NY State Assembly Bill 2009-A8483

Assembly Bill A8483

2009-2010 Legislative Session

Requires notices relating to lawn pesticides to be printed in the Spanish language in areas of the state with a significant number of Spanish speaking residents

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Jun 10, 2009	print number 8483a
Jun 10, 2009	amend and recommit to environmental conservation
May 21, 2009	referred to environmental conservation

Bill Amendments

Original

A (Active)

2009-A8483 - Details

Current Committee:: Assembly Environmental Conservation
Laws Affected:: Amd §§33-1004 & 33-1005, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4681
2013-2014: A6135
2015-2016: A4451
2017-2018: A4936
2019-2020: A5169

2009-A8483 - Summary

Requires the written notices, signs and markers required for pesticides for commercial and residential lawn application to be printed in the Spanish language in areas of the state with a significant number of Spanish speaking residents.

2009-A8483 - Bill Text download pdf

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

                                  8483

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by  M.  of A. RAMOS -- Multi-Sponsored by -- M. of A. ENGLE-
  BRIGHT -- read once and referred to  the  Committee  on  Environmental
  Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  requiring certain signs and notices relating to pesticides for commer-
  cial or residential lawn application to  be  printed  in  the  Spanish
  language  in areas with a significant number of Spanish speaking resi-
  dents

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

  Section  1.  Paragraph  a  of  subdivision 1 of section 33-1004 of the
environmental conservation law, as added by chapter 285 of the  laws  of
2000, is amended to read as follows:
  a.  All  retail  establishments  that  sell general use pesticides for
commercial or residential lawn application shall display a sign  meeting
standards,  established  by the commissioner pursuant to subdivision one
of section 33-1005 of this article, in a  conspicuous  place,  and  such
sign shall be placed as close as possible to the place where such pesti-
cides  are displayed.   SUCH STANDARDS OF THE COMMISSIONER SHALL PROVIDE
THAT IN AREAS OF THE STATE WITH A SIGNIFICANT NUMBER OF SPANISH SPEAKING
RESIDENTS, THE SIGNS REQUIRED BY THIS PARAGRAPH SHALL BE PRINTED IN BOTH
THE ENGLISH AND SPANISH LANGUAGES.
  S 2. Subparagraph (i) of paragraph  b  of  subdivision  1  of  section
33-1004  of  the environmental conservation law, as added by chapter 285
of the laws of 2000, is amended to read as follows:
  (i) At least forty-eight hours prior to any commercial  lawn  applica-
tion  of  a  pesticide,  the  person or business making such application
shall supply written notice, as defined in subdivision three of  section
33-1005  of  this  article, to occupants of all dwellings, as defined in
paragraph d of subdivision five of section 33-0905 of this  article,  on
abutting  property with a boundary that is within one hundred fifty feet

