Bill Text: NY A08199 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Provides for the phase-out on varying time schedules of state use of various categories of pesticides on state property; provides that it does not apply to certain antimicrobial pesticides; requires the department of environmental conservation to adopt a pest management plan for every state department, agency, and public benefit corporation; provides for waivers and exemptions.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2022-01-05 - referred to environmental conservation [A08199 Detail]

Download: New_York-2021-A08199-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8199

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                     August 25, 2021
                                       ___________

        Introduced by M. of A. KELLES -- read once and referred to the Committee
          on Environmental Conservation

        AN  ACT  to amend the environmental conservation law, in relation to the
          phase-out of state use of pesticides

          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 finds and declares
     2  that pesticides are linked to a number of acute and chronic health prob-
     3  lems and that it is therefore the  policy  of  the  state  to  phase-out
     4  pesticide  use  by  the government for many pest control purposes and to
     5  adopt a pest control policy that substantially  relies  on  non-chemical
     6  pest control strategies.
     7    §  2.  Article  33 of the environmental conservation law is amended by
     8  adding a new title 8 to read as follows:
     9                                   TITLE 8
    10                             PHASE-OUT OF STATE
    11                              USE OF PESTICIDES
    12  Section 33-0801. Definitions.
    13          33-0803. Phase-out of state use of pesticides.
    14  § 33-0801. Definitions.
    15    As used in this title:
    16    1. "Antimicrobial pesticide" means a pesticide that:  (a) is  intended
    17  to  disinfect,  sanitize,  reduce,  or mitigate growth or development of
    18  microbiological organisms; (b) is intended to protect inanimate objects,
    19  industrial processes or systems,  surfaces,  water,  or  other  chemical
    20  substances  from  contamination,  fouling,  or  deterioration  caused by
    21  bacteria, viruses, fungi, protozoa, algae,  or  slime;  or  (c)  in  the
    22  intended  use,  is  exempt from or otherwise not subject to, a tolerance
    23  under appropriate provisions of federal law.
    24    2. "Antimicrobial pesticide" does not include: (a) a wood preservative
    25  or antifouling paint product for which a claim of pesticidal activity is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03280-01-1
        A. 8199                             2

     1  made; (b) an agricultural fungicide product; or (c) an aquatic herbicide
     2  product.
     3  § 33-0803. Phase-out of state use of pesticides.
     4    1.  Effective  January  first,  two  thousand  twenty-three,  no state
     5  department, agency, or  public  benefit  corporation  or  any  pesticide
     6  applicator  employed  thereby  as a contractor or subcontractor for pest
     7  control purposes, shall apply on state property any pesticide classified
     8  as toxicity category I by the  United  States  environmental  protection
     9  agency,  or  any  pesticide  classified  as a known, likely, or probable
    10  human carcinogen by the United States environmental  protection  agency,
    11  except as provided for in subdivision four of this section.
    12    2. Effective January first, two thousand twenty-four, no state depart-
    13  ment, agency, or public benefit corporation, or any pesticide applicator
    14  employed  thereby  as  a  contractor  or  subcontractor for pest control
    15  purposes, shall apply on state  property  any  pesticide  classified  as
    16  toxicity category II by the United States environmental protection agen-
    17  cy,  any  pesticide  classified  as  a  possible human carcinogen by the
    18  United States environmental protection agency, or any pesticide  classi-
    19  fied  as  restricted  use  by the United States environmental protection
    20  agency or the department, except as provided in subdivision four of this
    21  section.
    22    3. Effective January first, two thousand twenty-five, no state depart-
    23  ment, agency, or public benefit corporation or any pesticide  applicator
    24  employed  thereby  as  a  contractor  or  subcontractor for pest control
    25  purposes shall apply any pesticide on state property, except as provided
    26  in subdivision four of this section.
    27    4. The provisions of subdivisions one, two, and three of this  section
    28  shall not apply to the following:
    29    (a)  pesticides otherwise lawfully used for the purpose of maintaining
    30  a safe drinking water supply at drinking water treatment plants,  waste-
    31  water  treatment  plants,  reservoirs,  and related collection, distrib-
    32  ution, and treatment facilities;
    33    (b) antimicrobial pesticides;
    34    (c) pesticides in contained baits for the purposes of rodent  control;
    35  and
    36    (d)   pesticides   classified   by  the  United  States  environmental
    37  protection agency as exempt materials under 40 CFR 152.25.
    38    5.  On or before January first, two thousand twenty-three, the depart-
    39  ment shall adopt a pest management  plan  for  every  state  department,
    40  agency,  and  public benefit corporation. Such plan shall take effect on
    41  January first, two thousand twenty-three and shall  be  consistent  with
    42  the  provisions  of  this title. Such plan shall address pest population
    43  monitoring, least-toxic pesticides for use prior to January  first,  two
    44  thousand  twenty-five,  and non-chemical pest control strategies for use
    45  after such date, which  will  effectively  manage  pest  problems  in  a
    46  comprehensive manner.
    47    6.  Should any state department, agency, or public benefit corporation
    48  determine that a human health emergency warrants the use of a  pesticide
    49  that would otherwise not be allowed under this title, it may apply for a
    50  single-use  waiver  from  the  department  of  health. The department of
    51  health shall determine if such  a  waiver  is  warranted  based  on  the
    52  following criteria:
    53    (a) the pest situation poses an immediate threat to human health; and
    54    (b)  viable  alternatives  do not exist (such a determination shall be
    55  made in consultation with  the  Cornell  cooperative  extension  service
    56  integrated pest management program).
        A. 8199                             3

     1    As  a  condition of approval, the department of health shall require a
     2  commitment from every  state  department,  agency,  and  public  benefit
     3  corporation  that  the  underlying  causes  of the pest outbreak will be
     4  addressed in order to prevent future outbreaks.
     5    7.  The  following  activities  shall be exempt from the provisions of
     6  this title:
     7    (a) Pesticides used for agricultural research purposes  at  the  state
     8  university college of technology at Alfred, the state university college
     9  of  technology at Canton, the state university college of agriculture at
    10  Cobleskill, the state university college of  technology  at  Delhi,  the
    11  state university college of technology at Farmingdale, the state univer-
    12  sity college of agriculture at Morrisville, the state university college
    13  of  technology  at Utica/Rome, and the New York state statutory colleges
    14  at Cornell, including the agricultural experiment station at Geneva  and
    15  its field offices.
    16    (b)  The  use  of  rotenone  and  associated resins as a piscicide for
    17  purposes directly related to the reclamation of freshwater water  bodies
    18  to  prepare for the reintroduction of native species. Water treated with
    19  rotenone shall not be used as potable water or for irrigation of crops.
    20    § 3. This act shall take effect immediately.