Bill Text: NY A09865 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to prohibiting a municipal corporation from applying pesticides to any playgrounds, turf, athletic or playing fields; provides that an emergency application of a pesticide may be made as determined by the county health department or for a county not having a health department such authority as the county legislature shall designate, the commissioner of health or his or her designee, or the commissioner of environmental conservation or his or her designee.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Introduced - Dead) 2020-02-20 - referred to local governments [A09865 Detail]

Download: New_York-2019-A09865-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9865

                   IN ASSEMBLY

                                    February 20, 2020
                                       ___________

        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Local Governments

        AN ACT to amend the general municipal law, in relation to prohibiting  a
          municipal  corporation  from  applying  pesticides to any playgrounds,
          turf, athletic or playing fields

          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-x to read as follows:
     3    § 99-x. 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.
    22    2.  No municipal corporation shall apply pesticide to any municipally-
    23  owned playgrounds, turf, athletic or  playing  fields,  except  that  an
    24  emergency  application  of  a pesticide may be made as determined by the
    25  county health department or for a county not having a health  department
    26  such  authority  as  the county legislature shall designate, the commis-
    27  sioner of health or his or her designee, or the commissioner of environ-
    28  mental conservation or his or her designee.
    29    § 2. This act shall take effect January 1, 2022.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15366-01-0