Bill Text: NY A05823 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the environmental conservation law, in relation to notification to occupants of multiple family dwellings of pending commercial application of pesticide
Spectrum: Partisan Bill (Democrat 20-0)
Status: (Passed) 2010-08-13 - signed chap.324 [A05823 Detail]
Download: New_York-2009-A05823-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5823
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
___________
Introduced by M. of A. LATIMER, COLTON, BENEDETTO, BING, PHEFFER,
P. RIVERA, GALEF, PAULIN -- Multi-Sponsored by -- M. of A. CAHILL,
GLICK, JOHN, LAVINE, MARKEY, McENENY, MILLMAN, PERRY, REILLY,
J. RIVERA, ROSENTHAL, WEINSTEIN -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
notification to occupants of multiple family dwellings of pending
commercial application of pesticide
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subparagraph (i) of paragraph b of subdivision 1 of section
2 33-1004 of the environmental conservation law, as added by chapter 285
3 of the laws of 2000, is amended to read as follows:
4 (i) At least forty-eight hours prior to any commercial lawn applica-
5 tion of a pesticide, the person or business making such application
6 shall supply written notice, as defined in subdivision three of section
7 33-1005 of this article[,] to:
8 A. occupants of all dwellings, as defined in paragraph d of subdivi-
9 sion five of section 33-0905 of this article, on abutting property with
10 a boundary that is within one hundred fifty feet of the site of such
11 application; and to owners, owners' agents, or other persons in a posi-
12 tion of authority for all other types of premises, as defined in para-
13 graph d of subdivision five of section 33-0905 of this article, that are
14 on abutting property with a boundary that is within one hundred fifty
15 feet of the site of such application. Owners or owners' agents of
16 multiple family dwellings shall supply such written notice to the occu-
17 pants of such multiple family dwellings and for all other types of prem-
18 ises, owners, owners' agents or other persons in a position of authority
19 shall post such written notice in a manner specified by the commission-
20 er[.]; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A LBD05269-01-9
A. 5823 2
1 B. OWNERS, OWNERS' AGENTS OR OTHER PERSONS IN POSITIONS OF AUTHORITY
2 FOR MULTIPLE FAMILY DWELLINGS, THE PROPERTY OF WHICH IS THE SITE OF SUCH
3 APPLICATION. OWNERS, OR OWNERS' AGENTS OF MULTIPLE FAMILY DWELLINGS
4 SHALL SUPPLY SUCH WRITTEN NOTICE TO THE OCCUPANTS OF SUCH MULTIPLE FAMI-
5 LY DWELLINGS IN A MANNER SPECIFIED BY THE COMMISSIONER.
6 S 2. Subparagraph (v) of paragraph a of subdivision 3 and subdivision
7 4 of section 33-1005 of the environmental conservation law, as added by
8 chapter 285 of the laws of 2000, are amended to read as follows:
9 (v) a prominent statement that reads: "This notice is to inform you of
10 a pending pesticide application to: 1. A neighboring property; OR 2.
11 THIS PREMISE. You may wish to take precautions to minimize pesticide
12 exposure to yourself, family members, pets or family possessions.
13 Further information about the product or products being applied, includ-
14 ing any warnings that appear on the labels of such pesticide or pesti-
15 cides that are pertinent to the protection of humans, animals or the
16 environment, can be obtained by calling the National Pesticides Telecom-
17 munications Network at 1-800-858-7378 or the New York State Department
18 of Health Center for Environmental Health Info line at 1-800-458-1158".
19 4. The commissioner shall promulgate rules and regulations specifying:
20 the manner in which persons providing commercial lawn application shall
21 supply written notice as required under paragraph b of subdivision one
22 of section 33-1004 of this article including, but not limited to, mail-
23 ing, or leaving with a responsible adult or in a conspicuous location on
24 the PREMISES OR abutting property; the manner in which the owner or
25 owner's agent of multiple family dwellings covered under paragraph b of
26 subdivision one of section 33-1004 of this article shall supply such
27 written notice to the occupants of such multiple family dwellings; and
28 for all other premises covered under paragraph b of subdivision one of
29 section 33-1004 of this article, the manner in which the owner, owner's
30 agent or other person in a position of authority shall supply such writ-
31 ten notice. Such rules and regulations shall specify a manner in which
32 persons providing commercial lawn applications may provide an option to
33 occupants of dwellings to decline further notices.
34 S 3. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law provided, however, that the provisions of
36 this act shall not be construed to require that any local law enacted
37 prior to the effective date of this act be reenacted or amended in order
38 to conform to the requirements set forth in this act. Effective imme-
39 diately, the addition, amendment and/or repeal of any rule or regulation
40 necessary for the implementation of this act on its effective date are
41 authorized to be made on or before such effective date.
