Senate Bill S4983

Signed By Governor

2009-2010 Legislative Session

Prohibits the use of certain toxic chemicals for lawn and grounds maintenance

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2010	signed chap.85
May 10, 2010	delivered to governor
May 04, 2010	returned to senate passed assembly ordered to third reading cal.537 substituted for a7937c
Apr 21, 2010	referred to environmental conservation
Apr 20, 2010	delivered to assembly passed senate motion to amend lost
Apr 12, 2010	advanced to third reading
Apr 08, 2010	2nd report cal.
Apr 07, 2010	1st report cal.330
Mar 29, 2010	print number 4983c
Mar 29, 2010	amend and recommit to codes
Mar 25, 2010	print number 4983b
Mar 25, 2010	amend (t) and recommit to codes reported and committed to codes
Jan 06, 2010	referred to environmental conservation
Jun 15, 2009	print number 4983a
Jun 15, 2009	amend (t) and recommit to codes
Jun 02, 2009	reported and committed to codes
Apr 27, 2009	referred to environmental conservation

Votes

- Apr 20, 2010 - Floor Vote
  S4983
  
  Aye
  
  39
  
  Nay
  
  22
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Apr 20, 2010
      
      aye (39)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Breslin
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      McDonald
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Robach
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      nay (22)
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Golden
      
      Griffo
      
      Hannon
      
      Johnson
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Ranzenhofer
      
      Saland
      
      Seward
      
      Skelos
      
      Volker
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan
  Mar 25, 2010 - Environmental Conservation Committee Vote
  S4983
  
  Aye
  
  9
  
  Nay
  
  2
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Environmental Conservation Committee Vote: Mar 25, 2010
      
      aye (9)
      
      Foley
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Perkins
      
      Schneiderman
      
      Serrano
      
      Stewart-Cousins
      
      Thompson
      
      nay (2)
      
      Little
      
      Young
      
      aye wr (3)
      
      Johnson
      
      Leibell
      
      Marcellino
  Apr 7, 2010 - Codes Committee Vote
  S4983
  
  Aye
  
  8
  
  Nay
  
  6
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Codes Committee Vote: Apr 7, 2010
      
      aye (8)
      
      Duane
      
      Huntley
      
      Klein
      
      Parker
      
      Perkins
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (6)
      
      Bonacic
      
      DeFrancisco
      
      Flanagan
      
      Golden
      
      Lanza
      
      Volker
      
      aye wr (2)
      
      Breslin
      
      Saland

Bill Amendments

Original

C (Active)

2009-S4983 - Details

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

2009-S4983 - Summary

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

2009-S4983 - Sponsor Memo

                                 BILL NUMBER:  S4983

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to prohibiting the use of certain toxic chemicals for lawn
and grounds maintenance

 PURPOSE :  This bill would make it unlawful for certain classes of
pesticides, characterized by various toxic properties, to be used for
the purely aesthetic, non-essential purpose of ornamental and turf
grass pest control.

 SUMMARY OF PROVISIONS :  This bill amends Section 33-1301 of the
environmental conservation law to make the use of specific categories
of pesticides unlawful for non-essential aesthetic turf pest control.

 JUSTIFICATION :  Pesticides kill non-target organisms in the soil and
water and have been proven to cause harm in the human immune system.
They can stay in the environment for months or even years. Data about
the toxicity of chemicals in our environment is mounting and there is
convincing evidence that harm to humans and the environment is of such
magnitude and significance that new values for conducting human
activities are necessary. Pesticides are associated with lung, breast,
brain, prostate, stomach, kidney, and pancreatic cancers along with
Hodgkin's lymphoma and leukemia. Pesticides threaten reproductive
health; contribute to underweight babies and birth defects. When
weighing the risks versus the benefits of using synthetic chemicals it

becomes clear that avoiding them is advisable, especially when safer
alternatives exist. Banning the use of the targeted pesticides sends a
consistent message to citizens, facilitates enforcement, and
encourages the chemical industry to provide safer alternatives.

The precautionary principle should act as a compelling starting point
in the formulation of this legislation.

"When an activity raises threats of harm to human health or the
environment, precautionary measures should be taken even if some cause
and effect relationships are not fully established scientifically. In
this context the proponent of an activity, rather than the public,
should bear the burden of proof The process of applying the
precautionary principle must be open, informed and democratic and must
include potentially affected parties. It must also involve an
examination of the full range of alternatives, including no action." -
The Precautionary Principle as stated at the Johnson Foundation's
Wingspread Conference, January 1998.

