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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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--B
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     May 15, 2013
                                      ___________
       Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
         printed to be committed  to  the  Committee  on  Health  --  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
       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;
   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.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08299-09-3
       S. 5288--B                          2
    1    2.  NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY PESTI-
    2  CIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS,  EXCEPT  THAT
    3  AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE
    4  COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH DEPARTMENT,
    5  SUCH  AUTHORITY  AS  THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMIS-
    6  SIONER OR HIS OR HER  DESIGNEE  OR  THE  COMMISSIONER  OF  ENVIRONMENTAL
    7  CONSERVATION OR HIS OR HER DESIGNEE.
    8    3.  THE  COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM THIS SECTION
    9  ANY CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP TO THE EXTENT  THAT  IT
   10  IS  NOT PRACTICABLE TO USE PESTICIDE ALTERNATIVES AS DEFINED IN SUBDIVI-
   11  SION ONE OF THIS SECTION.
   12    S 2.  Subdivision 7 of section 33-0303 of the environmental  conserva-
   13  tion law, as added by chapter 85 of the laws of 2010, is amended to read
   14  as follows:
   15    7.  The  commissioner, in consultation with the commissioner of educa-
   16  tion and the commissioner of health, shall develop guidance on pesticide
   17  alternatives to facilitate compliance with section four  hundred  nine-k
   18  of  the  education  law  [and],  three  hundred  ninety-g  of the social
   19  services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
   20    S 3. This act shall take effect on the one hundred eightieth day after
   21  it shall have become a law.   Effective immediately  the  department  of
   22  health  and  the department of environmental conservation may promulgate
   23  any rule or regulation necessary for the timely implementation  of  this
   24  act on its effective date.