S T A T E   O F   N E W   Y O R K
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                                   640

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of  A.  WRIGHT, COLTON, JAFFEE, ROSENTHAL, KAVANAGH,
  PAULIN -- Multi-Sponsored by -- M. of  A.  BOYLAND,  PHEFFER,  REILLY,
  SCHIMEL,  TOWNS -- read once and referred to the Committee on Environ-
  mental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  creating  the state urban pesticide board and providing for the repeal
  of certain provisions upon expiration thereof

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

  Section 1. Article 33 of the environmental conservation law is amended
by adding a new title 17 to read as follows:
                                TITLE 17
                       STATE URBAN PESTICIDE BOARD
SECTION 33-1701. CREATION OF STATE URBAN PESTICIDE BOARD.
        33-1703. FUNCTIONS, POWERS, AND DUTIES.
        33-1705. RESPONSIBILITIES OF THE DEPARTMENT AND OTHER AGENCIES.
S 33-1701. CREATION OF STATE URBAN PESTICIDE BOARD.
  1.  THERE  IS  HEREBY  CREATED  WITHIN THE DEPARTMENT THE "STATE URBAN
PESTICIDE BOARD", REFERRED TO IN THIS TITLE AS  THE  BOARD.  SUCH  BOARD
SHALL  CONSIST  OF  TEN  MEMBERS, FOUR OF WHOM SHALL BE APPOINTED BY THE
GOVERNOR AND SHALL INCLUDE THE  COMMISSIONER  AND  THE  COMMISSIONER  OF
HEALTH,  THREE  OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE, AND THREE OF WHOM SHALL BE APPOINTED BY THE SPEAKER  OF  THE
ASSEMBLY.
  2. THE EIGHT AT LARGE MEMBERS OF THE BOARD SHOULD INCLUDE: A REPRESEN-
TATIVE OF AN ORGANIZATION WHOSE PRIME FUNCTION IS THE ENHANCEMENT OF THE
ENVIRONMENTAL  QUALITY  OF  THE STATE; AN INDIVIDUAL WHO BY PROFESSIONAL
TRAINING OR EXPERIENCE HAS EXPERTISE IN PUBLIC HEALTH MATTERS; AN  INDI-
VIDUAL  WHO BY PROFESSIONAL TRAINING OR EXPERIENCE HAS EXPERTISE IN PEST
MANAGEMENT TECHNIQUES; A REPRESENTATIVE FROM THE  PESTICIDE  APPLICATION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03074-01-1

A. 640                              2

INDUSTRY;  A  REPRESENTATIVE FROM AN ORGANIZATION CONCERNED WITH TENANTS
RIGHTS IN URBAN AREAS; AND A REPRESENTATIVE OF AN  ORGANIZATION  FOCUSED
ON ENVIRONMENTAL JUSTICE ISSUES.
  3.  THE  COMMISSIONER  AND THE COMMISSIONER OF HEALTH, OR THEIR DESIG-
NEES, SHALL SERVE AS THE CO-CHAIRS OF THE BOARD.
  4. THE MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  FOR  THEIR
SERVICES,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
S 33-1703. FUNCTIONS, POWERS, AND DUTIES.
  1. THE BOARD SHALL, AT A MINIMUM:
  A. EXAMINE PATTERNS OF PESTICIDE USE IN  URBAN  AREAS,  INCLUDING  THE
AMOUNT  OF PESTICIDES USED RELATIVE TO OTHER AREAS, THE PARTICULAR TYPES
OF PESTICIDES USED, THE TARGET PESTS BEING ADDRESSED, AND PESTICIDE  USE
IN PUBLIC OR ASSISTED HOUSING AND SCHOOLS;
  B.  RESEARCH  NON-TOXIC  AND  LEAST  TOXIC  ALTERNATIVE  MEANS OF PEST
MANAGEMENT IN URBAN AREAS, INCLUDING INVESTIGATING  PRIVATE  AND  PUBLIC
PILOT  PROJECTS  IN  NEW YORK STATE AND OTHER STATES WHOSE PURPOSE IS TO
IMPLEMENT PEST MANAGEMENT STRATEGIES  THAT  DO  NOT  RELY  ON  HAZARDOUS
PESTICIDES  BUT  INSTEAD  RELY  ON  PHYSICAL, MECHANICAL, AND BIOLOGICAL
CONTROL METHODS, WITH LEAST-TOXIC PESTICIDES AS A METHOD OF LAST RESORT;
AND
  C. SPECIFICALLY EXAMINE THE USE AND  SALE  OF  ILLEGAL  PESTICIDES  IN
URBAN AREAS.
  D.  THE  BOARD,  HOWEVER,  SHALL NOT MAKE RECOMMENDATIONS INCONSISTENT
WITH FDA APPROVED PRESCRIPTION  THERAPIES  WHICH  ALSO  HAPPEN  TO  HAVE
PESTICIDAL USES.
  2. THE BOARD SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGIS-
LATURE  REGARDING  ANY POLICY REFORMS AND ENFORCEMENT MEASURES NECESSARY
TO REDUCE THE RISK OF PESTICIDE USE IN URBAN AREAS AND ENCOURAGE USE  OF
NON-TOXIC  METHODS  OF PEST MANAGEMENT. THE BOARD SHALL ISSUE A PRELIMI-
NARY REPORT TO THE GOVERNOR AND THE LEGISLATURE NO  LATER  THAN  JANUARY
FIFTEENTH,  TWO THOUSAND TWELVE AND A FINAL REPORT NO LATER THAN JANUARY
FIFTEENTH, TWO THOUSAND THIRTEEN.
  3. THE BOARD SHALL UTILIZE RESOURCES OF THE DEPARTMENT, INCLUDING, BUT
NOT LIMITED TO, PESTICIDE REPORTING DATA FILED  UNDER  TITLE  TWELVE  OF
THIS ARTICLE.
  4.  FOR THE PURPOSES OF THIS TITLE, "URBAN AREAS" SHALL MEAN CITIES OR
TOWNS WITH A POPULATION DENSITY OF GREATER THAN ONE THOUSAND PERSONS PER
SQUARE MILE.
S 33-1705. RESPONSIBILITIES OF THE DEPARTMENT AND OTHER AGENCIES.
  THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL  PROVIDE  THE  BOARD
WITH  SUCH  FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE BOARD TO
CARRY OUT ITS POWERS AND DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE
STATE OR SUBDIVISIONS THEREOF SHALL, AT THE  REQUEST  OF  THE  CO-CHAIRS
PROVIDE  THE  BOARD  WITH  SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL
ENABLE THE BOARD TO CARRY OUT ITS POWER AND DUTIES.
  S 2. Paragraph b of subdivision 3 of section 33-0905 of  the  environ-
mental conservation law, as added by chapter 612 of the laws of 1983, is
amended to read as follows:
  b. An applicant for certification shall satisfy the commissioner as to
his OR HER knowledge and experience concerning the proper use and appli-
cation  of  pesticides  [and], pesticide application equipment, AND PEST
MANAGEMENT TECHNIQUES THAT DO NOT INVOLVE THE USE OF PESTICIDES, INCLUD-
ING BUT NOT LIMITED TO STRUCTURAL IMPROVEMENTS, MECHANICAL CONTROLS, AND
BIOLOGICAL CONTROLS, through examination prior to initial certification.

A. 640                              3

Recertification shall  be  by  training,  workbook,  or  examination  as
required by the commissioner.
  S  3.  This act shall take effect immediately; provided, however, that
section one of this act shall remain in  full  force  and  effect  until
April  1, 2013, when upon such date the provisions of such section shall
expire and be deemed repealed.