 LEGISLATIVE HISTORY :  New bill.

 FISCAL IMPLICATIONS : None.

 LOCAL FISCAL IMPLICATIONS : None.

 EFFECTIVE DATE :  Three hundred twenty days after enactment.

2009-S4983 - Bill Text download pdf

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

                                  4983

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed 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

S. 4983                             2

AGENCY OR THAT THE UNITED STATES  ENVIRONMENTAL  PROTECTION  AGENCY  HAS
CLASSIFIED AS HAVING SUGGESTIVE EVIDENCE OF CARCINOGENICITY;
  B.  ANY  PESTICIDE THAT IS CLASSIFIED AS CATEGORY I OR II ACCORDING TO
THE PRODUCT ACUTE TOXICITY CLASSIFICATION OF THE UNITED STATES  ENVIRON-
MENTAL PROTECTION AGENCY FOR EITHER ORAL, DERMAL OR INHALATION TOXICITY;
  C.  ANY  PESTICIDE  FOR WHICH THERE IS A SPECIFIC, OUTSTANDING REQUEST
FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY  FOR  HEALTH  AND
ENVIRONMENTAL STUDIES FOR THE PURPOSE OF REGISTRATION OR REREGISTRATION;
  D.  ANY  PESTICIDE  WHICH THE COMMISSIONER DETERMINES, IN CONSULTATION
WITH THE  COMMISSIONER  OF  HEALTH,  IS  A  LIKELY  ENDOCRINE  DISRUPTER
(INCLUDING, BUT NOT LIMITED TO ESTROGEN MIMICRY OR ANDROGEN INHIBITION),
IMMUNOTOXIN  OR  CHRONIC  NEUROTOXIN, AS SUCH INFORMATION BECOMES AVAIL-
ABLE; AND
  E. ANY PESTICIDE THAT HAS  USE  RESTRICTIONS  IMPOSED  BY  EITHER  THE
COMMISSIONER OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DUE TO
THE  FOLLOWING  ENVIRONMENTAL HAZARDS:  GROUNDWATER CONTAMINATION, WILD-
LIFE KILLS, OR THREATS TO ENDANGERED SPECIES.
  S 3. The commissioner of environmental conservation shall restrict the
use of pesticides for the purposes prohibited under  subdivision  12  of
section  33-1301  of  the  environmental  conservation  law, as added by
section two of this act,  through  the  pesticide  registration  program
under  title  7 of article 33 of the environmental conservation law, and
shall promulgate rules and regulations to provide for notice to  commer-
cial applicators and the public of the restrictions on such pesticides.
  S  4.  The second undesignated paragraph of subdivision 1 and subdivi-
sion 3 of section 71-2907 of  the  environmental  conservation  law,  as
amended  by  chapter  285  of  the  laws of 2000, are amended to read as
follows:
  Notwithstanding any provision of law to the contrary, any  person  who
violates  the  provisions of a local law adopted pursuant to subdivision
one of section 33-1004 of this chapter relating to paragraph a  of  such
subdivision, shall be issued a warning for the first violation and shall
be provided seven days to correct such violation; and shall be liable to
the  people  of  the state for a civil penalty not to exceed one hundred
dollars for a second violation, and not  to  exceed  two  hundred  fifty
dollars  for  a subsequent violation, to be assessed by the commissioner
after a hearing  or  opportunity  to  be  heard.    NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO THE CONTRARY, ANY PERSON WHO VIOLATES SUBDIVISION
TWELVE OF SECTION 33-1301 OF THIS  CHAPTER,  SHALL,  FOR  A  FIRST  SUCH
VIOLATION,  IN LIEU OF A PENALTY BE ISSUED A WRITTEN WARNING, AND SHALL,
FOR A SECOND SUCH VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE  FOR  A
CIVIL  PENALTY  NOT  TO EXCEED ONE HUNDRED DOLLARS AND NOT TO EXCEED TWO
HUNDRED FIFTY DOLLARS FOR ANY SUBSEQUENT VIOLATION, SUCH PENALTIES TO BE
ASSESSED BY THE COMMISSIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD.
The commissioner, acting by the attorney general,  may  bring  suit  for
collection  of  such  assessed  civil  penalty in any court of competent
jurisdiction. Such civil penalty may be released or compromised  by  the
commissioner  before the matter has been referred to the attorney gener-
al; and where such matter has been referred to the attorney general, any
such penalty may be released or compromised and any action commenced  to
recover the same may be settled and discontinued by the attorney general
with  the consent of the commissioner. Any civil penalty assessed by the
commissioner under this subdivision shall be reviewable in a  proceeding
under article [78] SEVENTY-EIGHT of the civil practice law and rules.
  3.  Criminal  sanctions.  Any  person  who, having the culpable mental
states defined in subdivision one or two of section 15.05 or in  section

