Bill Text: NY S01145 | 2019-2020 | General Assembly | Amended
Bill Title: Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2020-02-20 - PRINT NUMBER 1145A [S01145 Detail]
Download: New_York-2019-S01145-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1145--A 2019-2020 Regular Sessions IN SENATE January 11, 2019 ___________ Introduced by Sens. CARLUCCI, ADDABBO, HOYLMAN, METZGER, SAVINO, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law and the environmental conservation law, in relation to prohibiting the use of pesticides at children's overnight or summer day camp The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1396 of the public health law is renumbered section 2 1397 and a new section 1396 is added to read as follows: 3 § 1396. Pesticide alternatives. 1. For purposes of this section 4 "pesticide" shall have the same meaning as set forth in subdivision 5 thirty-five of section 33-0101 of the environmental conservation law, 6 provided however that it shall not include: 7 (a) the application of anti-microbial pesticides and anti-microbial 8 products as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h) 9 (2); 10 (b) the use of an aerosol product with a directed spray, in containers 11 of eighteen fluid ounces or less, when used to protect individuals from 12 an imminent threat from stinging and biting insects, including venomous 13 spiders, bees, wasps and hornets; 14 (c) the use of non-volatile insect or rodent bait in a tamper resist- 15 ant container; 16 (d) the application of a pesticide classified by the United States 17 Environmental Protection Agency as an exempt material under 40 CFR Part 18 152.25; 19 (e) the use of boric acid and disodium octaborate tetrahydrate; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00602-05-0S. 1145--A 2 1 (f) the use of horticultural soap and oils that do not contain 2 synthetic pesticides or synergists. 3 2. No camp defined in subdivisions one and two of section thirteen 4 hundred ninety-two of this article, or children's non-regulated camp 5 defined in section three hundred ninety-eight-f of the general business 6 law, shall apply pesticide to any playgrounds, turf, athletic or playing 7 fields, other than those on publicly-owned or publicly-leased property 8 in a city of more than one million, except that an emergency application 9 of a pesticide may be made as determined by the county health department 10 or for a county not having a health department, such authority as the 11 county legislature shall designate, the commissioner or his or her 12 designee or the commissioner of environmental conservation or his or her 13 designee. If a response to a request for an emergency application of 14 pesticide is not received by a camp within twenty-four hours, such camp 15 may contract with a pesticide applicator certified under section 33-0905 16 of the environmental conservation law for a single application of pesti- 17 cide, provided that the camp submit documentation of the emergency 18 pesticide application to the county health department or the commission- 19 er immediately thereafter. Such documentation shall include an explana- 20 tion of the emergency, the date on which the camp requested approval for 21 an emergency application of pesticide, the date and time the pesticide 22 was applied, the pesticide or pesticides applied, and the name of the 23 certified pesticide applicator who applied the pesticide. 24 3. The commissioner shall have the power to exempt from this section 25 any camp defined in subdivisions one and two of section thirteen hundred 26 ninety-two of this article to the extent that it is not practicable to 27 use pesticide alternatives as defined in subdivision one of this 28 section. 29 § 2. Subdivision 7 of section 33-0303 of the environmental conserva- 30 tion law, as added by chapter 85 of the laws of 2010, is amended to read 31 as follows: 32 7. The commissioner, in consultation with the commissioner of educa- 33 tion and the commissioner of health, shall develop guidance on pesticide 34 alternatives to facilitate compliance with section four hundred nine-k 35 of the education law [and], three hundred ninety-g of the social 36 services law and thirteen hundred ninety-six of the public health law. 37 § 3. This act shall take effect on the one hundred eightieth day after 38 it shall have become a law. Effective immediately the department of 39 health and the department of environmental conservation may promulgate 40 any rule or regulation necessary for the timely implementation of this 41 act on its effective date.
