S T A T E   O F   N E W   Y O R K
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                                  2473

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2013
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, JACOBS -- read once and referred to
  the Committee on Local Governments

AN ACT to amend the general municipal law,  in  relation  to  integrated
  pest management in municipal facilities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general municipal  law  is  amended  by  adding  a  new
section 99-x to read as follows:
  S  99-X.  INTEGRATED  PEST  MANAGEMENT.  1.  FOR  THE PURPOSES OF THIS
SECTION:
  (A) "FACILITY" SHALL MEAN THE BUILDINGS, LANDS AND OTHER APPURTENANCES
OWNED BY A MUNICIPALITY.
  (B) "INTEGRATED PEST MANAGEMENT" SHALL MEAN A DECISION-MAKING  PROCESS
FOR  PEST  CONTROL  THAT UTILIZES REGULAR MONITORING TO DETERMINE IF AND
WHEN  CONTROLS  ARE  NEEDED;  EMPLOYS  PHYSICAL,  MECHANICAL,  CULTURAL,
BIOLOGICAL  AND  EDUCATIONAL  TACTICS TO CONTROL CONDITIONS THAT PROMOTE
PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT  TOLERABLE  DAMAGE  OR
ANNOYANCE LEVELS; AND ONLY AS A LAST RESORT, UTILIZES LEAST-TOXIC PESTI-
CIDE  CONTROLS.  THE OVERALL GOAL OF SUCH MANAGEMENT IS TO ELIMINATE THE
UNNECESSARY USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES.
  (C) "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE.
  2. TO ENSURE THAT MUNICIPAL FACILITIES ARE SAFE AND  HEALTHY  ENVIRON-
MENTS  FOR WORKERS, THE PUBLIC AND OTHER OCCUPANTS, CERTAIN REQUIREMENTS
SHALL BE PLACED ON PESTICIDE USE IN SUCH FACILITIES.
  3. EVERY MUNICIPALITY SHALL ESTABLISH AN  INTEGRATED  PEST  MANAGEMENT
PLAN  FOR  ALL  PEST  CONTROL ACTIVITIES. ALL SUCH PLANS SHALL BE ESTAB-
LISHED AFTER PUBLIC REVIEW AND APPROVAL BY THE GOVERNING  BOARD  OF  THE
MUNICIPALITY.  SUCH PLANS SHALL UTILIZE INTEGRATED PEST MANAGEMENT TECH-
NIQUES  TO  MANAGE  AND CONTROL PESTS AND PROBLEMS. EACH INTEGRATED PEST
MANAGEMENT PLAN SHALL INCLUDE A  PROVISION  FOR  PUBLIC  ACCESS  TO  ALL
INFORMATION  ABOUT  THE  IMPLEMENTATION  OF THE PLAN. MUNICIPALITIES MAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05888-01-3
              

A. 2473                             2

CREATE ADVISORY COMMITTEES TO ASSIST IN THE  DEVELOPMENT  OF  THE  INTE-
GRATED  PEST  MANAGEMENT  PLAN, AND TO MONITOR THE IMPLEMENTATION OF THE
PLAN.
  4. NO MUNICIPALITY SHALL CONDUCT PESTICIDE APPLICATIONS TO ITS FACILI-
TIES  WHICH  ARE  PREVENTIVE  IN  NATURE AND DO NOT RESPOND TO EXISTING,
VERIFIABLE PEST PROBLEMS. IN EVERY INSTANCE IN WHICH A PESTICIDE  APPLI-
CATION IS CONDUCTED AT A FACILITY, THE MUNICIPALITY SHALL:
  (A)  HAVE  ALL  SUCH  APPLICATIONS CONDUCTED BY A CERTIFIED COMMERCIAL
APPLICATOR. NO PESTICIDE APPLICATION SHALL BE CONDUCTED  BY  ANY  PERSON
WORKING  UNDER  THE DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICA-
TOR;
  (B) PROMINENTLY POST A NOTICE OF THE PESTICIDE APPLICATION AND A  COPY
OF  THE  PESTICIDE  LABEL  IN  A  COMMON  AREA OF A BUILDING WHICH IS TO
RECEIVE THE PESTICIDE APPLICATION. SUCH NOTICE AND A LEGIBLE COPY OF THE
PESTICIDE PRODUCT LABEL SHALL REMAIN POSTED  FOR  AT  LEAST  FORTY-EIGHT
HOURS  FOLLOWING THE PESTICIDE APPLICATION. THE NOTICE SHALL INCLUDE, AT
A MINIMUM, THE NAME AND TELEPHONE NUMBER OF THE  MUNICIPAL  EMPLOYEE  OR
CONTACT  PERSON  WHO SHALL PROVIDE DETAILED INFORMATION ON THE PESTICIDE
APPLICATION. A COPY OF THE PESTICIDE LABEL SHALL BE  MADE  AVAILABLE  TO
ANY  PERSON  REQUESTING  SUCH  LABEL  WITHIN  TWENTY-FOUR  HOURS OF SUCH
REQUEST; AND
  (C) WHEN A PESTICIDE IS TO BE  APPLIED  TO  MUNICIPAL  GROUNDS,  TURF,
TREES  OR  SHRUBS,  VISUAL  NOTIFICATION MARKERS, AS PROVIDED IN SECTION
33-1003 OF THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT  LEAST
EVERY  FIFTY  FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICA-
TION AREA.
  5. EACH MUNICIPALITY SHALL BE  RESPONSIBLE  FOR  PROVIDING  AN  ANNUAL
EVALUATION  OF THE IMPLEMENTATION OF ITS INTEGRATED PEST MANAGEMENT PLAN
AND FOR UPDATING ITS INTEGRATED PEST MANAGEMENT PLAN EVERY THREE  YEARS.
SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE PUBLIC.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.