Bill S4983C-2009

Prohibits the use of certain toxic chemicals for lawn and grounds maintenance

Prohibits the use of certain toxic chemicals for lawn and grounds maintenance at schools and day care centers.

Details

Actions

  • May 18, 2010: SIGNED CHAP.85
  • May 10, 2010: DELIVERED TO GOVERNOR
  • May 4, 2010: returned to senate
  • May 4, 2010: passed assembly
  • May 4, 2010: ordered to third reading cal.537
  • May 4, 2010: substituted for a7937c
  • Apr 21, 2010: referred to environmental conservation
  • Apr 20, 2010: DELIVERED TO ASSEMBLY
  • Apr 20, 2010: PASSED SENATE
  • Apr 20, 2010: MOTION TO AMEND LOST
  • Apr 12, 2010: ADVANCED TO THIRD READING
  • Apr 8, 2010: 2ND REPORT CAL.
  • Apr 7, 2010: 1ST REPORT CAL.330
  • Mar 29, 2010: PRINT NUMBER 4983C
  • Mar 29, 2010: AMEND AND RECOMMIT TO CODES
  • Mar 25, 2010: PRINT NUMBER 4983B
  • Mar 25, 2010: AMEND (T) AND RECOMMIT TO CODES
  • Mar 25, 2010: REPORTED AND COMMITTED TO CODES
  • Jan 6, 2010: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jun 15, 2009: PRINT NUMBER 4983A
  • Jun 15, 2009: AMEND (T) AND RECOMMIT TO CODES
  • Jun 2, 2009: REPORTED AND COMMITTED TO CODES
  • Apr 27, 2009: REFERRED TO ENVIRONMENTAL CONSERVATION

Votes

VOTE: COMMITTEE VOTE: - Codes - Apr 7, 2010
Ayes (8): Schneiderman, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron
Ayes W/R (2): Breslin, Saland
Nays (6): Volker, DeFrancisco, Bonacic, Golden, Lanza, Flanagan

Memo

BILL NUMBER:S4983C

TITLE OF BILL: An act to amend the environmental conservation law, the education law and the social services law, in relation to the use and guidance of pesticide alternatives

PURPOSE OR GENERAL IDEA: 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 PROVISIONS: Section 1 amends the environmental conservation law to allow for the Commissioner of DEC in connection with the Commissioner of DOH to develop guidance on pesticide alternatives. Section 2 amends the education law to limit the use of pesticides on school grounds. Section 3 amends the social services law to limit the use of pesticides at day cares. Section 4 states that violations of Section 390-g shall not be punishable by a misdemeanor. Section 5 is the effective date.

JUSTIFICATION: The use of pesticides has a detrimental effect on all individuals, especially children. By prohibiting the use of pesticides on school grounds as well as day care centers we are protecting our children during the time they are most at risk of being negatively affected by the harmful side effects caused by exposure to pesticides.

A well maintained ground should have no need for the routine use of pesticides, however this legislation does include provisions to allow for the emergency application of pesticides should it be necessary.

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 Conser vation may promulgate any rule or regulation necessary for the timely implementation of this act on its effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 4983--C 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 -- recommitted to the Committee on Environmental Conservation in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee and committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, the education law and the social services 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 AND THREE HUNDRED NINETY-G OF THE SOCIAL SERVICES 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) "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); (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; (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 SHALL APPLY PESTICIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, EXCEPT THAT AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUN- TY NOT HAVING A HEALTH DEPARTMENT SUCH AUTHORITY AS THE COUNTY LEGISLA- TURE SHALL DESIGNATE, THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE, OR, IN THE CASE OF A PUBLIC SCHOOL, THE SCHOOL BOARD. S 3. The social services law is amended by adding a new section 390-g to read as follows: S 390-G. PESTICIDE ALTERNATIVES. 1. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW: (A) "DAY CARE" SHALL APPLY TO ALL CHILD DAY CARE CENTERS OR HEAD START DAY CARE CENTERS, AS DEFINED IN SECTION THREE HUNDRED NINETY OF THIS TITLE. (B) "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 136Q(H)(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; (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 DAY CARE SHALL APPLY PESTICIDE TO ANY PLAYGROUNDS, TURF, ATHLET- IC OR PLAYING FIELDS, EXCEPT THAT AN EMERGENCY APPLICATION OF A PESTI- CIDE MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH DEPARTMENT SUCH AUTHORITY AS THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE, OR, IN THE CASE OF A PUBLIC SCHOOL, THE SCHOOL BOARD.
S 4. Subdivision 1 of section 389 of the social services law, as amended by chapter 555 of the laws of 1978, is amended to read as follows: 1. Except as hereinafter provided, any person, corporation, agency, society, institution or other organization, wilfully violating this title, OTHER THAN SECTION THREE HUNDRED NINETY-G OF THIS TITLE, or fail- ing to comply with any order which the department is authorized under this title to make, shall be guilty of a misdemeanor. S 5. 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.

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