Bill Text: NY S02346 | 2009-2010 | General Assembly | Introduced
Bill Title: Provides for the use of least toxic pesticides and restricts the use of anti-microbial pesticides and biopesticides; makes exceptions for the use of pesticides in connection with drinking water facilities and in certain other cases; directs the commissioner of environmental conservation to restrict the availability of certain pesticides.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S02346 Detail]
Download: New_York-2009-S02346-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2346
2009-2010 Regular Sessions
I N S E N A T E
February 18, 2009
___________
Introduced by Sens. SCHNEIDERMAN, ADAMS, BRESLIN, DIAZ, DILAN, DUANE,
HASSELL-THOMPSON, KRUEGER, KRUGER, MONSERRATE, MONTGOMERY, ONORATO,
OPPENHEIMER, SAMPSON, STAVISKY, THOMPSON -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation
AN ACT to amend the environmental conservation law, in relation to the
use of certain highly toxic pesticides
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature finds and
2 declares that it is the policy of the state to prevent unnecessary
3 endangerment of human health and environmental quality. The use of
4 pesticides exposes people and our natural resources to many highly toxic
5 chemicals with known serious, deleterious effects on the health of
6 humans and the environment. The risks posed by the use of the most high-
7 ly toxic chemicals outweigh the limited benefits derived. Furthermore,
8 the use of highly toxic pesticides is unwarranted because more benign
9 alternatives exist, including less toxic or nontoxic chemicals as well
10 as the employment of alternative effective pest control methods that do
11 not rely on the use of chemical pesticides. Such alternative pest
12 control methods use physical, mechanical, cultural, biological and
13 educational tactics to control conditions that promote pest infestations
14 and that inhibit pest populations to tolerable levels of damage and
15 annoyance. In order to protect public health and the environment, it is
16 the intent of the legislature to prevent unwarranted exposure to the
17 most highly toxic pesticides by prohibiting their use.
18 S 2. Section 33-0101 of the environmental conservation law is amended
19 by adding three new subdivisions 50, 51 and 52 to read as follows:
20 50. "ANTI-MICROBIAL PESTICIDE" SHALL MEAN A PESTICIDE THAT:
21 A. IS INTENDED TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR
22 DEVELOPMENT OF MICROBIOLOGICAL ORGANISMS;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02810-01-9
S. 2346 2
1 B. IS INTENDED TO PROTECT INANIMATE OBJECTS, INDUSTRIAL PROCESSES OR
2 SYSTEMS, SURFACES, WATER, OR OTHER CHEMICAL SUBSTANCES FROM CONTAM-
3 INATION, FOULING OR DETERIORATION CAUSED BY BACTERIA, VIRUSES, FUNGI,
4 PROTOZOA, ALGAE OR SLIME; OR
5 C. IN THE INTENDED USE IS EXEMPT FROM, OR OTHERWISE NOT SUBJECT TO, A
6 TOLERANCE UNDER APPROPRIATE PROVISIONS OF FEDERAL LAW;
7 D. "ANTI-MICROBIAL PESTICIDE" SHALL NOT INCLUDE:
8 (1) A WOOD PRESERVATIVE OR ANTI-FOULING PAINT PRODUCT FOR WHICH A
9 CLAIM OF PESTICIDAL ACTIVITY IS MADE;
10 (2) AN AGRICULTURAL FUNGICIDE PRODUCT; OR
11 (3) AN AQUATIC HERBICIDE PRODUCT.
12 51. "BIOPESTICIDE" SHALL MEAN PESTICIDES DERIVED FROM NATURAL MATERI-
13 ALS, SUCH AS ANIMALS, PLANTS, BACTERIA AND MINERALS; AND INCLUDE THE
14 FOLLOWING TYPES:
15 A. MICROBIAL PESTICIDES CONTAINING A MICROORGANISM (E.G., A BACTERIUM,
16 FUNGUS, VIRUS OR PROTOZOAN) AS THE ACTIVE INGREDIENT; OR
17 B. BIOCHEMICAL PESTICIDES DERIVED FROM NATURALLY OCCURRING SUBSTANCES
18 THAT CONTROL PESTS BY NONTOXIC MECHANISMS.
19 52. "LEAST-TOXIC PESTICIDES" SHALL MEAN:
