Bill Text: NY S05288 | 2013-2014 | General Assembly | Amended

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Bill Title: Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2014-03-24 - PRINT NUMBER 5288D [S05288 Detail]

Download: New_York-2013-S05288-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5288--D
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 15, 2013
                                      ___________
       Introduced by Sens. CARLUCCI, HOYLMAN -- read twice and ordered printed,
         and when printed to be committed to the Committee on Health -- commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to  said  committee  --  committee  discharged,  bill  amended,
         ordered  reprinted  as  amended  and  recommitted to said committee --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted  to  said  committee  --  recommitted  to the Committee on
         Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the public health law and the environmental conservation
         law,  in  relation  to prohibiting the use of pesticides at children's
         overnight or summer day camp
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 1396 of the public health law is renumbered section
    2  1397 and a new section 1396 is added to read as follows:
    3    S  1396.  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;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08299-13-4
       S. 5288--D                          2
    1    (D)  THE  APPLICATION  OF  A PESTICIDE CLASSIFIED BY THE UNITED STATES
    2  ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR  PART
    3  152.25;
    4    (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
    5    (F)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS  THAT DO NOT CONTAIN
    6  SYNTHETIC PESTICIDES OR SYNERGISTS.
    7    2. NO CAMP DEFINED IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  THIRTEEN
    8  HUNDRED  NINETY-TWO  OF  THIS ARTICLE SHALL APPLY PESTICIDE TO ANY PLAY-
    9  GROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, OTHER THAN THOSE  ON  PUBLIC-
   10  LY-OWNED OR PUBLICLY-LEASED PROPERTY IN A CITY OF MORE THAN ONE MILLION,
   11  EXCEPT  THAT  AN  EMERGENCY  APPLICATION  OF  A PESTICIDE MAY BE MADE AS
   12  DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING  A
   13  HEALTH DEPARTMENT, SUCH AUTHORITY AS THE COUNTY LEGISLATURE SHALL DESIG-
   14  NATE,  THE  COMMISSIONER  OR  HIS OR HER DESIGNEE OR THE COMMISSIONER OF
   15  ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
   16    3. THE COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM  THIS  SECTION
   17  ANY CAMP DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN HUNDRED
   18  NINETY-TWO  OF  THIS ARTICLE TO THE EXTENT THAT IT IS NOT PRACTICABLE TO
   19  USE PESTICIDE  ALTERNATIVES  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
   20  SECTION.
   21    S  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
   22  tion law, as added by chapter 85 of the laws of 2010, is amended to read
   23  as follows:
   24    7. The commissioner, in consultation with the commissioner  of  educa-
   25  tion and the commissioner of health, shall develop guidance on pesticide
   26  alternatives  to  facilitate compliance with section four hundred nine-k
   27  of the education  law  [and],  three  hundred  ninety-g  of  the  social
   28  services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
   29    S 3. This act shall take effect on the one hundred eightieth day after
   30  it  shall  have  become a law.   Effective immediately the department of
   31  health and the department of environmental conservation  may  promulgate
   32  any  rule  or regulation necessary for the timely implementation of this
   33  act on its effective date.