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11910-01-9

A. 8483                             2

of the site of such application; and to owners, owners' agents, or other
persons in a position of authority for all other types of  premises,  as
defined  in  paragraph  d of subdivision five of section 33-0905 of this
article,  that  are  on abutting property with a boundary that is within
one hundred fifty feet of the site of such  application.    THE  WRITTEN
NOTICE  REQUIRED  BY THIS PARAGRAPH SHALL BE PRINTED IN BOTH THE ENGLISH
AND SPANISH LANGUAGES IN AREAS OF THE STATE WITH A SIGNIFICANT NUMBER OF
SPANISH SPEAKING RESIDENTS. Owners or owners' agents of multiple  family
dwellings  shall  supply  such  written  notice to the occupants of such
multiple family dwellings and for all other types of  premises,  owners,
owners'  agents  or  other persons in a position of authority shall post
such written notice in a manner specified by the commissioner.
  S 3. Subparagraph (i) of paragraph  c  of  subdivision  1  of  section
33-1004  of  the environmental conservation law, as added by chapter 285
of the laws of 2000, is amended to read as follows:
  (i) All persons performing residential lawn applications  treating  an
area  more than one hundred square feet shall affix markers to be placed
within or along the perimeter of  the  area  where  pesticides  will  be
applied. Markers are to be placed so as to be clearly visible to persons
immediately  outside  the perimeter of such property. Such markers shall
be posted at least twelve inches above the ground and shall be at  least
four  inches by five inches in size.  FURTHERMORE, SUCH MARKERS SHALL BE
PRINTED IN BOTH THE ENGLISH AND SPANISH LANGUAGES IN AREAS OF THE  STATE
WITH A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS.
  S  4. The opening paragraph of subdivision 1 of section 33-1005 of the
environmental conservation law, as added by chapter 285 of the  laws  of
2000, is amended to read as follows:
  The  commissioner  shall promulgate rules and regulations establishing
uniform standards for a consumer pesticide use  information  sign  which
shall  be  placed  in retail establishments that sell general use pesti-
cides for commercial or residential lawn application. SUCH UNIFORM STAN-
DARDS SHALL REQUIRE THAT SIGNS IN AREAS OF THE STATE WITH A  SIGNIFICANT
NUMBER  OF SPANISH SPEAKING RESIDENTS BE PRINTED IN BOTH THE ENGLISH AND
SPANISH LANGUAGES. This sign shall contain the following information:
  S 5. Subdivision 2 of section 33-1005 of the  environmental  conserva-
tion  law,  as  added  by chapter 285 of the laws of 2000, is amended to
read as follows:
  2. The commissioner shall prepare and publish,  in  consultation  with
the  commissioner  of health, educational materials, IN BOTH THE ENGLISH
AND SPANISH LANGUAGES, explaining the requirements of paragraphs b and c
of subdivision one of section 33-1004 of this article and section  three
hundred  ninety-c  of the social services law and the human and environ-
mental health effects of lawn care pesticides.
  S 6. Subdivision 3 of section 33-1005 of the  environmental  conserva-
tion  law,  as  added  by chapter 285 of the laws of 2000, is amended by
adding a new paragraph c to read as follows:
  C. THE WRITTEN NOTICE REQUIRED BY PARAGRAPH B OF  SUBDIVISION  ONE  OF
SECTION  33-1004  OF  THIS  ARTICLE  SHALL, IN AREAS OF THE STATE WITH A
SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS, BE PRINTED IN BOTH THE
ENGLISH AND SPANISH LANGUAGES.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

2009-A8483A (ACTIVE) - Details

Current Committee:: Assembly Environmental Conservation
Laws Affected:: Amd §§33-1004 & 33-1005, En Con L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A4681
2013-2014: A6135
2015-2016: A4451
2017-2018: A4936
2019-2020: A5169

2009-A8483A (ACTIVE) - Summary

2009-A8483A (ACTIVE) - Sponsor Memo

2009-A8483A (ACTIVE) - Bill Text download pdf

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

                                 8483--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced  by  M.  of A. RAMOS -- Multi-Sponsored by -- M. of A. ENGLE-
  BRIGHT -- 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,  in  relation  to
  requiring certain signs and notices relating to pesticides for commer-
  cial  or  residential  lawn  application  to be printed in the Spanish
  language in areas with a significant number of Spanish speaking  resi-
  dents

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

  Section 1. Paragraph a of subdivision 1  of  section  33-1004  of  the
environmental  conservation  law, as added by chapter 285 of the laws of
2000, is amended to read as follows:
  a. All retail establishments that  sell  general  use  pesticides  for
commercial  or residential lawn application shall display a sign meeting
standards, established by the commissioner pursuant to  subdivision  one
of  section  33-1005  of  this article, in a conspicuous place, and such
sign shall be placed as close as possible to the place where such pesti-
cides are displayed.  SUCH STANDARDS OF THE COMMISSIONER  SHALL  PROVIDE
THAT IN AREAS OF THE STATE WITH A SIGNIFICANT NUMBER OF SPANISH SPEAKING
RESIDENTS, THE SIGNS REQUIRED BY THIS PARAGRAPH SHALL BE PRINTED IN BOTH
THE  ENGLISH  AND  SPANISH LANGUAGES.   THE COMMISSIONER SHALL ESTABLISH
RULES AND REGULATIONS REGARDING WHAT CONSTITUTES A SIGNIFICANT NUMBER OF
SPANISH SPEAKING RESIDENTS.
  S 2. Subparagraph (i) of paragraph  b  of  subdivision  1  of  section
33-1004  of  the environmental conservation law, as added by chapter 285
of the laws of 2000, is amended to read as follows:
  (i) At least forty-eight hours prior to any commercial  lawn  applica-
tion  of  a  pesticide,  the  person or business making such application
shall supply written notice, as defined in subdivision three of  section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11910-03-9