20 A. BORIC ACID AND DISODIUM TETRAHYDRATE;
21 B. SILICA GELS;
22 C. DIATOMACEOUS EARTH;
23 D. NONVOLATILE INSECT AND RODENT BAITS IN TAMPER RESISTANT CONTAINERS;
24 OR
25 E. BOTANICAL PESTICIDES, EXCLUDING SYNTHETIC PYRETHROIDS WITHOUT TOXIC
26 SYNERGISTS.
27 S 3. Section 33-1301 of the environmental conservation law is amended
28 by adding a new subdivision 12 to read as follows:
29 12. A. FOR ANY PERSON TO USE THE FOLLOWING PESTICIDES, EXCEPT AS
30 PROVIDED FOR IN PARAGRAPH B OF THIS SUBDIVISION:
31 (1) ANY PESTICIDE THAT IS CLASSIFIED AS A KNOWN, PROBABLE, OR LIKELY
32 HUMAN CARCINOGEN BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
33 (2) ANY PESTICIDE THAT IS CLASSIFIED AS CATEGORY I OR II ACCORDING TO
34 THE PRODUCT ACUTE TOXICITY CLASSIFICATION OF THE UNITED STATES ENVIRON-
35 MENTAL PROTECTION AGENCY FOR EITHER ORAL, DERMAL OR INHALATION TOXICITY;
36 (3) ANY PESTICIDE WHICH THE COMMISSIONER DETERMINES, IN CONSULTATION
37 WITH THE COMMISSIONER OF HEALTH, IS A LIKELY ENDOCRINE DISRUPTER
38 (INCLUDING, BUT NOT LIMITED TO, ESTROGEN MIMICRY OR ANDROGEN INHIBI-
39 TION), IMMUNOTOXIN OR CHRONIC NEUROTOXIN, AS SUCH INFORMATION BECOMES
40 AVAILABLE;
41 (4) ANY PESTICIDE WHICH THE COMMISSIONER DETERMINES, IN CONSULTATION
42 WITH THE COMMISSIONER OF HEALTH, IS LIKELY TO IMPAIR AND DISRUPT HUMAN
43 REPRODUCTION AND DEVELOPMENT;
44 (5) ANY PESTICIDE THAT HAS USE RESTRICTION IMPOSED BY EITHER THE
45 COMMISSIONER OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DUE TO
46 THE FOLLOWING ENVIRONMENTAL HAZARDS: GROUNDWATER CONTAMINATION, WILDLIFE
47 KILLS OR THREATS TO ENDANGERED SPECIES;
48 (6) ANY PESTICIDE FOR WHICH THERE IS A SPECIFIC, OUTSTANDING REQUEST
49 FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR HEALTH AND
50 ENVIRONMENTAL STUDIES FOR THE PURPOSE OF REGISTRATION OR REREGISTRATION;
51 (7) ANY PESTICIDE WHICH CONTAINS AN INERT INGREDIENT WHICH WAS SUBJECT
52 TO A PESTICIDE REGISTRATION CANCELLATION OR SUSPENSION BY THE UNITED
53 STATES ENVIRONMENTAL PROTECTION AGENCY; AND
54 (8) ANY PESTICIDE CONTAINING THE ACTIVE INGREDIENT 4-AMINO PYRIDINE,
55 INCLUDING BUT NOT LIMITED TO AVITROL, EXCEPT WHEN USED IN THE PRODUCTION
56 OF AN AGRICULTURAL COMMODITY OR ON AGRICULTURAL LANDS.
S. 2346 3
1 B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
2 IT SHALL BE LAWFUL TO APPLY:
3 (1) PESTICIDES THAT MAY OTHERWISE LAWFULLY BE USED FOR THE PURPOSE OF
4 MAINTAINING A SAFE DRINKING WATER SUPPLY AT DRINKING WATER TREATMENT
5 PLANTS, WASTEWATER TREATMENT PLANTS, RESERVOIRS, AND RELATED COLLECTION,
6 DISTRIBUTION AND TREATMENT FACILITIES;
7 (2) ANTI-MICROBIAL PESTICIDES;
8 (3) BIOPESTICIDES;
9 (4) LEAST TOXIC PESTICIDES;
10 (5) PESTICIDES CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL
11 PROTECTION AGENCY AS EXEMPT MATERIALS UNDER 40 CFR 152.25; AND
12 (6) PESTICIDES USED TO RESPOND TO A PUBLIC HEALTH EMERGENCY OR IMMI-
13 NENT STRUCTURAL HAZARD.
14 S 4. Section 33-1503 of the environmental conservation law is amended
15 by adding a new subdivision 5 to read as follows:
16 5. THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A PROGRAM TO RESTRICT
17 THE AVAILABILITY OF PESTICIDES PROHIBITED UNDER SUBDIVISION TWELVE OF
18 SECTION 33-1301 OF THIS ARTICLE THROUGH THE PESTICIDE REGISTRATION
19 PROGRAM UNDER TITLE SEVEN OF THIS ARTICLE, AND SHALL IMPLEMENT A PROGRAM
20 TO INFORM COMMERCIAL AND PRIVATE APPLICATORS, MANUFACTURERS, WHOLESALE
21 AND RETAIL SELLERS, AND THE PUBLIC OF THE PROHIBITIONS ON SUCH PESTI-
22 CIDES.
23 S 5. This act shall take effect immediately, except that sections one,
24 two and three of this act shall take effect on the one hundred twentieth
25 day after it shall have become a law.
