Bill Text: NJ S1143 | 2012-2013 | Regular Session | Amended
Bill Title: The "Safe Playing Fields Act"; restricts use of lawn care pesticides at child care centers and certain schools.*
Spectrum: Slight Partisan Bill (Democrat 19-8)
Status: (Introduced - Dead) 2012-12-17 - Reported from Senate Committee with Amendments, 2nd Reading [S1143 Detail]
Download: New_Jersey-2012-S1143-Amended.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
Co-Sponsored by:
Senators Beach, Cunningham, Allen, Bateman, Greenstein, T.Kean, Pennacchio, Vitale, Codey, Sarlo, Beck, Madden, Rice, Buono, Lesniak, O'Toole, Whelan, Gill, Singer, Stack, Holzapfel, Pou, Sacco and Scutari
SYNOPSIS
The "Safe Playing Fields Act"; restricts use of lawn care pesticides at child care centers and certain schools.
CURRENT VERSION OF TEXT
As reported by the Senate Environment and Energy Committee on December 17, 2012, with amendments.
An Act concerning the use of lawn care pesticides at child care centers and certain schools, 1[playgrounds and recreational fields,]1 and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Safe Playing Fields Act."
2. As used in this act:
"Charter school" means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.).
"Child care center" means a child care center licensed pursuant to the provisions of the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 et seq.).
1["Community association" means a condominium association, a homeowners' association, a cooperative association, or any other entity created to administer or manage the common elements and facilities of a real property development that, directly or through an authorized agent, enters into a contract for improvement of the real property.]1
"Lawn care pesticide" means any pesticide labeled, designed or intended for use on lawns, gardens, turf or ornamental plants.
"Low impact pesticide" means a low impact pesticide as defined pursuant to section 3 of P.L.2002, c.117 (C.13:1F-21).
"Pesticide" means a pesticide as defined pursuant to section 3 of P.L.2002, c.117 (C.13:1F-21) but shall not include a "low impact pesticide."
"Playground" means a playground as defined pursuant to section 1 of P.L.1999, c.50 (C.52:27D-123.9).
"Recreational field" means an athletic playing field.
"School" means any public school or private school as defined in N.J.S.18A:1-1.
3. a. No lawn care pesticide shall be applied on the grounds of any child care center, including a playground or recreational field located at the child care center, except that a lawn care pesticide may be applied as an emergency response to eliminate an immediate threat to human health. Such emergency shall be determined by the chief executive or owner, as appropriate, of the child care center.
b. No child enrolled at a child care center shall be permitted access to a pesticide treated area for at least seven hours after the application.
c. No later than one year after the effective date of this act, the Commissioner of Environmental Protection, in consultation with the Commissioner of Health 1[and Senior Services]1, shall adopt rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning pesticide application, record keeping, and staff and parental notification procedures at child care centers consistent with the goal of mitigating potential health risks to young children by reducing or eliminating the use of pesticides, and by first considering the use of low impact pesticides.
4. No lawn care pesticide shall be applied on the grounds of any school, including a playground or recreational field located at the school, which enrolls students in kindergarten or in any grade between grade one through eight, except that a lawn care pesticide may be applied as an emergency response to eliminate an immediate threat to human health. Such emergency shall be determined by the superintendent of the school district, the board of trustees of a charter school, or the principal or chief administrator of a private school, as applicable, in consultation with the local health officer, as appropriate.
1[5. No lawn care pesticide shall be applied on a playground, except that a lawn care pesticide may be applied as an emergency response to eliminate an immediate threat to human health. Such emergency shall be determined by the municipal or county governing body in consultation with the local health officer, as appropriate, or by the Commissioner of Environmental Protection, as applicable.
This section shall not apply to any playground on the grounds of a community association.]1
1[6.] 5.1 This act shall take effect on the first day of the 13th month following the date of enactment.
