Provides for the phase-out on varying time schedules of state use of various categories of pesticides on state property; does not apply to certain antimicrobial pesticides; requires the department of environmental conservation to adopt a pest management plan for every state department, agency, and public benefit corporation; provides for waivers and exemptions.
TITLE OF BILL: An act to amend the environmental conservation law, in relation to the phase-out of state use of pesticides
PURPOSE: To implement a policy that will discontinue the use of pesticides by the state and adopt a pest control policy that substantially relies on nonchemical pest control policies.
SUMMARY OF PROVISIONS: This bill will create a three level phase-out of pesticide use by agencies of the State of New York. During the first phase of this bill, no agency in New York State will be allowed to apply any pesticide classified as a Toxicity Category I by the united States Environmental Protection Agency (USEPA) or any pesticide classified as a known, likely, or probable human carcinogen by the USEPA on or after January 1, 2013.
The second phase of this bill prohibits the use of any pesticide by state agencies identified as a Toxicity Category II pesticide, a possible human carcinogen, by the USEPA or any pesticide classified as restricted use by the USEPA or New York State Department of Environmental Conservation (NYSDEC) on or after January 1, 2014.
The third phase of this bill will prohibit the use of a pesticide by state agencies on or after January 1, 2015 however the following categories are exempted from these provisions:
1. Pesticides used to maintain safe drinking water;
3. pesticides contained in rodent control baits; or
4. Pesticides which the USEPA has classified as exempt materials.
This bill also requires the development of a comprehensive pest management plan by NYSDEC which will include methods to address pest population monitoring, a list of least toxic pesticides for use prior to January 1, 2013, and a list of non-chemical pest control strategies for use after this date.
The bill gives the state leeway to suspend the provisions of this bill in the event of a human emergency. In the event that the NYSDEC determines that the use of a pesticide is warranted for human health reasons, it may apply to the Commissioner of Health for a suspension of the pesticide plan. The Commissioner of Health may determine that the use of a pesticide is necessary if:
1. The pest situation poses an immediate threat to human health; and
2. Viable alternatives consistent with the comprehensive pest control plan do not exist.
As a condition of approval, the commissioner of Health is charged to require a commitment from NYSDEC that the underlying causes of the pest outbreak will be addressed in order to prevent future outbreaks.
In addition, the bill lists exemptions to the pesticide phase-out:
1. Pesticides use for agriculture research.
2. Rotenone and associated resins used for reclamation of water bodies.
JUSTIFICATION: Pesticides are toxic substances, many of which have adverse health effects. New York state agencies and authorities and their contractors use pesticides that are known to contaminate ground and surface water, cause reproductive or developmental defects, mutagenic effects, and are often toxic and/or carcinogenic to humans. The pesticides used pose hazards to the citizens of the State, to persons under State care, to State employees and to the environment by polluting streams, contaminating ground and surface water and by killing wildlife (due to spraying and uncontrolled runoff).
An approach to pest management that relies on a combination of biological, chemical, cultural and mechanical practices to manage populations by the State is both possible and desirable. A large segment of the agricultural community has been using such practices for years. Restriction of the use of pesticides by the State will not only mitigate the harmful environmental and health effects of these chemicals but may also produce possible cost savings due to the reduction of pesticide use.
