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Assembly Bill A995

2009-2010 Legislative Session

Permits the local regulation of pesticide use in special groundwater protection areas

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Archive: Last Bill Status - In Assembly Committee

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2009-A995 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง55-0121, En Con L

2009-A995 (ACTIVE) - Summary

Permits the department of environmental conservation to allow localities to regulate pesticide use in special groundwater protection areas within their boundaries if the department determines that the locality has the capability to implement and enforce such regulations and there is a need for such regulation; authorizes the department to allow local governments to regulate the application of pesticides to lawns and woodlands for cosmetic uses within special groundwater protection areas.

2009-A995 (ACTIVE) - Bill Text download pdf 

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

                                   995

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  permitting local regulation of pesticide use  in  special  groundwater
  protection areas

  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 that it is  the
policy  of  the state to protect drinking water supplies and prevent any
unnecessary degradation that would endanger human health. The state  has
undertaken  groundwater monitoring on Long Island which demonstrates the
frequent detection of pesticides in drinking water supplies.
  It is understood that pesticides  can  provide  public  benefits,  but
those  benefits  must be evaluated in the context of the risks to health
that they may pose. The use of pesticides for purely aesthetic, cosmetic
or ornamental purposes confers no public health or  environmental  bene-
fit,  but poses a major risk to public health because of the unnecessary
risk to groundwater and drinking water supplies.
  It is the purpose of this act to permit more stringent  regulation  by
local  government  of  such  nonessential pesticide uses under standards
devised by the department of environmental  conservation,  in  order  to
better protect public health and drinking water supplies.
  S  2.  The  environmental  conservation law is amended by adding a new
section 55-0121 to read as follows:
S 55-0121. LOCAL REGULATION OF ORNAMENTAL, AESTHETIC AND COSMETIC PESTI-
             CIDE USE BY COUNTIES.
  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  ANY
COUNTY  MAY  PETITION  THE  DEPARTMENT  FOR THE AUTHORITY TO REGULATE OR
PROHIBIT ORNAMENTAL, AESTHETIC AND COSMETIC PESTICIDE  USE  PURSUANT  TO
THIS  SECTION.    THE DEPARTMENT SHALL GRANT SUCH PETITION, IF IT DETER-

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

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