Prohibits the use of certain toxic chemicals for lawn and grounds maintenance at schools and day care centers.
Ayes (9): Thompson, Oppenheimer, Schneiderman, Parker, Serrano, Perkins, Stewart-Cousins, Foley, Padavan
Ayes W/R (3): Marcellino, Leibell, Johnson O
Nays (2): Little, Young
BILL NUMBER: S4983A
TITLE OF BILL : An act to amend the environmental conservation law and the education law, in relation to the use and guidance of pesticide alternatives
PURPOSE OR GENERAL IDEA OF BILL : The purpose of this bill is to minimize the harmful effects of pesticides on children by limiting the use of aesthetic pesticides in sensitive areas such as schools and day cares and developing pesticide alternatives.
SUMMARY OF SPECIFIC PROVISIONS : This bill amends Section 33-0303 of the Environmental Conservation Law by adding a new section directing the Commissioner of the Department of Environmental Conservation and the Department of Health to develop guidelines on pesticide alternatives to facilitate compliance with the Education Law.
The bill defines various terms as used in this section, and designates certain products that are not to be construed as pesticides as defined in Section 33-0101 of the Environmental Conservation Law.
JUSTIFICATION : When deciding how to regulate the use of toxic substances, the risks of that use are weighed against its benefits. Using highly toxic or otherwise hazardous pesticides for the purely aesthetic purpose of lawn care has no public health or environmental benefit and can (and frequently does) cause great harm to children and the environment.
This bill directs the Commissioners of the Department of Environmental Conservation and the Department of Health to develop guidance on pesticide alternatives.
PRIOR LEGISLATIVE HISTORY : 2001-02: A.5565 Referred to Environmental Conservation 2003-04: A.4105 Referred to Environmental Conservation 2005-06: A.2460 Referred to Environmental Conservation 2007-08: A.6045 Referred to Environmental Conservation
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become law; provided, that section two of this act shall take effect one year after it shall have become law. Effective immediately the Department of Education and the Department of Environmental Conservation may promulgate and rule or regulation necessary for the timely implementation of this act on its effective date.
STATE OF NEW YORK ________________________________________________________________________ 4983--A 2009-2010 Regular Sessions IN SENATE April 27, 2009 ___________Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee and committed to the Commit- tee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law and the education law, in relation to the use and guidance of pesticide alternatives THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 33-0303 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows: 7. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA- TION AND THE COMMISSIONER OF HEALTH, SHALL DEVELOP GUIDANCE ON PESTICIDE ALTERNATIVES TO FACILITATE COMPLIANCE WITH SECTION FOUR HUNDRED NINE-K OF THE EDUCATION LAW. S 2. The education law is amended by adding a new section 409-k to read as follows: S 409-K. PESTICIDE ALTERNATIVES. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW: (A) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PARO- CHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. (B) "DAY CARE" SHALL APPLY TO ALL CHILD DAY CARE CENTERS OR HEAD START DAY CARE CENTERS, AS DEFINED IN SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW. (C) "PESTICIDE" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVI- SION THIRTY-FIVE OF SECTION 33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW, PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE: (I) THE APPLICATION OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q (H) (2);EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07103-09-9 S. 4983--A 2
(II) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAIN- ERS OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING VENOMOUS SPIDERS, BEES, WASPS AND HORNETS. THIS SECTION SHALL NOT EXEMPT FROM NOTIFICATION THE USE OF ANY FOGGER PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA; (III) THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESISTANT CONTAINER; (IV) THE APPLICATION OF A PESTICIDE CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART 152.25; (V) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR (VI) THE USE OF HORTICULTURAL SOAP AND OILS THAT DO NOT CONTAIN SYNTHETIC PESTICIDES OR SYNERGISTS. 2. NO SCHOOL OR DAY CARE SHALL APPLY PESTICIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS OR SURROUNDING GROUNDS, EXCEPT THAT AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT, THE COMMISSIONER OF HEALTH, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, OR, IN THE CASE OF A PUBLIC SCHOOL, THE SCHOOL BOARD. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, that section two of this act shall take effect one year after it shall have become a law. Effective imme- diately the department of education and the department of environmental conservation may promulgate any rule or regulation necessary for the timely implementation of this act on its effective date.