LEGISLATIVE HISTORY: A.9107-A (1997-98) A.1136-A (1999-2000) A.483-A Passed Assembly (2003) A.5969-A Passed Assembly (2003-2004) A.1802B (2005-06) A.1142 (2007-2008) 2009-10: S.4043A (Squadron) - Environmental Conservation, A.5848B (Kavanagh) - Passed Assembly
FISCAL IMPLICATIONS: Possible cost savings to the state from decreased use.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 42 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sens. SQUADRON, HASSELL-THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Environ- mental Conservation AN ACT to amend the environmental conservation law, in relation to the phase-out of state use of pesticides THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The legislature finds and declares that pesticides are linked to a number of acute and chronic health prob- lems and that it is therefore the policy of the state to phase-out pesticide use by the government for many pest control purposes and to adopt a pest control policy that substantially relies on non-chemical pest control strategies. S 2. Article 33 of the environmental conservation law is amended by adding a new title 8 to read as follows: TITLE 8 PHASE-OUT OF STATE USE OF PESTICIDES SECTION 33-0801. DEFINITIONS. 33-0803. PHASE-OUT OF STATE USE OF PESTICIDES. S 33-0801. DEFINITIONS. AS USED IN THIS TITLE: 1. "ANTIMICROBIAL PESTICIDE" MEANS A PESTICIDE THAT: (A) IS INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS; (B) IS INTENDED TO PROTECT INANIMATE OBJECTS, INDUSTRIAL PROCESSES OR SYSTEMS, SURFACES, WATER, OR OTHER CHEMICAL SUBSTANCES FROM CONTAMINATION, FOULING, OR DETERIORATION CAUSED BY BACTERIA, VIRUSES, FUNGI, PROTOZOA, ALGAE, OR SLIME; OR (C) IN THE INTENDED USE IS EXEMPT FROM, OR OTHERWISE NOT SUBJECT TO, A TOLERANCE UNDER APPROPRIATE PROVISIONS OF FEDERAL LAW.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00039-01-1 S. 42 2
2. "ANTIMICROBIAL PESTICIDE" DOES NOT INCLUDE: (A) A WOOD PRESERVATIVE OR ANTIFOULING PAINT PRODUCT FOR WHICH A CLAIM OF PESTICIDAL ACTIVITY IS MADE; (B) AN AGRICULTURAL FUNGICIDE PRODUCT; OR (C) AN AQUATIC HERBICIDE PRODUCT. S 33-0803. PHASE-OUT OF STATE USE OF PESTICIDES. 1. EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, NO STATE DEPART- MENT, AGENCY, OR PUBLIC BENEFIT CORPORATION OR ANY PESTICIDE APPLICATOR EMPLOYED THEREBY AS A CONTRACTOR OR SUBCONTRACTOR FOR PEST CONTROL PURPOSES, SHALL APPLY ON STATE PROPERTY ANY PESTICIDE CLASSIFIED AS TOXICITY CATEGORY I BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN- CY, OR ANY PESTICIDE CLASSIFIED AS A KNOWN, LIKELY, OR PROBABLE HUMAN CARCINOGEN BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION. 2. EFFECTIVE JANUARY FIRST, TWO THOUSAND FOURTEEN, NO STATE DEPART- MENT, AGENCY, OR PUBLIC BENEFIT CORPORATION, OR ANY PESTICIDE APPLICATOR EMPLOYED THEREBY AS A CONTRACTOR OR SUBCONTRACTOR FOR PEST CONTROL PURPOSES, SHALL APPLY ON STATE PROPERTY ANY PESTICIDE CLASSIFIED AS TOXICITY CATEGORY II BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN- CY, ANY PESTICIDE CLASSIFIED AS A POSSIBLE HUMAN CARCINOGEN BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, OR ANY PESTICIDE CLASSI- FIED AS RESTRICTED USE BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR THE DEPARTMENT, EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION. 3. EFFECTIVE JANUARY FIRST, TWO THOUSAND