S. 4983                             3

20.20  of  the  penal  law, violates any provision of article 33 of this
chapter or any  rule,  regulation  thereunder  or  commits  any  offense
described in section 33-1301 of this chapter, except an offense relating
to  the  application  of  a  general  use pesticide shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
not  to  exceed  five  thousand  dollars  for each day during which such
violation continues or by imprisonment for a term of not more  than  one
year,  or by both such fine and imprisonment. If the conviction is for a
subsequent offense committed after a first  conviction  of  such  person
under  this subdivision, punishment shall be by a fine not to exceed ten
thousand dollars for each day during which such violation  continues  or
by  imprisonment  for  a term of not more than one year, or by both such
fine and imprisonment. When a violation consists of the  manufacture  or
production  of any prohibited article, each day during which or any part
of which such manufacture or production  is  carried  on  or  continued,
shall  be  deemed  a  separate  violation.  Any  person who violates any
provision of article 33 of this chapter or any rule or regulation there-
under or commits any offense described in section 33-1301 of this  chap-
ter  relating to the use of a general use pesticide shall be guilty of a
violation and, upon conviction thereof, shall be punished by a fine  not
to exceed twenty-five hundred dollars. If the conviction is for a subse-
quent  offense  committed after the first such conviction of such person
under this subdivision, punishment shall be by a fine not to exceed five
thousand dollars. Prosecution hereunder may be conducted by  either  the
attorney  general  or  the  district  attorney  consistent  with section
71-0403 of this article. With respect to violations of  section  33-1004
OR  SUBDIVISION  TWELVE  OF  SECTION  33-1301 of this chapter, penalties
imposed pursuant to this subdivision may  be  assessed  only  against  a
person providing a commercial lawn application.
  S 5. This act shall take effect on the one hundred twentieth day after
it  shall have become a law, except that section three of this act shall
take effect immediately, and  except  that  the  penalty  provisions  of
sections 71-2907 and 71-2909 of the environmental conservation law shall
not  apply  to  violations  of  subdivision 12 of section 33-1301 of the
environmental conservation law, as added by  section  two  of  this  act
occurring  during the one hundred twenty day period following the effec-
tive date of this act.

2009-S4983A - Details

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

2009-S4983A - Summary

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

2009-S4983A - Sponsor Memo

                                 BILL NUMBER:  S4983A

 TITLE OF BILL :
An act to amend the environmental conservation law and the education
law, in relation to the use and guidance of pesticide alternatives


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to minimize the harmful effects of
pesticides on children by limiting the use of aesthetic pesticides in
sensitive areas such as schools and day cares and developing pesticide
alternatives.

 SUMMARY OF SPECIFIC PROVISIONS :
This bill amends Section 33-0303 of the Environmental Conservation Law
by adding a new section directing the Commissioner of the Department
of Environmental Conservation and the Department of Health to develop
guidelines on pesticide alternatives to facilitate compliance with the
Education Law.

The bill defines various terms as used in this section, and designates
certain products that are not to be construed as pesticides as defined
in Section 33-0101 of the Environmental Conservation Law.

 JUSTIFICATION :
When deciding how to regulate the use of toxic substances, the risks

of that use are weighed against its benefits.  Using highly toxic or
otherwise hazardous pesticides for the purely aesthetic purpose of
lawn care has no public health or environmental benefit and can (and
frequently does) cause great harm to children and the environment.

This bill directs the Commissioners of the Department of Environmental
Conservation and the Department of Health to develop guidance on
pesticide alternatives.

 PRIOR LEGISLATIVE HISTORY :
2001-02: A.5565 Referred to Environmental Conservation
2003-04: A.4105 Referred to Environmental Conservation
2005-06: A.2460 Referred to Environmental Conservation
2007-08: A.6045 Referred to Environmental Conservation

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided, that section two of this act shall
take effect one year after it shall have become law. Effective
immediately the Department of Education and the Department of
Environmental Conservation may promulgate and rule or regulation
necessary for the timely implementation of this act on its effective
date.

