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.