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Assembly Bill A7937

Signed By Governor

2009-2010 Legislative Session

Prohibits the use of certain toxic chemicals for lawn and grounds maintenance at schools and day care centers

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Archive: Last Bill Status Via S4983 - Signed by Governor

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Bill Amendments

2009-A7937 - Details

Laws Affected:
Amd §33-0303, En Con L; add §409-k, Ed L; add §390-g, amd §389, Soc Serv L

2009-A7937 - Summary

Prohibits the use of certain toxic chemicals for lawn and grounds maintenance at schools and day care centers.

2009-A7937 - Bill Text download pdf 

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

                                  7937

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, McDONOUGH, EDDINGTON -- Multi-Spon-
  sored by -- M. of A.  GOTTFRIED, JOHN, KOON, WALKER -- read  once  and
  referred to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the use of certain toxic chemicals for  lawn  and  grounds
  maintenance

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

  Section 1. Legislative findings and intent. The legislature finds  and
declares  that  it  is  the  policy  of the state to prevent unnecessary
endangerment of human health and  environmental  quality.  In  order  to
further this mission, the risks posed by the use of toxic chemicals must
be  evaluated  in light of the benefits derived. The use of toxic chemi-
cals for the purely aesthetic purpose of lawn  and  grounds  maintenance
confers  no  public health or environmental benefit, yet exposes people,
often without their knowledge or consent, to many chemicals  with  seri-
ous,  deleterious effects on human health and the environment. It is the
intent of the legislature to  prevent  such  unwarranted  exposure  from
purely aesthetic use.
  S  2. Section 33-1301 of the environmental conservation law is amended
by adding a new subdivision 12 to read as follows:
  12. FOR THE FOLLOWING PESTICIDES TO BE USED IN COMMERCIAL LAWN  APPLI-
CATION, FLOWER BED APPLICATION, GOLF COURSE APPLICATION, DAY CARE CENTER
AND  SCHOOL  OUTDOOR  APPLICATIONS, AND RESIDENTIAL LAWN APPLICATION FOR
THE PURPOSE OF PEST CONTROL ON ORNAMENTALS AND TURF OR TO BE USED BY ANY
STATE AGENCY AS DEFINED IN SUBDIVISION FOUR OF SECTION ONE  HUNDRED  ONE
OF  THE  STATE  TECHNOLOGY  LAW  OR  MUNICIPAL CORPORATION AS DEFINED IN
SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW  FOR  THE  PURPOSE  OF
PEST CONTROL ON ORNAMENTALS AND TURF:
  A.  ANY  PESTICIDE THAT IS CLASSIFIED AS A KNOWN, PROBABLE, LIKELY, OR
POSSIBLE HUMAN CARCINOGEN BY THE UNITED STATES ENVIRONMENTAL  PROTECTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07103-03-9

co-Sponsors

multi-Sponsors

2009-A7937A - Details

Laws Affected:
Amd §33-0303, En Con L; add §409-k, Ed L; add §390-g, amd §389, Soc Serv L

2009-A7937A - Summary

Prohibits the use of certain toxic chemicals for lawn and grounds maintenance at schools and day care centers.

2009-A7937A - Sponsor Memo

2009-A7937A - Bill Text download pdf 

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

                                 7937--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. ENGLEBRIGHT, McDONOUGH, FIELDS -- Multi-Sponsored
  by  --  M. of A. CONTE, GOTTFRIED, JOHN, KOON, THIELE -- read once and
  referred to the Committee on Environmental Conservation  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the environmental conservation law and the education
  law, in relation to the use and guidance of pesticide alternatives

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

  Section  1.  Section  33-0303 of the environmental conservation law is
amended by adding a new subdivision 7 to read as follows:
  7. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  EDUCA-
TION AND THE COMMISSIONER OF HEALTH, SHALL DEVELOP GUIDANCE ON PESTICIDE
ALTERNATIVES  TO  FACILITATE COMPLIANCE WITH SECTION FOUR HUNDRED NINE-K
OF THE EDUCATION LAW.
  S 2. The education law is amended by adding a  new  section  409-k  to
read as follows:
  S  409-K.  PESTICIDE ALTERNATIVES. 1. FOR PURPOSES OF THIS SECTION THE
FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
  (A) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PARO-
CHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  (B) "DAY CARE" SHALL APPLY TO ALL CHILD DAY CARE CENTERS OR HEAD START
DAY CARE CENTERS, AS DEFINED IN SECTION  THREE  HUNDRED  NINETY  OF  THE
SOCIAL SERVICES LAW.
  (C)  "PESTICIDE"  SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVI-
SION THIRTY-FIVE OF SECTION 33-0101 OF  THE  ENVIRONMENTAL  CONSERVATION
LAW, PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (I)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
(2);

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD07103-08-9

co-Sponsors

multi-Sponsors

2009-A7937B - Details

Laws Affected:
Amd §33-0303, En Con L; add §409-k, Ed L; add §390-g, amd §389, Soc Serv L

2009-A7937B - Summary

Prohibits the use of certain toxic chemicals for lawn and grounds maintenance at schools and day care centers.

