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STATE OF NEW YORK
________________________________________________________________________

7638--A
Cal. No. 427

2011-2012 Regular Sessions

IN ASSEMBLY

May 11, 2011
___________

Introduced by M. of A. SWEENEY, LATIMER -- read once and referred to the
  Committee  on  Environmental  Conservation -- reported from committee,
  advanced to a third reading, amended and ordered reprinted,  retaining
  its place on the order of third reading

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  requiring lawn care companies to provide information to  the  property
  owner prior to any commercial lawn application

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 33-1001 of the environmental conservation  law,  as
added by chapter 559 of the laws of 1987, is amended to read as follows:
S 33-1001. Requirements and restrictions.
  1. Prior to any commercial lawn application the applicator shall enter
into  a  written  contract  with the owner of the property or his OR HER
agent specifying the approximate date or dates of application, number of
applications, and total cost for the service to be provided [and].
  2. PRIOR TO ANY  COMMERCIAL  LAWN  APPLICATION  THE  APPLICATOR  shall
supply  the property owner or his OR HER agent with a [written] copy [in
at least 12 point type] of:
  a. a list of substances to be applied including brand names and gener-
ic names of active ingredients;
  b. any warnings that appear on the label of pesticides to  be  applied
that  are pertinent to the protection of humans, animals or the environ-
ment; and
  c. the company name, address, telephone number, business  registration
number and applicator certification identification card number.
  SUCH  INFORMATION  SHALL  BE  SUPPLIED IN EITHER A WRITTEN, DIGITAL OR
ELECTRONIC FORMAT WHICH SHALL BE DETERMINED BY THE OWNER OR HIS  OR  HER
AGENT PROVIDED HOWEVER THAT THE APPLICATOR MUST ALSO HAVE A WRITTEN COPY
OF SUCH INFORMATION IN HIS OR HER POSSESSION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11566-03-1
A. 7638--A                          2

  [2]  3.   In the event that application on the date or dates specified
becomes infeasible, the person who is to provide such application  shall
give  the  owner  or  his  agent  oral or written notice of the proposed
alternate date or dates, and shall receive acceptance of such  alternate
date or dates from the owner or his agent prior to initiating commercial
lawn application.
  [3]  4.  Persons providing commercial lawn applications shall maintain
copies of all contracts required pursuant to  subdivision  one  of  this
section.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.