2009-S4983A - Bill Text download pdf

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

                                 4983--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee on Codes -- 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.
                                                           LBD07103-09-9

S. 4983--A                          2

  (II)  THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAIN-
ERS OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO  PROTECT  INDIVIDUALS
FROM  AN  IMMINENT  THREAT  FROM  STINGING AND BITING INSECTS, INCLUDING
VENOMOUS SPIDERS, BEES, WASPS AND HORNETS. THIS SECTION SHALL NOT EXEMPT
FROM  NOTIFICATION THE USE OF ANY FOGGER PRODUCT OR AEROSOL PRODUCT THAT
DISCHARGES TO A WIDE AREA;
  (III) THE USE OF NON-VOLATILE  INSECT  OR  RODENT  BAIT  IN  A  TAMPER
RESISTANT CONTAINER;
  (IV)  THE  APPLICATION  OF A PESTICIDE CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR  PART
152.25;
  (V) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (VI)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2. NO SCHOOL OR DAY CARE SHALL APPLY  PESTICIDE  TO  ANY  PLAYGROUNDS,
TURF,  ATHLETIC OR PLAYING FIELDS OR SURROUNDING GROUNDS, EXCEPT THAT AN
EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS  DETERMINED  BY  THE
COUNTY  HEALTH  DEPARTMENT, THE COMMISSIONER OF HEALTH, THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION, OR, IN THE CASE OF A PUBLIC  SCHOOL,  THE
SCHOOL BOARD.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that section two of this act shall
take  effect  one year after it shall have become a law. Effective imme-
diately the department of education and the department of  environmental
conservation  may  promulgate  any  rule or regulation necessary for the
timely implementation of this act on its effective date.

2009-S4983B - Details

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

2009-S4983B - Summary

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

2009-S4983B - Sponsor Memo

2009-S4983B - Bill Text download pdf

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

                                 4983--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Environmental Conservation in accordance with Senate Rule
  6, sec. 8 -- reported favorably from said committee and  committed  to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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:
  (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.
                                                           LBD07103-18-0

S. 4983--B                          2

  (II)  THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAIN-
ERS OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO  PROTECT  INDIVIDUALS
FROM  AN  IMMINENT  THREAT  FROM  STINGING AND BITING INSECTS, INCLUDING
VENOMOUS SPIDERS, BEES, WASPS AND HORNETS;
  (III)  THE  USE  OF  NON-VOLATILE  INSECT  OR  RODENT BAIT IN A TAMPER
RESISTANT CONTAINER;
  (IV) THE APPLICATION OF A PESTICIDE CLASSIFIED BY  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
152.25;
  (V) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (VI) THE USE OF HORTICULTURAL  SOAP  AND  OILS  THAT  DO  NOT  CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2.  NO SCHOOL SHALL APPLY PESTICIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC
OR PLAYING FIELDS, EXCEPT THAT AN EMERGENCY APPLICATION OF  A  PESTICIDE
MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUN-
TY  NOT HAVING A HEALTH DEPARTMENT SUCH AUTHORITY AS THE COUNTY LEGISLA-
TURE SHALL DESIGNATE, THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE,
THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR  HER  DESIGNEE,
OR, IN THE CASE OF A PUBLIC SCHOOL, THE SCHOOL BOARD.
  S  3. The social services law is amended by adding a new section 390-g
to read as follows:
  S 390-G. PESTICIDE ALTERNATIVES. 1. FOR PURPOSES OF THIS  SECTION  THE
FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
  (A) "DAY CARE" SHALL APPLY TO ALL CHILD DAY CARE CENTERS OR HEAD START
DAY  CARE  CENTERS,  AS  DEFINED IN SECTION THREE HUNDRED NINETY OF THIS
TITLE.
  (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:
  (I) THE APPLICATION OF ANTI-MICROBIAL  PESTICIDES  AND  ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136(MM) AND 136Q(H)(2);
  (II)  THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAIN-
ERS OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO  PROTECT  INDIVIDUALS
FROM  AN  IMMINENT  THREAT  FROM  STINGING AND BITING INSECTS, INCLUDING
VENOMOUS SPIDERS, BEES, WASPS AND HORNETS;
  (III) THE USE OF NON-VOLATILE  INSECT  OR  RODENT  BAIT  IN  A  TAMPER
RESISTANT CONTAINER;
  (IV)  THE  APPLICATION  OF A PESTICIDE CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR  PART
152.25;
  (V) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (VI)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2. NO DAY CARE SHALL APPLY PESTICIDE TO ANY PLAYGROUNDS, TURF, ATHLET-
IC OR PLAYING FIELDS, EXCEPT THAT AN EMERGENCY APPLICATION OF  A  PESTI-
CIDE  MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A
COUNTY NOT HAVING A HEALTH  DEPARTMENT  SUCH  AUTHORITY  AS  THE  COUNTY
LEGISLATURE  SHALL  DESIGNATE,  THE COMMISSIONER OF HEALTH OR HIS OR HER
DESIGNEE, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS  OR  HER
DESIGNEE, OR, IN THE CASE OF A PUBLIC SCHOOL, THE SCHOOL BOARD.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that section two of this act shall
take  effect  one year after it shall have become a law. Effective imme-
diately the department of education and the department of  environmental
conservation  may  promulgate  any  rule or regulation necessary for the
timely implementation of this act on its effective date.