2009-A7937B - Sponsor Memo

2009-A7937B - Bill Text download pdf 

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

                                 7937--B
                                                        Cal. No. 537

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  McDONOUGH,  FIELDS, LATIMER --
  Multi-Sponsored by -- M. of A. BOYLE, CONTE,  GOTTFRIED,  JOHN,  KOON,
  PHEFFER, THIELE -- read once and referred to the Committee on Environ-
  mental  Conservation  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place on the order of third reading

AN ACT to amend the environmental conservation  law  and  the  education
  law, in relation to the use and guidance of pesticide alternatives

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

  Section 1. Section 33-0303 of the environmental  conservation  law  is
amended by adding a new subdivision 7 to read as follows:
  7.  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCA-
TION AND THE COMMISSIONER OF HEALTH, SHALL DEVELOP GUIDANCE ON PESTICIDE
ALTERNATIVES TO FACILITATE COMPLIANCE WITH SECTION FOUR  HUNDRED  NINE-K
OF THE EDUCATION LAW.
  S  2.  The  education  law is amended by adding a new section 409-k to
read as follows:
  S 409-K. PESTICIDE ALTERNATIVES. 1. FOR PURPOSES OF THIS  SECTION  THE
FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
  (A) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PARO-
CHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  (B) "DAY CARE" SHALL APPLY TO ALL CHILD DAY CARE CENTERS OR HEAD START
DAY  CARE  CENTERS,  AS  DEFINED  IN SECTION THREE HUNDRED NINETY OF THE
SOCIAL SERVICES LAW.
  (C) "PESTICIDE" SHALL HAVE THE SAME MEANING AS SET FORTH  IN  SUBDIVI-
SION  THIRTY-FIVE  OF  SECTION 33-0101 OF THE ENVIRONMENTAL CONSERVATION
LAW, PROVIDED HOWEVER THAT SUCH TERM SHALL NOT INCLUDE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07103-20-0

co-Sponsors

multi-Sponsors

2009-A7937C (ACTIVE) - Details

Laws Affected:
Amd §33-0303, En Con L; add §409-k, Ed L; add §390-g, amd §389, Soc Serv L

2009-A7937C (ACTIVE) - Summary

Prohibits the use of certain toxic chemicals for lawn and grounds maintenance at schools and day care centers.

2009-A7937C (ACTIVE) - Bill Text download pdf 

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

                                 7937--C
                                                        Cal. No. 537

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT,  McDONOUGH,  FIELDS, LATIMER --
  Multi-Sponsored by -- M. of A. BOYLE, CONTE,  GOTTFRIED,  JOHN,  KOON,
  PHEFFER, THIELE -- read once and referred to the Committee on Environ-
  mental  Conservation  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  from  committee,  advanced  to  a  third  reading, amended and ordered
  reprinted, retaining its place  on  the  order  of  third  reading  --
  reported  from  committee,  advanced  to  a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the environmental conservation law,  the  education  law
  and  the  social  services law, in relation to the use and guidance of
  pesticide alternatives

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

  Section  1.  Section  33-0303 of the environmental conservation law is
amended by adding a new subdivision 7 to read as follows:
  7. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  EDUCA-
TION AND THE COMMISSIONER OF HEALTH, SHALL DEVELOP GUIDANCE ON PESTICIDE
ALTERNATIVES  TO  FACILITATE COMPLIANCE WITH SECTION FOUR HUNDRED NINE-K
OF THE EDUCATION LAW AND THREE HUNDRED NINETY-G OF THE  SOCIAL  SERVICES
LAW.
  S  2.  The  education  law is amended by adding a new section 409-k to
read as follows:
  S 409-K. PESTICIDE ALTERNATIVES. 1. FOR PURPOSES OF THIS  SECTION  THE
FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
  (A) "SCHOOL" SHALL MEAN ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PARO-
CHIAL SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  (B)  "PESTICIDE"  SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVI-
SION THIRTY-FIVE OF SECTION 33-0101 OF  THE  ENVIRONMENTAL  CONSERVATION
LAW, PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07103-24-0

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