Requires owner of a multiple dwelling to supply all occupants with a copy of the information and warnings contained on the label of a pesticide at least 48 hours before application of such pesticide; requires such information be posted in a conspicuous location in the dwelling; provides an exception for emergency applications; makes provisions relating to electronic transmittal of certain commercial lawn pesticide label warnings to dwelling owners.
BILL NUMBER: S1901
TITLE OF BILL : An act to amend the environmental conservation law, in relation to notification to occupants of multiple family dwellings of pending commercial application of pesticide
PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to ensure that occupants of a multiple family dwelling shall be properly notified prior to the commercial lawn application of a pesticide. Currently, the law requires notification for abutting properties but is silent on required notification for occupants of the property itself.
SUMMARY OF SPECIFIC PROVISIONS : Section 1 of this bill amends subparagraph (i) of paragraph (b) of subdivision 1 of section 33-1004 of the environmental conservation law, adding language that requires written and posted notice to the occupants of a multiple family dwelling at least 48 hours prior to any commercial lawn application of a pesticide. Section 2 adds the premises receiving the application to the list of those properties that must receive such notification.
JUSTIFICATION : The state's pesticide notification law allowed for counties to opt-in to the provisions requiring notification to abutting property owners', however the law was silent regarding notification for the occupants of the subject property. Multiple family dwellings include tenants who may not know the property owners plans to have a pesticide application,; extending the notice provisions ensures that all potentially affected by the application of pesticides are aware of the pending application.
PRIOR LEGISLATIVE HISTORY : 2005-06: A.7444 (Latimer) Passed Assembly 2008 - S.5330 - Referred to Environmental Conservation
FISCAL IMPLICATIONS : None to the state or local governments.
EFFECTIVE DATE : This act shall take effect 180 days after adoption.
STATE OF NEW YORK ________________________________________________________________________ 1901 2009-2010 Regular Sessions IN SENATE February 9, 2009 ___________Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to notification to occupants of multiple family dwellings of pending commercial application of pesticide THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraph (i) of paragraph b of subdivision 1 of section 33-1004 of the environmental conservation law, as added by chapter 285 of the laws of 2000, is amended to read as follows: (i) At least forty-eight hours prior to any commercial lawn applica- tion of a pesticide, the person or business making such application shall supply written notice, as defined in subdivision three of section 33-1005 of this article
[,]to: A. occupants of all dwellings, as defined in paragraph d of subdivi- sion five of section 33-0905 of this article, on abutting property with a boundary that is within one hundred fifty feet of the site of such application; and to owners, owners' agents, or other persons in a posi- tion of authority for all other types of premises, as defined in para- graph d of subdivision five of section 33-0905 of this article, that are on abutting property with a boundary that is within one hundred fifty feet of the site of such application. Owners or owners' agents of multiple family dwellings shall supply such written notice to the occu- pants of such multiple family dwellings and for all other types of prem- ises, owners, owners' agents or other persons in a position of authority shall post such written notice in a manner specified by the commission- er [.]; AND B. OWNERS, OWNERS' AGENTS OR OTHER PERSONS IN POSITIONS OF AUTHORITY FOR MULTIPLE FAMILY DWELLINGS, THE PROPERTY OF WHICH IS THE SITE OF SUCH APPLICATION. OWNERS, OR OWNERS' AGENTS OF MULTIPLE FAMILY DWELLINGSEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05269-01-9 S. 1901 2
SHALL SUPPLY SUCH WRITTEN NOTICE TO THE OCCUPANTS OF SUCH MULTIPLE FAMI- LY DWELLINGS IN A MANNER SPECIFIED BY THE COMMISSIONER. S 2. Subparagraph (v) of paragraph a of subdivision 3 and subdivision 4 of section 33-1005 of the environmental conservation law, as added by chapter 285 of the laws of 2000, are amended to read as follows: (v) a prominent statement that reads: "This notice is to inform you of a pending pesticide application to: 1. A neighboring property; OR 2. THIS PREMISE. You may wish to take precautions to minimize pesticide exposure to yourself, family members, pets or family possessions. Further information about the product or products being applied, includ- ing any warnings that appear on the labels of such pesticide or pesti- cides that are pertinent to the protection of humans, animals or the environment, can be obtained by calling the National Pesticides Telecom- munications Network at 1-800-858-7378 or the New York State Department of Health Center for Environmental Health Info line at 1-800-458-1158". 4. The commissioner shall promulgate rules and regulations specifying: the manner in which persons providing commercial lawn application shall supply written notice as required under paragraph b of subdivision one of section 33-1004 of this article including, but not limited to, mail- ing, or leaving with a responsible adult or in a conspicuous location on the PREMISES OR abutting property; the manner in which the owner or owner's agent of multiple family dwellings covered under paragraph b of subdivision one of section 33-1004 of this article shall supply such written notice to the occupants of such multiple family dwellings; and for all other premises covered under paragraph b of subdivision one of section 33-1004 of this article, the manner in which the owner, owner's agent or other person in a position of authority shall supply such writ- ten notice. Such rules and regulations shall specify a manner in which persons providing commercial lawn applications may provide an option to occupants of dwellings to decline further notices. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law provided, however, that the provisions of this act shall not be construed to require that any local law enacted prior to the effective date of this act be reenacted or amended in order to conform to the requirements set forth in this act. Effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made on or before such effective date.