Bill Text: NY S04363 | 2011-2012 | General Assembly | Amended

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Bill Title: Requires lawn care companies to provide certain information to property owners prior to any commercial lawn application.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-06-15 - SUBSTITUTED BY A7638A [S04363 Detail]

Download: New_York-2011-S04363-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4363--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 31, 2011
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and recommitted to said committee
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         requiring lawn care companies to provide information to  the  property
         owner prior to any commercial lawn application
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 33-1001 of the environmental conservation  law,  as
    2  added by chapter 559 of the laws of 1987, is amended to read as follows:
    3  S 33-1001. Requirements and restrictions.
    4    1. Prior to any commercial lawn application the applicator shall enter
    5  into  a  written  contract  with the owner of the property or his OR HER
    6  agent specifying the approximate date or dates of application, number of
    7  applications, and total cost for the service to be provided [and].
    8    2. PRIOR TO ANY  COMMERCIAL  LAWN  APPLICATION  THE  APPLICATOR  shall
    9  supply  the property owner or his OR HER agent with a [written] copy [in
   10  at least 12 point type] of:
   11    a. a list of substances to be applied including brand names and gener-
   12  ic names of active ingredients;
   13    b. any warnings that appear on the label of pesticides to  be  applied
   14  that  are pertinent to the protection of humans, animals or the environ-
   15  ment; and
   16    c. the company name, address, telephone number, business  registration
   17  number and applicator certification identification card number.
   18    SUCH  INFORMATION  SHALL  BE  SUPPLIED IN EITHER A WRITTEN, DIGITAL OR
   19  ELECTRONIC FORMAT WHICH SHALL BE DETERMINED BY THE OWNER OR HIS  OR  HER
   20  AGENT PROVIDED HOWEVER THAT THE APPLICATOR MUST ALSO HAVE A WRITTEN COPY
   21  OF SUCH INFORMATION IN HIS OR HER POSSESSION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10594-03-1
       S. 4363--A                          2
    1    [2]  3.   In the event that application on the date or dates specified
    2  becomes infeasible, the person who is to provide such application  shall
    3  give  the  owner  or  his  agent  oral or written notice of the proposed
    4  alternate date or dates, and shall receive acceptance of such  alternate
    5  date or dates from the owner or his agent prior to initiating commercial
    6  lawn application.
    7    [3]  4.  Persons providing commercial lawn applications shall maintain
    8  copies of all contracts required pursuant to  subdivision  one  of  this
    9  section.
   10    S  2.  This  act  shall take effect on the sixtieth day after it shall
   11  have become a law.