Bill Text: NY S03448 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates a state urban pesticide board to examine the application of pesticides in urban areas; delineates such board's functions, powers and duties; requires such board to make a preliminary and final report and make recommendations for legislative action; also requires alternative pesticide training.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03448 Detail]

Download: New_York-2015-S03448-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3448
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 9, 2015
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Environmental Conser-
         vation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         creating  the state urban pesticide board and providing for the repeal
         of certain provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Article 33 of the environmental conservation law is amended
    2  by adding a new title 17 to read as follows:
    3                                  TITLE 17
    4                         STATE URBAN PESTICIDE BOARD
    5  SECTION 33-1701. CREATION OF STATE URBAN PESTICIDE BOARD.
    6          33-1703. FUNCTIONS, POWERS, AND DUTIES.
    7          33-1705. RESPONSIBILITIES OF THE DEPARTMENT AND OTHER AGENCIES.
    8  S 33-1701. CREATION OF STATE URBAN PESTICIDE BOARD.
    9    1.  THERE  IS  HEREBY  CREATED  WITHIN THE DEPARTMENT THE "STATE URBAN
   10  PESTICIDE BOARD", REFERRED TO IN THIS TITLE AS  THE  BOARD.  SUCH  BOARD
   11  SHALL  CONSIST  OF  TEN  MEMBERS, FOUR OF WHOM SHALL BE APPOINTED BY THE
   12  GOVERNOR AND SHALL INCLUDE THE  COMMISSIONER  AND  THE  COMMISSIONER  OF
   13  HEALTH,  THREE  OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
   14  THE SENATE, AND THREE OF WHOM SHALL BE APPOINTED BY THE SPEAKER  OF  THE
   15  ASSEMBLY.
   16    2. THE EIGHT AT LARGE MEMBERS OF THE BOARD SHOULD INCLUDE: A REPRESEN-
   17  TATIVE OF AN ORGANIZATION WHOSE PRIME FUNCTION IS THE ENHANCEMENT OF THE
   18  ENVIRONMENTAL  QUALITY  OF  THE STATE; AN INDIVIDUAL WHO BY PROFESSIONAL
   19  TRAINING OR EXPERIENCE HAS EXPERTISE IN PUBLIC HEALTH MATTERS; AN  INDI-
   20  VIDUAL  WHO BY PROFESSIONAL TRAINING OR EXPERIENCE HAS EXPERTISE IN PEST
   21  MANAGEMENT TECHNIQUES; A REPRESENTATIVE FROM THE  PESTICIDE  APPLICATION
   22  INDUSTRY;  A  REPRESENTATIVE FROM AN ORGANIZATION CONCERNED WITH TENANTS
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05278-01-5
       S. 3448                             2
    1  RIGHTS IN URBAN AREAS; AND A REPRESENTATIVE OF AN  ORGANIZATION  FOCUSED
    2  ON ENVIRONMENTAL JUSTICE ISSUES.
    3    3.  THE  COMMISSIONER  AND THE COMMISSIONER OF HEALTH, OR THEIR DESIG-
    4  NEES, SHALL SERVE AS THE CO-CHAIRS OF THE BOARD.
    5    4. THE MEMBERS OF THE BOARD SHALL RECEIVE NO  COMPENSATION  FOR  THEIR
    6  SERVICES,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES
    7  INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
    8  S 33-1703. FUNCTIONS, POWERS, AND DUTIES.
    9    1. THE BOARD SHALL, AT A MINIMUM:
