S T A T E O F N E W Y O R K
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5848--B
Cal. No. 408
2009-2010 Regular Sessions
I N A S S E M B L Y
February 20, 2009
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Introduced by M. of A. BRODSKY, ENGLEBRIGHT, DINOWITZ, CARROZZA, COLTON,
PEOPLES-STOKES, P. RIVERA, FIELDS, JAFFEE, ROSENTHAL, BROOK-KRASNY,
PAULIN, PERALTA, KAVANAGH -- Multi-Sponsored by -- M. of A. BOYLAND,
CUSICK, GOTTFRIED, LUPARDO, McENENY, PHEFFER, REILLY -- read once and
referred to the Committee on Environmental Conservation -- reported
from committee, advanced to a third reading, amended and ordered
reprinted, retaining its place on the order of third reading -- again
amended on third reading, ordered reprinted, retaining its place on
the order of third reading
AN ACT to amend the environmental conservation law, in relation to the
phase-out of state use of pesticides
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds and declares
that pesticides are linked to a number of acute and chronic health prob-
lems and that it is therefore the policy of the state to phase-out
pesticide use by the government for many pest control purposes and to
adopt a pest control policy that substantially relies on non-chemical
pest control strategies.
S 2. Article 33 of the environmental conservation law is amended by
adding a new title 8 to read as follows:
TITLE 8
PHASE-OUT OF STATE
USE OF PESTICIDES
SECTION 33-0801. DEFINITIONS.
33-0803. PHASE-OUT OF STATE USE OF PESTICIDES.
S 33-0801. DEFINITIONS.
AS USED IN THIS TITLE:
1. "ANTIMICROBIAL PESTICIDE" MEANS A PESTICIDE THAT: (A) IS INTENDED
TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE GROWTH OR DEVELOPMENT OF
MICROBIOLOGICAL ORGANISMS; (B) IS INTENDED TO PROTECT INANIMATE OBJECTS,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07351-04-0
A. 5848--B 2
INDUSTRIAL PROCESSES OR SYSTEMS, SURFACES, WATER, OR OTHER CHEMICAL
SUBSTANCES FROM CONTAMINATION, FOULING, OR DETERIORATION CAUSED BY
BACTERIA, VIRUSES, FUNGI, PROTOZOA, ALGAE, OR SLIME; OR (C) IN THE
INTENDED USE IS EXEMPT FROM, OR OTHERWISE NOT SUBJECT TO, A TOLERANCE
UNDER APPROPRIATE PROVISIONS OF FEDERAL LAW.
2. "ANTIMICROBIAL PESTICIDE" DOES NOT INCLUDE: (A) A WOOD PRESERVATIVE
OR ANTIFOULING PAINT PRODUCT FOR WHICH A CLAIM OF PESTICIDAL ACTIVITY IS
MADE; (B) AN AGRICULTURAL FUNGICIDE PRODUCT; OR (C) AN AQUATIC HERBICIDE
PRODUCT.
S 33-0803. PHASE-OUT OF STATE USE OF PESTICIDES.
1. EFFECTIVE JANUARY FIRST, TWO THOUSAND ELEVEN, NO STATE DEPARTMENT,
AGENCY, OR PUBLIC BENEFIT CORPORATION OR ANY PESTICIDE APPLICATOR
EMPLOYED THEREBY AS A CONTRACTOR OR SUBCONTRACTOR FOR PEST CONTROL
PURPOSES, SHALL APPLY ON STATE PROPERTY ANY PESTICIDE CLASSIFIED AS
TOXICITY CATEGORY I BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
CY, OR ANY PESTICIDE CLASSIFIED AS A KNOWN, LIKELY, OR PROBABLE HUMAN
CARCINOGEN BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, EXCEPT
AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
2. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWELVE, NO STATE DEPARTMENT,
AGENCY, OR PUBLIC BENEFIT CORPORATION, OR ANY PESTICIDE APPLICATOR
EMPLOYED THEREBY AS A CONTRACTOR OR SUBCONTRACTOR FOR PEST CONTROL
PURPOSES, SHALL APPLY ON STATE PROPERTY ANY PESTICIDE CLASSIFIED AS
TOXICITY CATEGORY II BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
CY, ANY PESTICIDE CLASSIFIED AS A POSSIBLE HUMAN CARCINOGEN BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, OR ANY PESTICIDE CLASSI-
FIED AS RESTRICTED USE BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY OR THE DEPARTMENT, EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS
SECTION.
3. EFFECTIVE JANUARY FIRST, TWO THOUSAND THIRTEEN, NO STATE DEPART-
MENT, AGENCY, OR PUBLIC BENEFIT CORPORATION OR ANY PESTICIDE APPLICATOR
EMPLOYED THEREBY AS A CONTRACTOR OR SUBCONTRACTOR FOR PEST CONTROL
PURPOSES SHALL APPLY ANY PESTICIDE ON STATE PROPERTY, EXCEPT AS PROVIDED
IN SUBDIVISION FOUR OF THIS SECTION.
