S252-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 5, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S252-2011 Memo

BILL NUMBER:S252

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the
application of pesticides

PURPOSE:
This bill allows non-owners of commercial property to use minor
amounts of pesticides without obtaining certification.

SUMMARY OF PROVISIONS:
Amends subdivision 11 of section 33-0101 of the environmental
conservation law, as added by Chapter 612 of the laws of 1983, to
exclude the aerial application of less than sixteen ounces of
pesticide from the definition of "commercial application".

JUSTIFICATION:
This bill seeks to redefine the phrase "commercial application" to
exclude the minor use of common pesticides. Under current law and
strict interpretation of Department of Environmental Conservation
(DEC) regulations, the use of common pesticides by anyone other than
the owner of a non-residential property is deemed commercial
application. For example. an employee could not sporadically use a
common, readily available can of pesticide at work to ward off such
dangers as bee or wasp nests unless that employee first receives
training and completes a certification process through the DEC.
Certification fees can total hundreds of dollars. The employee must
spend considerable time and money to become a certified applicator,
simply to use a can of pesticide at work that he or she is allowed to
use without certification at home. This amendment remedies this
problem and allows for the application of a minor amount of pesticide
without certification.

LEGISLATIVE HISTORY:
S.2535 of 2009/2010; Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S252-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          252
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by  Sen. MAZIARZ -- 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  the
 application of pesticides
 

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

 

Section 1. Subdivision 11 of  section  33-0101  of  the  environmental
 conservation  law,  as  added  by  chapter  612  of the laws of 1983, is
 amended to read as follows:

 11. "Commercial application" means any application  of  any  pesticide
 except  as  defined in private or residential application of pesticides.
 "COMMERCIAL APPLICATION" SHALL NOT INCLUDE  THE  AERIAL  APPLICATION  OF
 LESS THAN SIXTEEN OUNCES OF PESTICIDE.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01597-01-1

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