   10    A. EXAMINE PATTERNS OF PESTICIDE USE IN  URBAN  AREAS,  INCLUDING  THE
   11  AMOUNT  OF PESTICIDES USED RELATIVE TO OTHER AREAS, THE PARTICULAR TYPES
   12  OF PESTICIDES USED, THE TARGET PESTS BEING ADDRESSED, AND PESTICIDE  USE
   13  IN PUBLIC OR ASSISTED HOUSING AND SCHOOLS;
   14    B.  RESEARCH  NON-TOXIC  AND  LEAST  TOXIC  ALTERNATIVE  MEANS OF PEST
   15  MANAGEMENT IN URBAN AREAS, INCLUDING INVESTIGATING  PRIVATE  AND  PUBLIC
   16  PILOT  PROJECTS  IN  NEW YORK STATE AND OTHER STATES WHOSE PURPOSE IS TO
   17  IMPLEMENT PEST MANAGEMENT STRATEGIES  THAT  DO  NOT  RELY  ON  HAZARDOUS
   18  PESTICIDES  BUT  INSTEAD  RELY  ON  PHYSICAL, MECHANICAL, AND BIOLOGICAL
   19  CONTROL METHODS, WITH LEAST-TOXIC PESTICIDES AS A METHOD OF LAST RESORT;
   20  AND
   21    C. SPECIFICALLY EXAMINE THE USE AND  SALE  OF  ILLEGAL  PESTICIDES  IN
   22  URBAN AREAS.
   23    D.  THE  BOARD,  HOWEVER,  SHALL NOT MAKE RECOMMENDATIONS INCONSISTENT
   24  WITH FDA APPROVED PRESCRIPTION  THERAPIES  WHICH  ALSO  HAPPEN  TO  HAVE
   25  PESTICIDAL USES.
   26    2. THE BOARD SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGIS-
   27  LATURE  REGARDING  ANY POLICY REFORMS AND ENFORCEMENT MEASURES NECESSARY
   28  TO REDUCE THE RISK OF PESTICIDE USE IN URBAN AREAS AND ENCOURAGE USE  OF
   29  NON-TOXIC  METHODS  OF PEST MANAGEMENT. THE BOARD SHALL ISSUE A PRELIMI-
   30  NARY REPORT TO THE GOVERNOR AND THE LEGISLATURE NO  LATER  THAN  JANUARY
   31  FIFTEENTH, TWO THOUSAND SIXTEEN AND A FINAL REPORT NO LATER THAN JANUARY
   32  FIFTEENTH, TWO THOUSAND SEVENTEEN.
   33    3. THE BOARD SHALL UTILIZE RESOURCES OF THE DEPARTMENT, INCLUDING, BUT
   34  NOT  LIMITED  TO,  PESTICIDE  REPORTING DATA FILED UNDER TITLE TWELVE OF
   35  THIS ARTICLE.
   36    4. FOR THE PURPOSES OF THIS TITLE, "URBAN AREAS" SHALL MEAN CITIES  OR
   37  TOWNS WITH A POPULATION DENSITY OF GREATER THAN ONE THOUSAND PERSONS PER
   38  SQUARE MILE.
   39  S 33-1705. RESPONSIBILITIES OF THE DEPARTMENT AND OTHER AGENCIES.
   40    THE  DEPARTMENT  AND  THE DEPARTMENT OF HEALTH SHALL PROVIDE THE BOARD
   41  WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE  BOARD  TO
   42  CARRY OUT ITS POWERS AND DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE
   43  STATE  OR  SUBDIVISIONS  THEREOF  SHALL, AT THE REQUEST OF THE CO-CHAIRS
   44  PROVIDE THE BOARD WITH SUCH FACILITIES, ASSISTANCE,  AND  DATA  AS  WILL
   45  ENABLE THE BOARD TO CARRY OUT ITS POWER AND DUTIES.
   46    S  2.  Paragraph b of subdivision 3 of section 33-0905 of the environ-
   47  mental conservation law, as added by chapter 612 of the laws of 1983, is
   48  amended to read as follows:
   49    b. An applicant for certification shall satisfy the commissioner as to
   50  his OR HER knowledge and experience concerning the proper use and appli-
   51  cation of pesticides [and], pesticide application  equipment,  AND  PEST
   52  MANAGEMENT TECHNIQUES THAT DO NOT INVOLVE THE USE OF PESTICIDES, INCLUD-
   53  ING BUT NOT LIMITED TO STRUCTURAL IMPROVEMENTS, MECHANICAL CONTROLS, AND
   54  BIOLOGICAL CONTROLS, through examination prior to initial certification.
   55  Recertification  shall  be  by  training,  workbook,  or  examination as
   56  required by the commissioner.
       S. 3448                             3
    1    S 3. This act shall take effect immediately; provided,  however,  that
    2  section  one  of  this  act  shall remain in full force and effect until
    3  April 1, 2017, when upon such date the provisions of such section  shall
    4  expire and be deemed repealed.