Bill Text: NY S01606 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the nonemergency application of pesticide or lawn care pesticide within any municipal park lands and lands under the jurisdiction of the state office of parks, recreation and historic preservation; requires notice of pesticide application.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01606 Detail]

Download: New_York-2023-S01606-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1606

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 13, 2023
                                       ___________

        Introduced  by  Sens.  SERRANO, ADDABBO, COMRIE, HOYLMAN-SIGAL, KENNEDY,
          PARKER, PERSAUD -- read twice and ordered printed, and when printed to
          be committed to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the  nonemergency  application  of pesticide or lawn care
          pesticide within any municipal park lands and lands under  the  juris-
          diction  of the state office of parks, recreation and historic preser-
          vation and requiring notice of pesticide application

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 37-0123 to read as follows:
     3  § 37-0123. Prohibition of nonemergency application of pesticide or  lawn
     4               care pesticide.
     5    1. No person, firm, partnership, association, limited liability compa-
     6  ny, corporation, municipality or government entity shall allow or imple-
     7  ment the nonemergency application of pesticide or lawn care pesticide in
     8  any  municipal  park lands and lands under the jurisdiction of the state
     9  office of parks, recreation and historic preservation.
    10    2. Prior to any application of pesticide or lawn care  pesticide,  the
    11  office  shall  provide public notice at least seventy-two hours prior to
    12  such application. Such public notice shall remain posted on the  premise
    13  and  on  any  internet  web  site operated by the office for seventy-two
    14  hours.
    15    3. For the purposes of this section:
    16    (a) "pesticide" means a fungicide used on plants,  an  insecticide,  a
    17  herbicide or a rodenticide, but does not mean a sanitizer, disinfectant,
    18  antimicrobial agent or pesticide bait in a tamper resistant container;
    19    (b)  "lawn  care pesticide" means a pesticide registered by the United
    20  States Environmental Protection  Agency  and  labeled  pursuant  to  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04108-01-3
        S. 1606                             2

     1  federal  Insecticide,  Fungicide  and  Rodenticide  Act for use in lawn,
     2  garden and ornamental sites or areas, but shall not include any:
     3    (1)  microbial  pesticide  or biochemical pesticide that is registered
     4  with the United States Environmental Protection Agency; or
     5    (2)  a  pesticide  classified  by  the  United  States   Environmental
     6  Protection Agency as an exempt material under 40 CFR 152.25;
     7    (c)  "microbial  pesticide"  means  a  pesticide  that  consists  of a
     8  microorganism as the active ingredient; and
     9    (d) "biochemical pesticide" means a naturally occurring substance that
    10  controls pests by nontoxic mechanisms.
    11    4. The department is authorized to promulgate  such  rules  and  regu-
    12  lations  as  it shall deem necessary to implement the provisions of this
    13  section.
    14    § 2. This act shall take effect immediately.