This bill has been amended

Bill S5531A-2009

Requires notices relating to lawn pesticides to be printed in the Spanish language in areas of the state with a significant number of Spanish speaking residents

Requires the written notices, signs and markers required for pesticides for commercial and residential lawn application to be printed in the Spanish language in areas of the state with a significant number of Spanish speaking residents.

Details

Actions

  • Jun 7, 2010: referred to environmental conservation
  • Jun 7, 2010: DELIVERED TO ASSEMBLY
  • Jun 7, 2010: PASSED SENATE
  • May 3, 2010: ADVANCED TO THIRD READING
  • Apr 28, 2010: 2ND REPORT CAL.
  • Apr 27, 2010: 1ST REPORT CAL.442
  • Apr 20, 2010: REPORTED AND COMMITTED TO FINANCE
  • Mar 9, 2010: REPORTED AND COMMITTED TO CODES
  • Jan 6, 2010: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Jun 2, 2009: PRINT NUMBER 5531A
  • Jun 2, 2009: AMEND AND RECOMMIT TO CODES
  • May 26, 2009: REPORTED AND COMMITTED TO CODES
  • May 14, 2009: REFERRED TO ENVIRONMENTAL CONSERVATION

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Mar 9, 2010
Ayes (10): Thompson, Oppenheimer, Schneiderman, Parker, Serrano, Stewart-Cousins, Foley, Marcellino, Leibell, Padavan
Ayes W/R (3): Perkins, Johnson O, Young
Nays (1): Little
VOTE: COMMITTEE VOTE: - Codes - Apr 20, 2010
Ayes (9): Schneiderman, Breslin, Duane, Parker, Huntley, Sampson, Klein, Perkins, Squadron
Ayes W/R (4): Volker, Saland, Bonacic, Golden
Nays (3): DeFrancisco, Lanza, Flanagan

Memo

 BILL NUMBER:  S5531A

TITLE OF BILL : An act to amend the environmental conservation law, in relation to requiring certain signs and notices relating to pesticides for commercial or residential lawn application to be printed in the Spanish language in areas with a significant number of Spanish speaking residents

PURPOSE : The purpose of the bill is to ensure that in areas of the State with significant numbers of Spanish speaking residents as determined by the Commissioner, lawn pesticide application signs are printed in Spanish.

SUMMARY OF PROVISIONS : The bill requires that signs for retail establishments selling general use pesticides be printed in both English and Spanish in areas with significant numbers of Spanish speaking residents. Furthermore, the written notice and the markers required to notify the public of pesticide applications also be printed in both languages where there are significant numbers of Spanish speaking residents as determined by the Commissioner.

JUSTIFICATION : In areas with significant numbers of Spanish speaking residents as determined by the Commissioner, it is important that warning notices and lawn markers be printed in English and Spanish to ensure that Spanish speaking persons are fully aware of such pesticide applications and other warnings or limitations imposed by these applications.

LEGISLATIVE HISTORY : New Bill.

FISCAL IMPACT ON THE STATE : None.

EFFECTIVE DATE : This act would take effect 120 days after it shall become law.

Text

STATE OF NEW YORK ________________________________________________________________________ 5531--A 2009-2010 Regular Sessions IN SENATE May 14, 2009 ___________
Introduced by Sens. FOLEY, THOMPSON -- 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 Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to requiring certain signs and notices relating to pesticides for commer- cial or residential lawn application to be printed in the Spanish language in areas with a significant number of Spanish speaking resi- dents THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph a 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: a. All retail establishments that sell general use pesticides for commercial or residential lawn application shall display a sign meeting standards, established by the commissioner pursuant to subdivision one of section 33-1005 of this article, in a conspicuous place, and such sign shall be placed as close as possible to the place where such pesti- cides are displayed. SUCH STANDARDS OF THE COMMISSIONER SHALL PROVIDE THAT IN AREAS OF THE STATE WITH A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS, THE SIGNS REQUIRED BY THIS PARAGRAPH SHALL BE PRINTED IN BOTH THE ENGLISH AND SPANISH LANGUAGES. THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS REGARDING WHAT CONSTITUTES A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS. S 2. 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 occupants of all dwellings, as defined in paragraph d of subdivision 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 position of authority for all other types of premises, as defined in paragraph 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. THE WRITTEN NOTICE REQUIRED BY THIS PARAGRAPH SHALL BE PRINTED IN BOTH THE ENGLISH AND SPANISH LANGUAGES IN AREAS OF THE STATE WITH A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS. THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS REGARDING WHAT CONSTITUTES A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS. Owners or owners' agents of multiple family dwell- ings shall supply such written notice to the occupants of such multiple family dwellings and for all other types of premises, owners, owners' agents or other persons in a position of authority shall post such writ- ten notice in a manner specified by the commissioner. S 3. Subparagraph (i) of paragraph c 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) All persons performing residential lawn applications treating an area more than one hundred square feet shall affix markers to be placed within or along the perimeter of the area where pesticides will be applied. Markers are to be placed so as to be clearly visible to persons immediately outside the perimeter of such property. Such markers shall be posted at least twelve inches above the ground and shall be at least four inches by five inches in size. FURTHERMORE, SUCH MARKERS SHALL BE PRINTED IN BOTH THE ENGLISH AND SPANISH LANGUAGES IN AREAS OF THE STATE WITH A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS. THE COMMIS- SIONER SHALL ESTABLISH RULES AND REGULATIONS REGARDING WHAT CONSTITUTES A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS. S 4. The opening paragraph of subdivision 1 of section 33-1005 of the environmental conservation law, as added by chapter 285 of the laws of 2000, is amended to read as follows: The commissioner shall promulgate rules and regulations establishing uniform standards for a consumer pesticide use information sign which shall be placed in retail establishments that sell general use pesti- cides for commercial or residential lawn application. SUCH UNIFORM STAN- DARDS SHALL REQUIRE THAT SIGNS IN AREAS OF THE STATE WITH A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS BE PRINTED IN BOTH THE ENGLISH AND SPANISH LANGUAGES. THE COMMISSIONER SHALL ESTABLISH RULES AND REGU- LATIONS REGARDING WHAT CONSTITUTES A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS. This sign shall contain the following information: S 5. Subdivision 2 of section 33-1005 of the environmental conserva- tion law, as added by chapter 285 of the laws of 2000, is amended to read as follows: 2. The commissioner shall prepare and publish, in consultation with the commissioner of health, educational materials, IN BOTH THE ENGLISH AND SPANISH LANGUAGES, explaining the requirements of paragraphs b and c of subdivision one of section 33-1004 of this article and section three hundred ninety-c of the social services law and the human and environ- mental health effects of lawn care pesticides. S 6. Subdivision 3 of section 33-1005 of the environmental conserva- tion law, as added by chapter 285 of the laws of 2000, is amended by adding a new paragraph c to read as follows:
C. THE WRITTEN NOTICE REQUIRED BY PARAGRAPH B OF SUBDIVISION ONE OF SECTION 33-1004 OF THIS ARTICLE SHALL, IN AREAS OF THE STATE WITH A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS, BE PRINTED IN BOTH THE ENGLISH AND SPANISH LANGUAGES. THE COMMISSIONER SHALL ESTABLISH RULES AND REGULATIONS REGARDING WHAT CONSTITUTES A SIGNIFICANT NUMBER OF SPAN- ISH SPEAKING RESIDENTS. S 7. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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