co-Sponsors

View additional co-sponsors

2009-S4983C (ACTIVE) - Details

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

2009-S4983C (ACTIVE) - Summary

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

2009-S4983C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4983C

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA:
The  purpose  of  this bill is to minimize the harmful effects of pesti-
cides on children by limiting the use of aesthetic pesticides in  sensi-
tive areas such as schools and day cares and developing pesticide alter-
natives.

SUMMARY OF PROVISIONS:
Section  1  amends  the  environmental conservation law to allow for the
Commissioner of DEC in connection with the Commissioner of DOH to devel-
op guidance on pesticide alternatives.
Section 2 amends the education law to limit the  use  of  pesticides  on
school grounds.
Section  3 amends the social services law to limit the use of pesticides
at day cares.
Section 4 states that violations of Section 390-g shall not be  punisha-
ble by a misdemeanor.
Section 5 is the effective date.

JUSTIFICATION:

The use of pesticides has a detrimental effect on all individuals, espe-
cially  children. By prohibiting the use of pesticides on school grounds
as well as day care centers we are protecting our  children  during  the
time  they  are most at risk of being negatively affected by the harmful
side effects caused by exposure to pesticides.

A well maintained ground should have no need  for  the  routine  use  of
pesticides,  however  this  legislation does include provisions to allow
for the emergency application of pesticides should it be necessary.

LEGISLATIVE HISTORY:
2001-02: A.5565 Referred to Environmental Conservation
2003-04: A.4105 Referred to Environmental Conservation
2005-06: A.2460 Referred to Environmental Conservation
2007-08: A.6045 Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the one hundred  eightieth  day  after  it
shall have become law; provided, that section two of this act shall take
effect  one  year after it shall have become law.  Effective immediately
the Department of Education and the Department of Environmental  Conser-

vation  may  promulgate  any rule or regulation necessary for the timely
implementation of this act on its effective date.

2009-S4983C (ACTIVE) - Bill Text download pdf

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

                                 4983--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  FOLEY  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee on Codes -- committee discharged, bill amended, ordered  reprinted
  as  amended  and  recommitted  to said committee -- recommitted to the
  Committee on Environmental Conservation in accordance with Senate Rule
  6, sec. 8 -- reported favorably from said committee and  committed  to
  the  Committee on Codes -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07103-23-0

