S T A T E   O F   N E W   Y O R K
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                                  1883

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, RIVERA, TITUS, GALEF, SCHIMEL --
  Multi-Sponsored by -- M.  of A. COLTON, GOTTFRIED, PERRY -- read  once
  and referred to the Committee on Environmental Conservation

AN  ACT to amend the parks, recreation and historic preservation law and
  the general municipal law, in relation to  non-toxic  pest  management
  and fertilization of park lands

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

  Section 1. Legislative findings. The legislature hereby finds that the
use of pesticides and chemical  fertilizers  is  incompatible  with  the
protection  of  natural  resources and pollution prevention. In order to
protect public health and avoid contamination of  the  environment,  the
legislature has determined that all park lands which are owned or leased
by  the office of parks, recreation and historic preservation or a muni-
cipality, shall be managed in a manner which avoids  the  use  of  toxic
materials  and  encourages  the use of natural materials and techniques.
All government agencies shall be required  to  utilize  an  approach  to
natural resource management which embodies these concepts.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 13.12 to read as follows:
  S  13.12  NON-TOXIC PEST MANAGEMENT AND FERTILIZATION. 1. NO PESTICIDE
OR CHEMICAL FERTILIZER SHALL BE APPLIED  TO  ANY  STATE  PARK,  PARKWAY,
RECREATION  FACILITY  OR  HISTORIC SITE UNDER THE CUSTODY AND CONTROL OF
THE OFFICE.
  2. TO ASSIST THE OFFICE IN MEETING THE REQUIREMENTS  OF  THIS  SECTION
AND  MUNICIPALITIES IN MEETING THE REQUIREMENTS OF SECTION NINETY-NINE-X
OF THE GENERAL MUNICIPAL LAW, A STATE PEST MANAGEMENT COMMITTEE SHALL BE
CREATED AND APPOINTED WITHIN NINETY DAYS OF THE EFFECTIVE DATE  OF  THIS
SECTION,  TO DEVELOP PROCEDURES, METHODS AND OTHER INFORMATION WHICH MAY
BE USED TO ACCOMPLISH PEST MANAGEMENT ON  PUBLIC  LANDS.  THE  COMMITTEE
SHALL  CONSIST  OF  A  REPRESENTATIVE OF THE DEPARTMENT OF ENVIRONMENTAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05859-01-5
              

A. 1883                             2

CONSERVATION, THE OFFICE, THE ADIRONDACK  PARK  AGENCY,  THE  OFFICE  OF
GENERAL SERVICES, THE DEPARTMENT OF HEALTH, AND SIX MEMBERS APPOINTED BY
THE  GOVERNOR; TWO EACH UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
BLY  AND  THE  TEMPORARY  PRESIDENT  OF  THE SENATE. ALL PERSONS WHO ARE
APPOINTED SHALL HAVE EXPERTISE APPROPRIATE TO THE GOALS AND REQUIREMENTS
OF THE COMMITTEE.
  3. THE OFFICE SHALL DEVELOP AND FILE A PEST MANAGEMENT  PLAN  FOR  ALL
LAND  UNDER ITS CUSTODY AND CONTROL WITH THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION WITHIN ONE HUNDRED TWENTY DAYS OF  THE  EFFECTIVE  DATE  OF
THIS  SECTION.  SUCH PLAN SHALL DOCUMENT THE PROCEDURES FOR IDENTIFYING,
MONITORING AND CORRECTING PEST PROBLEMS ON THE LANDS WHICH  IT  MANAGES.
SUCH  PLAN  SHALL  INCLUDE  PROCEDURES FOR HANDLING UNANTICIPATED PUBLIC
HEALTH EMERGENCIES. WHEN A DOCUMENTED PUBLIC  HEALTH  EMERGENCY  ARISES,
WHICH  IS  CONFIRMED  BY  THE DEPARTMENT OF HEALTH, THE OFFICE MAY USE A
LEAST-TOXIC AVAILABLE PESTICIDE TO CONTROL A PEST PROBLEM ONLY AS A LAST
RESORT.
  S 3. The general municipal law is amended by adding a new section 99-x
to read as follows:
  S 99-X. NON-TOXIC PEST MANAGEMENT AND FERTILIZATION OF PARK LANDS.  1.
NO  PESTICIDE  OR  CHEMICAL FERTILIZER SHALL BE APPLIED TO ANY PARK LAND
UNDER THE CUSTODY AND CONTROL OF A MUNICIPAL CORPORATION.
  2. EACH MUNICIPAL CORPORATION SHALL DEVELOP AND FILE A PEST MANAGEMENT
PLAN FOR ITS PARK LANDS WITH THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVA-
TION  WITHIN  ONE  HUNDRED  TWENTY  DAYS  OF  THE EFFECTIVE DATE OF THIS
SECTION. EACH SUCH PLAN SHALL DOCUMENT PROCEDURES FOR IDENTIFYING, MONI-
TORING AND CORRECTING PEST PROBLEMS ON  PARK  LANDS  WHICH  IT  MANAGES.
SUCH  PLANS  SHALL  INCLUDE PROCEDURES FOR HANDLING UNANTICIPATED PUBLIC
HEALTH EMERGENCIES. WHEN A DOCUMENTED PUBLIC  HEALTH  EMERGENCY  ARISES,
WHICH  IS  CONFIRMED  BY  THE DEPARTMENT OF HEALTH, THE MUNICIPAL CORPO-
RATION MAY USE A LEAST-TOXIC AVAILABLE PESTICIDE TO CONTROL A PEST PROB-
LEM ONLY AS A LAST RESORT.
  S 4. This act shall take effect immediately.