4. THE PROVISIONS OF SUBDIVISIONS ONE, TWO, AND THREE OF THIS SECTION
SHALL NOT APPLY TO THE FOLLOWING:
(A) PESTICIDES OTHERWISE LAWFULLY USED FOR THE PURPOSE OF MAINTAINING
A SAFE DRINKING WATER SUPPLY AT DRINKING WATER TREATMENT PLANTS, WASTE-
WATER TREATMENT PLANTS, RESERVOIRS, AND RELATED COLLECTION, DISTRIB-
UTION, AND TREATMENT FACILITIES;
(B) ANTIMICROBIAL PESTICIDES;
(C) PESTICIDES IN CONTAINED BAITS FOR THE PURPOSES OF RODENT CONTROL;
AND
(D) PESTICIDES CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY AS EXEMPT MATERIALS UNDER 40 CFR 152.25.
5. ON OR BEFORE JANUARY FIRST, TWO THOUSAND ELEVEN, THE DEPARTMENT
SHALL ADOPT A PEST MANAGEMENT PLAN FOR EVERY STATE DEPARTMENT, AGENCY,
AND PUBLIC BENEFIT CORPORATION. SUCH PLAN SHALL TAKE EFFECT ON JANUARY
FIRST, TWO THOUSAND ELEVEN AND SHALL BE CONSISTENT WITH THE PROVISIONS
OF THIS TITLE. SUCH PLAN SHALL ADDRESS PEST POPULATION MONITORING,
LEAST-TOXIC PESTICIDES FOR USE PRIOR TO JANUARY FIRST, TWO THOUSAND
THIRTEEN, AND NON-CHEMICAL PEST CONTROL STRATEGIES FOR USE AFTER SUCH
DATE, WHICH WILL EFFECTIVELY MANAGE PEST PROBLEMS IN A COMPREHENSIVE
MANNER.
6. SHOULD ANY STATE DEPARTMENT, AGENCY, OR PUBLIC BENEFIT CORPORATION
DETERMINE THAT A HUMAN HEALTH EMERGENCY WARRANTS THE USE OF A PESTICIDE
THAT WOULD OTHERWISE NOT BE ALLOWED UNDER THIS TITLE, IT MAY APPLY FOR A
A. 5848--B 3
SINGLE-USE WAIVER FROM THE DEPARTMENT OF HEALTH. THE DEPARTMENT OF
HEALTH SHALL DETERMINE IF SUCH A WAIVER IS WARRANTED BASED ON THE
FOLLOWING CRITERIA:
(A) THE PEST SITUATION POSES AN IMMEDIATE THREAT TO HUMAN HEALTH; AND
(B) VIABLE ALTERNATIVES DO NOT EXIST (SUCH A DETERMINATION SHALL BE
MADE IN CONSULTATION WITH THE CORNELL COOPERATIVE EXTENSION SERVICE
INTEGRATED PEST MANAGEMENT PROGRAM).
AS A CONDITION OF APPROVAL, THE DEPARTMENT OF HEALTH SHALL REQUIRE A
COMMITMENT FROM EVERY STATE DEPARTMENT, AGENCY, AND PUBLIC BENEFIT
CORPORATION THAT THE UNDERLYING CAUSES OF THE PEST OUTBREAK WILL BE
ADDRESSED IN ORDER TO PREVENT FUTURE OUTBREAKS.
7. THE FOLLOWING ACTIVITIES SHALL BE EXEMPT FROM THE PROVISIONS OF
THIS TITLE:
(A) PESTICIDES USED FOR AGRICULTURAL RESEARCH PURPOSES AT THE STATE
UNIVERSITY COLLEGE OF TECHNOLOGY AT ALFRED, THE STATE UNIVERSITY COLLEGE
OF TECHNOLOGY AT CANTON, THE STATE UNIVERSITY COLLEGE OF AGRICULTURE AT
COBLESKILL, THE STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT DELHI, THE
STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT FARMINGDALE, THE STATE UNIVER-
SITY COLLEGE OF AGRICULTURE AT MORRISVILLE, THE STATE UNIVERSITY COLLEGE
OF TECHNOLOGY AT UTICA/ROME, AND THE NEW YORK STATE STATUTORY COLLEGES
AT CORNELL, INCLUDING THE AGRICULTURAL EXPERIMENT STATION AT GENEVA AND
ITS FIELD OFFICES.
(B) THE USE OF ROTENONE AND ASSOCIATED RESINS AS A PISCICIDE FOR
PURPOSES DIRECTLY RELATED TO THE RECLAMATION OF FRESHWATER WATER BODIES
TO PREPARE FOR THE REINTRODUCTION OF NATIVE SPECIES. WATER TREATED WITH
ROTENONE SHALL NOT BE USED AS POTABLE WATER OR FOR IRRIGATION OF CROPS.
S 3. This act shall take effect immediately.