FIFTEEN, NO STATE DEPARTMENT, AGENCY, OR PUBLIC BENEFIT CORPORATION OR ANY PESTICIDE APPLICATOR EMPLOYED THEREBY AS A CONTRACTOR OR SUBCONTRACTOR FOR PEST CONTROL PURPOSES SHALL APPLY ANY PESTICIDE ON STATE PROPERTY, EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION. 4. THE PROVISIONS OF SUBDIVISIONS ONE, TWO, AND THREE OF THIS SECTION SHALL NOT APPLY TO THE FOLLOWING: (A) PESTICIDES OTHERWISE LAWFULLY USED FOR THE PURPOSE OF MAINTAINING A SAFE DRINKING WATER SUPPLY AT DRINKING WATER TREATMENT PLANTS, WASTE- WATER TREATMENT PLANTS, RESERVOIRS, AND RELATED COLLECTION, DISTRIB- UTION, AND TREATMENT FACILITIES; (B) ANTIMICROBIAL PESTICIDES; (C) PESTICIDES IN CONTAINED BAITS FOR THE PURPOSES OF RODENT CONTROL; AND (D) PESTICIDES CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS EXEMPT MATERIALS UNDER 40 CFR 152.25. 5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, THE DEPARTMENT SHALL ADOPT A PEST MANAGEMENT PLAN FOR EVERY STATE DEPARTMENT, AGENCY, AND PUBLIC BENEFIT CORPORATION. SUCH PLAN SHALL TAKE EFFECT ON JANUARY FIRST, TWO THOUSAND THIRTEEN AND SHALL BE CONSISTENT WITH THE PROVISIONS OF THIS TITLE. SUCH PLAN SHALL ADDRESS PEST POPULATION MONITORING, LEAST-TOXIC PESTICIDES FOR USE PRIOR TO JANUARY FIRST, TWO THOUSAND FIFTEEN, AND NON-CHEMICAL PEST CONTROL STRATEGIES FOR USE AFTER SUCH DATE, WHICH WILL EFFECTIVELY MANAGE PEST PROBLEMS IN A COMPREHENSIVE MANNER. 6. SHOULD ANY STATE DEPARTMENT, AGENCY, OR PUBLIC BENEFIT CORPORATION DETERMINE THAT A HUMAN HEALTH EMERGENCY WARRANTS THE USE OF A PESTICIDE THAT WOULD OTHERWISE NOT BE ALLOWED UNDER THIS TITLE, IT MAY APPLY FOR A SINGLE-USE WAIVER FROM THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF HEALTH SHALL DETERMINE IF SUCH A WAIVER IS WARRANTED BASED ON THE FOLLOWING CRITERIA: (A) THE PEST SITUATION POSES AN IMMEDIATE THREAT TO HUMAN HEALTH; ANDS. 42 3
(B) VIABLE ALTERNATIVES DO NOT EXIST (SUCH A DETERMINATION SHALL BE MADE IN CONSULTATION WITH THE CORNELL COOPERATIVE EXTENSION SERVICE INTEGRATED PEST MANAGEMENT PROGRAM). AS A CONDITION OF APPROVAL, THE DEPARTMENT OF HEALTH SHALL REQUIRE A COMMITMENT FROM EVERY STATE DEPARTMENT, AGENCY, AND PUBLIC BENEFIT CORPORATION THAT THE UNDERLYING CAUSES OF THE PEST OUTBREAK WILL BE ADDRESSED IN ORDER TO PREVENT FUTURE OUTBREAKS. 7. THE FOLLOWING ACTIVITIES SHALL BE EXEMPT FROM THE PROVISIONS OF THIS TITLE: (A) PESTICIDES USED FOR AGRICULTURAL RESEARCH PURPOSES AT THE STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT ALFRED, THE STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT CANTON, THE STATE UNIVERSITY COLLEGE OF AGRICULTURE AT COBLESKILL, THE STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT DELHI, THE STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT FARMINGDALE, THE STATE UNIVER- SITY COLLEGE OF AGRICULTURE AT MORRISVILLE, THE STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT UTICA/ROME, AND THE NEW YORK STATE STATUTORY COLLEGES AT CORNELL, INCLUDING THE AGRICULTURAL EXPERIMENT STATION AT GENEVA AND ITS FIELD OFFICES. (B) THE USE OF ROTENONE AND ASSOCIATED RESINS AS A PISCICIDE FOR PURPOSES DIRECTLY RELATED TO THE RECLAMATION OF FRESHWATER WATER BODIES TO PREPARE FOR THE REINTRODUCTION OF NATIVE SPECIES. WATER TREATED WITH ROTENONE SHALL NOT BE USED AS POTABLE WATER OR FOR IRRIGATION OF CROPS. S 3. This act shall take effect immediately.