A. 8483--A                          2

33-1005  of  this  article, to occupants of all dwellings, as defined in
paragraph d of subdivision five of section 33-0905 of this  article,  on
abutting  property with a boundary that is within one hundred fifty feet
of the site of such application; and to owners, owners' agents, or other
persons  in  a position of authority for all other types of premises, as
defined in paragraph d of subdivision five of section  33-0905  of  this
article,  that  are  on abutting property with a boundary that is within
one hundred fifty feet of the site of such  application.    THE  WRITTEN
NOTICE  REQUIRED  BY THIS PARAGRAPH SHALL BE PRINTED IN BOTH THE ENGLISH
AND SPANISH LANGUAGES IN AREAS OF THE STATE WITH A SIGNIFICANT NUMBER OF
SPANISH SPEAKING RESIDENTS. THE COMMISSIONER SHALL ESTABLISH  RULES  AND
REGULATIONS  REGARDING  WHAT CONSTITUTES A SIGNIFICANT NUMBER OF SPANISH
SPEAKING RESIDENTS. Owners or owners' agents of multiple  family  dwell-
ings  shall supply such written notice to the occupants of such multiple
family dwellings and for all other types of  premises,  owners,  owners'
agents or other persons in a position of authority shall post such writ-
ten notice in a manner specified by the commissioner.
  S  3.  Subparagraph  (i)  of  paragraph  c of subdivision 1 of section
33-1004 of the environmental conservation law, as added by  chapter  285
of the laws of 2000, is amended to read as follows:
  (i)  All  persons performing residential lawn applications treating an
area more than one hundred square feet shall affix markers to be  placed
within  or  along  the  perimeter  of  the area where pesticides will be
applied. Markers are to be placed so as to be clearly visible to persons
immediately outside the perimeter of such property. Such  markers  shall
be  posted at least twelve inches above the ground and shall be at least
four inches by five inches in size.  FURTHERMORE, SUCH MARKERS SHALL  BE
PRINTED  IN BOTH THE ENGLISH AND SPANISH LANGUAGES IN AREAS OF THE STATE
WITH A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS.    THE  COMMIS-
SIONER  SHALL ESTABLISH RULES AND REGULATIONS REGARDING WHAT CONSTITUTES
A SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS.
  S 4. The opening paragraph of subdivision 1 of section 33-1005 of  the
environmental  conservation  law, as added by chapter 285 of the laws of
2000, is amended to read as follows:
  The commissioner shall promulgate rules and  regulations  establishing
uniform  standards  for  a consumer pesticide use information sign which
shall be placed in retail establishments that sell  general  use  pesti-
cides for commercial or residential lawn application. SUCH UNIFORM STAN-
DARDS  SHALL REQUIRE THAT SIGNS IN AREAS OF THE STATE WITH A SIGNIFICANT
NUMBER OF SPANISH SPEAKING RESIDENTS BE PRINTED IN BOTH THE ENGLISH  AND
SPANISH  LANGUAGES.  THE  COMMISSIONER  SHALL  ESTABLISH RULES AND REGU-
LATIONS REGARDING WHAT  CONSTITUTES  A  SIGNIFICANT  NUMBER  OF  SPANISH
SPEAKING RESIDENTS. This sign shall contain the following information:
  S  5.  Subdivision 2 of section 33-1005 of the environmental conserva-
tion law, as added by chapter 285 of the laws of  2000,  is  amended  to
read as follows:
  2.  The  commissioner  shall prepare and publish, in consultation with
the commissioner of health, educational materials, IN BOTH  THE  ENGLISH
AND SPANISH LANGUAGES, explaining the requirements of paragraphs b and c
of  subdivision one of section 33-1004 of this article and section three
hundred ninety-c of the social services law and the human  and  environ-
mental health effects of lawn care pesticides.
  S  6.  Subdivision 3 of section 33-1005 of the environmental conserva-
tion law, as added by chapter 285 of the laws of  2000,  is  amended  by
adding a new paragraph c to read as follows:

A. 8483--A                          3

  C.  THE  WRITTEN  NOTICE REQUIRED BY PARAGRAPH B OF SUBDIVISION ONE OF
SECTION 33-1004 OF THIS ARTICLE SHALL, IN AREAS  OF  THE  STATE  WITH  A
SIGNIFICANT NUMBER OF SPANISH SPEAKING RESIDENTS, BE PRINTED IN BOTH THE
ENGLISH  AND  SPANISH LANGUAGES.  THE COMMISSIONER SHALL ESTABLISH RULES
AND REGULATIONS REGARDING WHAT CONSTITUTES A SIGNIFICANT NUMBER OF SPAN-
ISH SPEAKING RESIDENTS.
  S 7. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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