S T A T E O F N E W Y O R K
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1334--A
Cal. No. 360
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. WRIGHT, COLTON, FIELDS, JAFFEE, ROSENTHAL,
KAVANAGH, PAULIN, PERALTA -- Multi-Sponsored by -- M. of A. BOYLAND,
PHEFFER, REILLY, SCHIMEL, TOWNS, WALKER -- read once and referred to
the Committee on Environmental Conservation -- passed by Assembly and
delivered to the Senate, recalled from the Senate, vote reconsidered,
bill amended, ordered reprinted, retaining its place on the order of
third reading
AN ACT to amend the environmental conservation law, in relation to
creating the state urban pesticide board and providing for the repeal
of certain provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 33 of the environmental conservation law is amended
by adding a new title 17 to read as follows:
TITLE 17
STATE URBAN PESTICIDE BOARD
SECTION 33-1701. CREATION OF STATE URBAN PESTICIDE BOARD.
33-1703. FUNCTIONS, POWERS, AND DUTIES.
33-1705. RESPONSIBILITIES OF THE DEPARTMENT AND OTHER AGENCIES.
S 33-1701. CREATION OF STATE URBAN PESTICIDE BOARD.
1. THERE IS HEREBY CREATED WITHIN THE DEPARTMENT THE "STATE URBAN
PESTICIDE BOARD", REFERRED TO IN THIS TITLE AS THE BOARD. SUCH BOARD
SHALL CONSIST OF TEN MEMBERS, FOUR OF WHOM SHALL BE APPOINTED BY THE
GOVERNOR AND SHALL INCLUDE THE COMMISSIONER AND THE COMMISSIONER OF
HEALTH, THREE OF WHOM SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE, AND THREE OF WHOM SHALL BE APPOINTED BY THE SPEAKER OF THE
ASSEMBLY.
2. THE EIGHT AT LARGE MEMBERS OF THE BOARD SHOULD INCLUDE: A REPRESEN-
TATIVE OF AN ORGANIZATION WHOSE PRIME FUNCTION IS THE ENHANCEMENT OF THE
ENVIRONMENTAL QUALITY OF THE STATE; AN INDIVIDUAL WHO BY PROFESSIONAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00386-02-9
A. 1334--A 2
TRAINING OR EXPERIENCE HAS EXPERTISE IN PUBLIC HEALTH MATTERS; AN INDI-
VIDUAL WHO BY PROFESSIONAL TRAINING OR EXPERIENCE HAS EXPERTISE IN PEST
MANAGEMENT TECHNIQUES; A REPRESENTATIVE FROM THE PESTICIDE APPLICATION
INDUSTRY; A REPRESENTATIVE FROM AN ORGANIZATION CONCERNED WITH TENANTS
RIGHTS IN URBAN AREAS; AND A REPRESENTATIVE OF AN ORGANIZATION FOCUSED
ON ENVIRONMENTAL JUSTICE ISSUES.
3. THE COMMISSIONER AND THE COMMISSIONER OF HEALTH, OR THEIR DESIG-
NEES, SHALL SERVE AS THE CO-CHAIRS OF THE BOARD.
4. THE MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
S 33-1703. FUNCTIONS, POWERS, AND DUTIES.
1. THE BOARD SHALL, AT A MINIMUM:
A. EXAMINE PATTERNS OF PESTICIDE USE IN URBAN AREAS, INCLUDING THE
AMOUNT OF PESTICIDES USED RELATIVE TO OTHER AREAS, THE PARTICULAR TYPES
OF PESTICIDES USED, THE TARGET PESTS BEING ADDRESSED, AND PESTICIDE USE
IN PUBLIC OR ASSISTED HOUSING AND SCHOOLS;
B. RESEARCH NON-TOXIC AND LEAST TOXIC ALTERNATIVE MEANS OF PEST
MANAGEMENT IN URBAN AREAS, INCLUDING INVESTIGATING PRIVATE AND PUBLIC
PILOT PROJECTS IN NEW YORK STATE AND OTHER STATES WHOSE PURPOSE IS TO
IMPLEMENT PEST MANAGEMENT STRATEGIES THAT DO NOT RELY ON HAZARDOUS
PESTICIDES BUT INSTEAD RELY ON PHYSICAL, MECHANICAL, AND BIOLOGICAL
CONTROL METHODS, WITH LEAST-TOXIC PESTICIDES AS A METHOD OF LAST RESORT;
AND
C. SPECIFICALLY EXAMINE THE USE AND SALE OF ILLEGAL PESTICIDES IN
URBAN AREAS.
D. THE BOARD, HOWEVER, SHALL NOT MAKE RECOMMENDATIONS INCONSISTENT
WITH FDA APPROVED PRESCRIPTION THERAPIES WHICH ALSO HAPPEN TO HAVE
PESTICIDAL USES.
2. THE BOARD SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGIS-
LATURE REGARDING ANY POLICY REFORMS AND ENFORCEMENT MEASURES NECESSARY
TO REDUCE THE RISK OF PESTICIDE USE IN URBAN AREAS AND ENCOURAGE USE OF
NON-TOXIC METHODS OF PEST MANAGEMENT. THE BOARD SHALL ISSUE A PRELIMI-
NARY REPORT TO THE GOVERNOR AND THE LEGISLATURE NO LATER THAN JANUARY
FIFTEENTH, TWO THOUSAND TEN AND A FINAL REPORT NO LATER THAN JANUARY
FIFTEENTH, TWO THOUSAND ELEVEN.
3. THE BOARD SHALL UTILIZE RESOURCES OF THE DEPARTMENT, INCLUDING, BUT
NOT LIMITED TO, PESTICIDE REPORTING DATA FILED UNDER TITLE TWELVE OF
THIS ARTICLE.
4. FOR THE PURPOSES OF THIS TITLE, "URBAN AREAS" SHALL MEAN CITIES OR
TOWNS WITH A POPULATION DENSITY OF GREATER THAN ONE THOUSAND PERSONS PER
SQUARE MILE.
S 33-1705. RESPONSIBILITIES OF THE DEPARTMENT AND OTHER AGENCIES.
THE DEPARTMENT AND THE DEPARTMENT OF HEALTH SHALL PROVIDE THE BOARD
WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL ENABLE THE BOARD TO
CARRY OUT ITS POWERS AND DUTIES. ADDITIONALLY, ALL OTHER AGENCIES OF THE
STATE OR SUBDIVISIONS THEREOF SHALL, AT THE REQUEST OF THE CO-CHAIRS
PROVIDE THE BOARD WITH SUCH FACILITIES, ASSISTANCE, AND DATA AS WILL
ENABLE THE BOARD TO CARRY OUT ITS POWER AND DUTIES.
S 2. Paragraph b of subdivision 3 of section 33-0905 of the environ-
mental conservation law, as added by chapter 612 of the laws of 1983, is
amended to read as follows:
b. An applicant for certification shall satisfy the commissioner as to
his OR HER knowledge and experience concerning the proper use and appli-
cation of pesticides [and], pesticide application equipment, AND PEST
MANAGEMENT TECHNIQUES THAT DO NOT INVOLVE THE USE OF PESTICIDES, INCLUD-
A. 1334--A 3
ING BUT NOT LIMITED TO STRUCTURAL IMPROVEMENTS, MECHANICAL CONTROLS, AND
BIOLOGICAL CONTROLS, through examination prior to initial certification.
Recertification shall be by training, workbook, or examination as
required by the commissioner.
S 3. This act shall take effect immediately; provided, however, that
section one of this act shall remain in full force and effect until
April 1, 2011, when upon such date the provisions of such section shall
expire and be deemed repealed.