Bill Text: NJ S2610 | 2010-2011 | Regular Session | Amended

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Bill Title: The "Safe Playing Fields Act"; restricts use of lawn care pesticides at child care centers, and certain schools, playgrounds, and recreational fields.*

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-12-15 - Senate Amendment (37-0) (Turner) [S2610 Detail]

Download: New_Jersey-2010-S2610-Amended.html

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[Second Reprint]

SENATE, No. 2610

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JANUARY 10, 2011

 

 

Sponsored by:

Senator  SHIRLEY K. TURNER

District 15 (Mercer)

Senator  ROBERT M. GORDON

District 38 (Bergen)

 

Co-Sponsored by:

Senators Beck, Greenstein, Addiego, Buono, A.R.Bucco, Bateman, T.Kean, S.Kean, Codey, Allen, Beach, Gill, O'Toole and Pennacchio

 

 

 

 

SYNOPSIS

     The "Safe Playing Fields Act"; restricts use of lawn care pesticides at certain child care centers, schools and recreational fields.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Budget and Appropriations Committee on June 16, 2011, with amendments.

  

An Act concerning use of lawn care pesticides at child care centers, schools and recreational fields, and supplementing Title 13 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act shall be known and may be cited as the "Safe Playing Fields Act."

 

     2.    As used in this act:

     "Charter school" means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.).

     "Child care center" means a child care center licensed pursuant to the provisions of the "Child Care Center Licensing Act," P.L.1983, c.492 (C.30:5B-1 et seq.).

     "Lawn care pesticide" means any pesticide labeled, designed or intended for use on lawns, gardens, turf or ornamental plants.

     ¹"Low impact pesticide" means a low impact pesticide as defined pursuant to section 3 of P.L.2002, c.117 (C.13:1F-21).¹

     "Pesticide" means a pesticide as defined pursuant to section 3 of P.L.2002, c.117 (C.13:1F-21) ¹[.] but shall not include a "low impact pesticide."¹

     "Playground" means a playground as defined pursuant to section 1 of P.L.1999, c.50 (C.52:27D-123.9).

     "Recreational field" means an athletic playing field, and includes recreational fields within a municipal, county, or State park.

     "School" means any public school or private school as defined in N.J.S.18A:1-1.

 

     3.    a.  No lawn care pesticide shall be applied on the grounds of any child care center, including a playground or recreational field located at the child care center, ¹[during regular business hours,]¹ except that a lawn care pesticide may be applied as an emergency response to eliminate an immediate threat to human health.  Such emergency shall be determined by the chief executive or owner, as appropriate, of the child care center.

     b.    No child enrolled at a child care center shall be permitted access to a pesticide treated area for at least seven hours after the application.

     c.     No later than one year after the effective date of this act, the Commissioner of Environmental Protection, in consultation with the Commissioner of Health and Senior Services, shall adopt rules and
regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), concerning pesticide application, record keeping, and staff and parental notification procedures at child care centers consistent with the goal of mitigating potential health risks to young children by reducing or eliminating the use of pesticides, and by first considering the use of low impact pesticides.

 

     4.    No lawn care pesticide shall be applied on the grounds of any school, including a playground or recreational field located at the school, except that a lawn care pesticide may be applied as an emergency response to eliminate an immediate threat to human health.  Such emergency shall be determined by the superintendent of the school district, the board of trustees of a charter school, or the principal or chief administrator of a private school, as ²[appropriate] applicable² , in consultation with the local health officer ², as appropriate² .

 

     5.    No lawn care pesticide shall be applied on a playground or recreational field, except that a lawn care pesticide may be applied as an emergency response to eliminate an immediate threat to human health.  Such emergency shall be determined by the municipal or county governing body in consultation with the local health officer, ²as appropriate,² or by the Commissioner of Environmental Protection, as applicable.

 

     6.    This act shall take effect ²[immediately] two years after the date of enactment² .