Bill Text: NY A02144 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the general municipal law, in relation to integrated pest management in municipal facilities
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2010-01-06 - referred to local governments [A02144 Detail]
Download: New_York-2009-A02144-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 2144 2009-2010 Regular Sessions I N A S S E M B L Y January 15, 2009 ___________ Introduced by M. of A. ENGLEBRIGHT, JACOBS, SCHROEDER -- read once and referred to the Committee on Local Governments AN ACT to amend the general municipal law, in relation to integrated pest management in municipal facilities THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The general municipal law is amended by adding a new 2 section 99-v to read as follows: 3 S 99-V. INTEGRATED PEST MANAGEMENT. 1. FOR THE PURPOSES OF THIS 4 SECTION: 5 (A) "FACILITY" SHALL MEAN THE BUILDINGS, LANDS AND OTHER APPURTENANCES 6 OWNED BY A MUNICIPALITY. 7 (B) "INTEGRATED PEST MANAGEMENT" SHALL MEAN A DECISION-MAKING PROCESS 8 FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETERMINE IF AND 9 WHEN CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL, 10 BIOLOGICAL AND EDUCATIONAL TACTICS TO CONTROL CONDITIONS THAT PROMOTE 11 PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT TOLERABLE DAMAGE OR 12 ANNOYANCE LEVELS; AND ONLY AS A LAST RESORT, UTILIZES LEAST-TOXIC PESTI- 13 CIDE CONTROLS. THE OVERALL GOAL OF SUCH MANAGEMENT IS TO ELIMINATE THE 14 UNNECESSARY USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES. 15 (C) "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE. 16 2. TO ENSURE THAT MUNICIPAL FACILITIES ARE SAFE AND HEALTHY ENVIRON- 17 MENTS FOR WORKERS, THE PUBLIC AND OTHER OCCUPANTS, CERTAIN REQUIREMENTS 18 SHALL BE PLACED ON PESTICIDE USE IN SUCH FACILITIES. 19 3. EVERY MUNICIPALITY SHALL ESTABLISH AN INTEGRATED PEST MANAGEMENT 20 PLAN FOR ALL PEST CONTROL ACTIVITIES. ALL SUCH PLANS SHALL BE ESTAB- 21 LISHED AFTER PUBLIC REVIEW AND APPROVAL BY THE GOVERNING BOARD OF THE 22 MUNICIPALITY. SUCH PLANS SHALL UTILIZE INTEGRATED PEST MANAGEMENT TECH- 23 NIQUES TO MANAGE AND CONTROL PESTS AND PROBLEMS. EACH INTEGRATED PEST 24 MANAGEMENT PLAN SHALL INCLUDE A PROVISION FOR PUBLIC ACCESS TO ALL 25 INFORMATION ABOUT THE IMPLEMENTATION OF THE PLAN. MUNICIPALITIES MAY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05476-01-9 A. 2144 2 1 CREATE ADVISORY COMMITTEES TO ASSIST IN THE DEVELOPMENT OF THE INTE- 2 GRATED PEST MANAGEMENT PLAN, AND TO MONITOR THE IMPLEMENTATION OF THE 3 PLAN. 4 4. NO MUNICIPALITY SHALL CONDUCT PESTICIDE APPLICATIONS TO ITS FACILI- 5 TIES WHICH ARE PREVENTIVE IN NATURE AND DO NOT RESPOND TO EXISTING, 6 VERIFIABLE PEST PROBLEMS. IN EVERY INSTANCE IN WHICH A PESTICIDE APPLI- 7 CATION IS CONDUCTED AT A FACILITY, THE MUNICIPALITY SHALL: 8 (A) HAVE ALL SUCH APPLICATIONS CONDUCTED BY A CERTIFIED COMMERCIAL 9 APPLICATOR. NO PESTICIDE APPLICATION SHALL BE CONDUCTED BY ANY PERSON 10 WORKING UNDER THE DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICA- 11 TOR; 12 (B) PROMINENTLY POST A NOTICE OF THE PESTICIDE APPLICATION AND A COPY 13 OF THE PESTICIDE LABEL IN A COMMON AREA OF A BUILDING WHICH IS TO 14 RECEIVE THE PESTICIDE APPLICATION. SUCH NOTICE AND A LEGIBLE COPY OF THE 15 PESTICIDE PRODUCT LABEL SHALL REMAIN POSTED FOR AT LEAST FORTY-EIGHT 16 HOURS FOLLOWING THE PESTICIDE APPLICATION. THE NOTICE SHALL INCLUDE, AT 17 A MINIMUM, THE NAME AND TELEPHONE NUMBER OF THE MUNICIPAL EMPLOYEE OR 18 CONTACT PERSON WHO SHALL PROVIDE DETAILED INFORMATION ON THE PESTICIDE 19 APPLICATION. A COPY OF THE PESTICIDE LABEL SHALL BE MADE AVAILABLE TO 20 ANY PERSON REQUESTING SUCH LABEL WITHIN TWENTY-FOUR HOURS OF SUCH 21 REQUEST; AND 22 (C) WHEN A PESTICIDE IS TO BE APPLIED TO MUNICIPAL GROUNDS, TURF, 23 TREES OR SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED IN SECTION 24 33-1003 OF THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST 25 EVERY FIFTY FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICA- 26 TION AREA. 27 5. EACH MUNICIPALITY SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL 28 EVALUATION OF THE IMPLEMENTATION OF ITS INTEGRATED PEST MANAGEMENT PLAN 29 AND FOR UPDATING ITS INTEGRATED PEST MANAGEMENT PLAN EVERY THREE YEARS. 30 SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE PUBLIC. 31 S 2. This act shall take effect on the sixtieth day after it shall 32 have become a law.