Bill Text: NY A00129 | 2015-2016 | General Assembly | Introduced

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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 21-0)

Status: (Engrossed - Dead) 2016-05-10 - REFERRED TO HEALTH [A00129 Detail]

Download: New_York-2015-A00129-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          129
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  M.  of  A.  PAULIN,  GALEF,  CLARK,  ENGLEBRIGHT, QUART,
         ROBERTS, ZEBROWSKI, COOK, ABINANTI, ROSENTHAL, COLTON  --  Multi-Spon-
         sored  by  --  M.  of  A. GOTTFRIED, LUPARDO, PERRY, RIVERA, ROBINSON,
         SCARBOROUGH -- read once and referred to the Committee on Health
       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    S 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
   20    (F) THE USE OF  HORTICULTURAL  SOAP  AND  OILS  THAT  DO  NOT  CONTAIN
   21  SYNTHETIC PESTICIDES OR SYNERGISTS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00112-01-5
       A. 129                              2
    1    2.  NO  CAMP  DEFINED  IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN
    2  HUNDRED NINETY-TWO OF THIS ARTICLE SHALL APPLY PESTICIDE  TO  ANY  PLAY-
    3  GROUNDS,  TURF,  ATHLETIC OR PLAYING FIELDS, OTHER THAN THOSE ON PUBLIC-
    4  LY-OWNED OR PUBLICLY-LEASED PROPERTY IN A CITY OF MORE THAN ONE MILLION,
    5  EXCEPT  THAT  AN  EMERGENCY  APPLICATION  OF  A PESTICIDE MAY BE MADE AS
    6  DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING  A
    7  HEALTH DEPARTMENT, SUCH AUTHORITY AS THE COUNTY LEGISLATURE SHALL DESIG-
    8  NATE,  THE  COMMISSIONER  OR  HIS OR HER DESIGNEE OR THE COMMISSIONER OF
    9  ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
   10    3. THE COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM  THIS  SECTION
   11  ANY CAMP DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN HUNDRED
   12  NINETY-TWO  OF  THIS ARTICLE TO THE EXTENT THAT IT IS NOT PRACTICABLE TO
   13  USE PESTICIDE  ALTERNATIVES  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
   14  SECTION.
   15    S  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
   16  tion law, as added by chapter 85 of the laws of 2010, is amended to read
   17  as follows:
   18    7. The commissioner, in consultation with the commissioner  of  educa-
   19  tion and the commissioner of health, shall develop guidance on pesticide
   20  alternatives  to  facilitate compliance with section four hundred nine-k
   21  of the education  law  [and],  three  hundred  ninety-g  of  the  social
   22  services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
   23    S 3. This act shall take effect on the one hundred eightieth day after
   24  it  shall  have  become a law.   Effective immediately the department of
   25  health and the department of environmental conservation  may  promulgate
   26  any  rule  or regulation necessary for the timely implementation of this
   27  act on its effective date.