S. 4983--C                          2

  (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:
  (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);
  (II)  THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAIN-
ERS OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO  PROTECT  INDIVIDUALS
FROM  AN  IMMINENT  THREAT  FROM  STINGING AND BITING INSECTS, INCLUDING
VENOMOUS SPIDERS, BEES, WASPS AND HORNETS;
  (III) THE USE OF NON-VOLATILE  INSECT  OR  RODENT  BAIT  IN  A  TAMPER
RESISTANT CONTAINER;
  (IV)  THE  APPLICATION  OF A PESTICIDE CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR  PART
152.25;
  (V) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (VI)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2. NO SCHOOL SHALL APPLY PESTICIDE TO ANY PLAYGROUNDS, TURF,  ATHLETIC
OR  PLAYING  FIELDS, EXCEPT THAT AN EMERGENCY APPLICATION OF A PESTICIDE
MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUN-
TY NOT HAVING A HEALTH DEPARTMENT SUCH AUTHORITY AS THE COUNTY  LEGISLA-
TURE SHALL DESIGNATE, THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE,
THE  COMMISSIONER  OF ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE,
OR, IN THE CASE OF A PUBLIC SCHOOL, THE SCHOOL BOARD.
  S 3. The social services law is amended by adding a new section  390-g
to read as follows:
  S  390-G.  PESTICIDE ALTERNATIVES. 1. FOR PURPOSES OF THIS SECTION THE
FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
  (A) "DAY CARE" SHALL APPLY TO ALL CHILD DAY CARE CENTERS OR HEAD START
DAY CARE CENTERS, AS DEFINED IN SECTION THREE  HUNDRED  NINETY  OF  THIS
TITLE.
  (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:
  (I)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136(MM) AND 136Q(H)(2);
  (II) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN  CONTAIN-
ERS  OF  EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS
FROM AN IMMINENT THREAT FROM  STINGING  AND  BITING  INSECTS,  INCLUDING
VENOMOUS SPIDERS, BEES, WASPS AND HORNETS;
  (III)  THE  USE  OF  NON-VOLATILE  INSECT  OR  RODENT BAIT IN A TAMPER
RESISTANT CONTAINER;
  (IV) THE APPLICATION OF A PESTICIDE CLASSIFIED BY  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
152.25;
  (V) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (VI) THE USE OF HORTICULTURAL  SOAP  AND  OILS  THAT  DO  NOT  CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2. NO DAY CARE SHALL APPLY PESTICIDE TO ANY PLAYGROUNDS, TURF, ATHLET-
IC  OR  PLAYING FIELDS, EXCEPT THAT AN EMERGENCY APPLICATION OF A PESTI-
CIDE MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR  A
COUNTY  NOT  HAVING  A  HEALTH  DEPARTMENT  SUCH AUTHORITY AS THE COUNTY
LEGISLATURE SHALL DESIGNATE, THE COMMISSIONER OF HEALTH OR  HIS  OR  HER
DESIGNEE,  THE  COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER
DESIGNEE, OR, IN THE CASE OF A PUBLIC SCHOOL, THE SCHOOL BOARD.

S. 4983--C                          3

  S 4.  Subdivision 1 of section 389 of  the  social  services  law,  as
amended  by  chapter  555  of  the  laws  of 1978, is amended to read as
follows:
  1.  Except  as  hereinafter provided, any person, corporation, agency,
society, institution or  other  organization,  wilfully  violating  this
title, OTHER THAN SECTION THREE HUNDRED NINETY-G OF THIS TITLE, or fail-
ing  to  comply  with any order which the department is authorized under
this title to make, shall be guilty of a misdemeanor.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, that section two of this act shall
take effect one year after it shall have become a law.  Effective  imme-
diately  the department of education and the department of environmental
conservation may promulgate any rule or  regulation  necessary  for  the
timely implementation of this act on its effective date.

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Senate Bill S4983

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

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Votes

Apr 20, 2010 - Floor Vote

Floor Vote: Apr 20, 2010

Mar 25, 2010 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: Mar 25, 2010

Apr 7, 2010 - Codes Committee Vote

Codes Committee Vote: Apr 7, 2010

Bill Amendments

2009-S4983 - Details

2009-S4983 - Summary

2009-S4983 - Sponsor Memo

2009-S4983 - Bill Text download pdf

2009-S4983A - Details

2009-S4983A - Summary

2009-S4983A - Sponsor Memo

2009-S4983A - Bill Text download pdf

2009-S4983B - Details

2009-S4983B - Summary

2009-S4983B - Sponsor Memo

2009-S4983B - Bill Text download pdf

co-Sponsors

2009-S4983C (ACTIVE) - Details

2009-S4983C (ACTIVE) - Summary

2009-S4983C (ACTIVE) - Sponsor Memo

2009-S4983C (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S4983

Signed By Governor

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Archive: Last Bill Status - Signed by Governor

Actions

Votes

Bill Amendments

2009-S4983 - Details

2009-S4983 - Summary

2009-S4983 - Sponsor Memo

2009-S4983 - Bill Text download pdf

2009-S4983A - Details

2009-S4983A - Summary

2009-S4983A - Sponsor Memo

2009-S4983A - Bill Text download pdf

2009-S4983B - Details

2009-S4983B - Summary

2009-S4983B - Sponsor Memo

2009-S4983B - Bill Text download pdf

co-Sponsors

2009-S4983C (ACTIVE) - Details

2009-S4983C (ACTIVE) - Summary

2009-S4983C (ACTIVE) - Sponsor Memo

2009-S4983C (ACTIVE) - Bill Text download pdf

Comments