Bill Text: NY A01883 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires non-toxic pest management and fertilization of municipal park lands and lands within the custody and control of the office of parks, recreation and historic preservation; creates a state pest management committee; requires such office and municipalities to develop pest management plans.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2016-01-06 - referred to environmental conservation [A01883 Detail]

Download: New_York-2015-A01883-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1883
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2015
                                      ___________
       Introduced  by  M.  of  A. ENGLEBRIGHT, RIVERA, TITUS, GALEF, SCHIMEL --
         Multi-Sponsored by -- M.  of A. COLTON, GOTTFRIED, PERRY -- read  once
         and referred to the Committee on Environmental Conservation
       AN  ACT to amend the parks, recreation and historic preservation law and
         the general municipal law, in relation to  non-toxic  pest  management
         and fertilization of park lands
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative findings. The legislature hereby finds that the
    2  use of pesticides and chemical  fertilizers  is  incompatible  with  the
    3  protection  of  natural  resources and pollution prevention. In order to
    4  protect public health and avoid contamination of  the  environment,  the
    5  legislature has determined that all park lands which are owned or leased
    6  by  the office of parks, recreation and historic preservation or a muni-
    7  cipality, shall be managed in a manner which avoids  the  use  of  toxic
    8  materials  and  encourages  the use of natural materials and techniques.
    9  All government agencies shall be required  to  utilize  an  approach  to
   10  natural resource management which embodies these concepts.
   11    S 2. The parks, recreation and historic preservation law is amended by
   12  adding a new section 13.12 to read as follows:
   13    S  13.12  NON-TOXIC PEST MANAGEMENT AND FERTILIZATION. 1. NO PESTICIDE
   14  OR CHEMICAL FERTILIZER SHALL BE APPLIED  TO  ANY  STATE  PARK,  PARKWAY,
   15  RECREATION  FACILITY  OR  HISTORIC SITE UNDER THE CUSTODY AND CONTROL OF
   16  THE OFFICE.
   17    2. TO ASSIST THE OFFICE IN MEETING THE REQUIREMENTS  OF  THIS  SECTION
   18  AND  MUNICIPALITIES IN MEETING THE REQUIREMENTS OF SECTION NINETY-NINE-X
   19  OF THE GENERAL MUNICIPAL LAW, A STATE PEST MANAGEMENT COMMITTEE SHALL BE
   20  CREATED AND APPOINTED WITHIN NINETY DAYS OF THE EFFECTIVE DATE  OF  THIS
   21  SECTION,  TO DEVELOP PROCEDURES, METHODS AND OTHER INFORMATION WHICH MAY
   22  BE USED TO ACCOMPLISH PEST MANAGEMENT ON  PUBLIC  LANDS.  THE  COMMITTEE
   23  SHALL  CONSIST  OF  A  REPRESENTATIVE OF THE DEPARTMENT OF ENVIRONMENTAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05859-01-5
       A. 1883                             2
    1  CONSERVATION, THE OFFICE, THE ADIRONDACK  PARK  AGENCY,  THE  OFFICE  OF
    2  GENERAL SERVICES, THE DEPARTMENT OF HEALTH, AND SIX MEMBERS APPOINTED BY
    3  THE  GOVERNOR; TWO EACH UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
    4  BLY  AND  THE  TEMPORARY  PRESIDENT  OF  THE SENATE. ALL PERSONS WHO ARE
    5  APPOINTED SHALL HAVE EXPERTISE APPROPRIATE TO THE GOALS AND REQUIREMENTS
    6  OF THE COMMITTEE.
    7    3. THE OFFICE SHALL DEVELOP AND FILE A PEST MANAGEMENT  PLAN  FOR  ALL
    8  LAND  UNDER ITS CUSTODY AND CONTROL WITH THE DEPARTMENT OF ENVIRONMENTAL
    9  CONSERVATION WITHIN ONE HUNDRED TWENTY DAYS OF  THE  EFFECTIVE  DATE  OF
   10  THIS  SECTION.  SUCH PLAN SHALL DOCUMENT THE PROCEDURES FOR IDENTIFYING,
   11  MONITORING AND CORRECTING PEST PROBLEMS ON THE LANDS WHICH  IT  MANAGES.
   12  SUCH  PLAN  SHALL  INCLUDE  PROCEDURES FOR HANDLING UNANTICIPATED PUBLIC
   13  HEALTH EMERGENCIES. WHEN A DOCUMENTED PUBLIC  HEALTH  EMERGENCY  ARISES,
   14  WHICH  IS  CONFIRMED  BY  THE DEPARTMENT OF HEALTH, THE OFFICE MAY USE A
   15  LEAST-TOXIC AVAILABLE PESTICIDE TO CONTROL A PEST PROBLEM ONLY AS A LAST
   16  RESORT.
   17    S 3. The general municipal law is amended by adding a new section 99-x
   18  to read as follows:
   19    S 99-X. NON-TOXIC PEST MANAGEMENT AND FERTILIZATION OF PARK LANDS.  1.
   20  NO  PESTICIDE  OR  CHEMICAL FERTILIZER SHALL BE APPLIED TO ANY PARK LAND
   21  UNDER THE CUSTODY AND CONTROL OF A MUNICIPAL CORPORATION.
   22    2. EACH MUNICIPAL CORPORATION SHALL DEVELOP AND FILE A PEST MANAGEMENT
   23  PLAN FOR ITS PARK LANDS WITH THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVA-
   24  TION  WITHIN  ONE  HUNDRED  TWENTY  DAYS  OF  THE EFFECTIVE DATE OF THIS
   25  SECTION. EACH SUCH PLAN SHALL DOCUMENT PROCEDURES FOR IDENTIFYING, MONI-
   26  TORING AND CORRECTING PEST PROBLEMS ON  PARK  LANDS  WHICH  IT  MANAGES.
   27  SUCH  PLANS  SHALL  INCLUDE PROCEDURES FOR HANDLING UNANTICIPATED PUBLIC
   28  HEALTH EMERGENCIES. WHEN A DOCUMENTED PUBLIC  HEALTH  EMERGENCY  ARISES,
   29  WHICH  IS  CONFIRMED  BY  THE DEPARTMENT OF HEALTH, THE MUNICIPAL CORPO-
   30  RATION MAY USE A LEAST-TOXIC AVAILABLE PESTICIDE TO CONTROL A PEST PROB-
   31  LEM ONLY AS A LAST RESORT.
   32    S 4. This act shall take effect immediately.