Bill Text: NY S03571 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the department of environmental conservation and the department of health to establish certain standards related to the cleaning of playground equipment after pesticide exposure.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-01-08 - REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION [S03571 Detail]

Download: New_York-2019-S03571-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3571
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 8, 2019
                                       ___________
        Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Cultural Affairs, Tourism,
          Parks and Recreation
        AN ACT to amend the parks, recreation and historic preservation law,  in
          relation to the cleaning of playground equipment after pesticide expo-
          sure
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The parks, recreation  and  historic  preservation  law  is
     2  amended by adding a new section 29.17 to read as follows:
     3    §  29.17 Cleaning of playground equipment after pesticide exposure. 1.
     4  As used in this section, the following terms have  the  following  mean-
     5  ings:
     6    (a)  "Municipality"  shall mean a city, county, town or village, or an
     7  improvement district within a city,  county,  town  or  village  or  any
     8  combination thereof.
     9    (b)  "Office"  shall  mean  the  state office of parks, recreation and
    10  historic preservation.
    11    (c) "Park playground equipment" shall mean playground equipment  which
    12  is located within a playground operated by any municipality or office.
    13    (d)  "Pesticide" shall have the same meaning as in subdivision thirty-
    14  five of section 33-0101 of the environmental conservation law.
    15    2. The department of environmental conservation in  consultation  with
    16  the  department  of  health shall establish the minimum distance between
    17  playground equipment and the spraying  of  a  pesticide  at  which  such
    18  equipment will not be exposed to such pesticides.
    19    3.  Following  the  spraying  of  any pesticide by or on behalf of any
    20  municipality or office, the municipality or office shall clean all  park
    21  playground  equipment located less than the minimum distance established
    22  by the department of environmental conservation and  the  department  of
    23  health.  The  municipality  or  office shall make a reasonable effort to
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02167-01-9
        S. 3571                             2
     1  clean the equipment immediately  following  pesticide  application,  but
     2  shall be required to clean the equipment within twenty-four hours of the
     3  application.  The  department  of  environmental  conservation  and  the
     4  department  of  health  shall  establish  the best practice for cleaning
     5  playground equipment to remove pesticide residue.
     6    4. For purposes of this section the use of an aerosol product  with  a
     7  directed  spray,  in  containers  of eighteen fluid ounces or less, when
     8  used to protect individuals from an imminent threat  from  stinging  and
     9  biting  insects  including  venomous  spiders, bees, wasps, and hornets,
    10  shall be exempt. This section shall not exempt the  use  of  any  fogger
    11  product or aerosol product that discharges to a wide area.
    12    5.  Nothing  contained  in this section shall be construed to restrict
    13  the power of a city with a population of one million or  more  to  adopt
    14  and  enforce local laws that comply with at least the minimum applicable
    15  standards set forth in this section.
    16    § 2. This act shall take effect on the one hundred eightieth day after
    17  it shall have become a law.  Effective immediately, the addition, amend-
    18  ment and/or repeal of any rule or regulation necessary for the implemen-
    19  tation of this act on its effective date are authorized to be  made  and
    20  completed on or before such effective date.