  CONDITIONS
 THAT PROMOTE PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT TOLERABLE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06213-02-2
 
       A. 3104--A                          2
 DAMAGE  OR  ANNOYANCE  LEVELS;  AND  ONLY  AS  A  LAST  RESORT, UTILIZES
 LEAST-TOXIC PESTICIDE CONTROLS.
 2. THE INTEGRATED PEST MANAGEMENT PLAN FOR CHILD DAY CARE CENTERS, AND
 HEAD START DAY CARE CENTERS AND SCHOOLS, AS DEVELOPED BY THE COMMISSION
 ER, SHALL REQUIRE AT A MINIMUM THE FOLLOWING:

 A.   A PROVISION FOR PUBLIC ACCESS TO ALL INFORMATION ABOUT THE IMPLE
 MENTATION OF THE PLANS;
 B. ALL PESTICIDE APPLICATIONS TO BE CONDUCTED BY A  CERTIFIED  COMMER
 CIAL  APPLICATOR.  PESTICIDE  APPLICATIONS  BY PERSONS WORKING UNDER THE
 DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICATOR SHALL BE  PROHIB
 ITED;
 C. WHEN PESTICIDES ARE TO BE APPLIED TO THE GROUNDS,  TURF,  TREES  OR
 SHRUBS,  VISUAL  NOTIFICATION MARKERS, AS PROVIDED IN SECTION 33-1003 OF
 THIS ARTICLE, SHALL BE POSTED AT LEAST EVERY FIFTY FEET  WITH  AT  LEAST
 ONE MARKER ON EACH SIDE OF THE  APPLICATION AREA;
 D.  APPLICATION  OF PESTICIDES SHALL BE DONE UTILIZING THE LEAST TOXIC
 SUBSTANCES THAT WOULD PROVE EFFECTIVE; AND
 E. A COPY OF THE PESTICIDE LABEL TO BE PROMINENTLY POSTED IN A  COMMON
 AREA OF ANY BUILDING WHICH IS TO RECEIVE THE PESTICIDE APPLICATION. SUCH
 NOTICE  AND  A  LEGIBLE COPY OF THE PESTICIDE PRODUCT LABEL SHALL REMAIN
 POSTED FOR AT LEAST FORTY-EIGHT HOURS FOLLOWING THE  PESTICIDE  APPLICA
 TION.  THE  NOTICE  SHALL  INCLUDE, AT A MINIMUM, THE NAME AND TELEPHONE
 NUMBER OF THE CONTACT PERSON WHO SHALL  PROVIDE DETAILED INFORMATION  ON
 THE  PESTICIDE APPLICATION. A COPY OF THE PESTICIDE LABEL  SHALL BE MADE
 AVAILABLE TO ANY PERSON REQUESTING SUCH LABEL WITHIN  TWENTY-FOUR  HOURS
 OF SUCH REQUEST.
 

S 33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED PEST MANAGEMENT PLAN.
 A  CHILD  DAY  CARE  CENTER,  HEAD START DAY CARE CENTER OR SCHOOL MAY
 PROPOSE AN INTEGRATED PEST MANAGEMENT PLAN, SEPARATE  FROM  THE  COMMIS
 SIONER'S  PLAN,  BASED  UPON  THE  UNIQUE  CIRCUMSTANCES OF THE DAY CARE
 CENTER OR SCHOOL. THE COMMISSIONER MAY APPROVE OR DENY  THE  APPLICATION
 BASED UPON AN ANALYSIS OF THE UNIQUE CIRCUMSTANCES COMPARED TO THE GOALS
 OF THE COMMISSIONER'S INTEGRATED PEST MANAGEMENT PLAN.  UPON APPROVAL OF
 SUCH APPLICATION BY THE  COMMISSIONER, THE DAY CARE CENTER OR SCHOOL MAY
 SUBSTITUTE  THE  COMMISSIONER'S  PLAN WITH THE APPROVED INDIVIDUAL INTE
 GRATED PESTICIDE MANAGEMENT PLAN IN COMPLIANCE WITH THIS TITLE.
 

S 2.

Section 390-a of the social services law is amended by  adding  a
 new subdivision 6 to read as follows:

 6.  ALL  PROVIDERS  OF  A  CHILD DAY CARE CENTER AS DEFINED IN SECTION
 THREE HUNDRED NINETY OF THIS TITLE, OR A  HEAD  START  DAY  CARE  CENTER
 FUNDED  PURSUANT  TO  TITLE V OF THE FEDERAL OPPORTUNITY ACT OF NINETEEN
 HUNDRED SIXTY-FOUR, AS AMENDED, ARE REQUIRED TO IMPLEMENT AN  INTEGRATED
 PEST MANAGEMENT PLAN WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMIS
 SIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE
 SEVENTEEN OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
 

S  3.    The education law is amended by adding a new section 409-l to
 read as follows:

 

S 409-L. INTEGRATED PEST MANAGEMENT REQUIREMENTS  FOR  SCHOOLS.    ALL
 SCHOOLS  ARE  REQUIRED  TO  IMPLEMENT AN INTEGRATED PEST MANAGEMENT PLAN
 WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMISSIONER OF THE  DEPART
 MENT  OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE SEVENTEEN OF ARTI
 CLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
 

S 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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