S T A T E   O F   N E W   Y O R K
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                                  2299

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL -- Multi-Sponsored by -- M.
  of A. McENENY -- read once and referred to the Committee  on  Environ-
  mental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  use of certain highly toxic pesticides

  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. The use of
pesticides exposes people and our natural resources to many highly toxic
chemicals with known serious,  deleterious  effects  on  the  health  of
humans and the environment. The risks posed by the use of the most high-
ly  toxic chemicals outweigh the limited benefits derived.  Furthermore,
the use of highly toxic pesticides is unwarranted  because  more  benign
alternatives  exist,  including less toxic or nontoxic chemicals as well
as the employment of alternative effective pest control methods that  do
not  rely  on  the  use  of  chemical  pesticides. Such alternative pest
control methods  use  physical,  mechanical,  cultural,  biological  and
educational tactics to control conditions that promote pest infestations
and  that  inhibit  pest  populations  to tolerable levels of damage and
annoyance. In order to protect public health and the environment, it  is
the  intent  of  the  legislature to prevent unwarranted exposure to the
most highly toxic pesticides by prohibiting their use.
  S 2. Section 33-0101 of the environmental conservation law is  amended
by adding three new subdivisions 50, 51 and 52 to read as follows:
  50. "ANTI-MICROBIAL PESTICIDE" SHALL MEAN 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, INDUSTRIAL  PROCESSES  OR
SYSTEMS,  SURFACES,  WATER,  OR  OTHER  CHEMICAL SUBSTANCES FROM CONTAM-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02810-01-9
              

A. 2299                             2

INATION, 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;
  D. "ANTI-MICROBIAL PESTICIDE" SHALL NOT INCLUDE:
  (1) A WOOD PRESERVATIVE OR ANTI-FOULING  PAINT  PRODUCT  FOR  WHICH  A
CLAIM OF PESTICIDAL ACTIVITY IS MADE;
  (2) AN AGRICULTURAL FUNGICIDE PRODUCT; OR
  (3) AN AQUATIC HERBICIDE PRODUCT.
  51.  "BIOPESTICIDE" SHALL MEAN PESTICIDES DERIVED FROM NATURAL MATERI-
ALS, SUCH AS ANIMALS, PLANTS, BACTERIA AND  MINERALS;  AND  INCLUDE  THE
FOLLOWING TYPES:
  A. MICROBIAL PESTICIDES CONTAINING A MICROORGANISM (E.G., A BACTERIUM,
FUNGUS, VIRUS OR PROTOZOAN) AS THE ACTIVE INGREDIENT; OR
  B.  BIOCHEMICAL PESTICIDES DERIVED FROM NATURALLY OCCURRING SUBSTANCES
THAT CONTROL PESTS BY NONTOXIC MECHANISMS.
  52. "LEAST-TOXIC PESTICIDES" SHALL MEAN:
  A. BORIC ACID AND DISODIUM TETRAHYDRATE;
  B. SILICA GELS;
  C. DIATOMACEOUS EARTH;
  D. NONVOLATILE INSECT AND RODENT BAITS IN TAMPER RESISTANT CONTAINERS;
OR
  E. BOTANICAL PESTICIDES, EXCLUDING SYNTHETIC PYRETHROIDS WITHOUT TOXIC
SYNERGISTS.
  S 3. Section 33-1301 of the environmental conservation law is  amended
by adding a new subdivision 12 to read as follows:
  12.  A.    FOR  ANY  PERSON TO USE THE FOLLOWING PESTICIDES, EXCEPT AS
PROVIDED FOR IN PARAGRAPH B OF THIS SUBDIVISION:
  (1) ANY PESTICIDE THAT IS CLASSIFIED AS A KNOWN, PROBABLE,  OR  LIKELY
HUMAN CARCINOGEN BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY;
  (2)  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;
  (3)  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 INHIBI-
TION), IMMUNOTOXIN OR CHRONIC NEUROTOXIN, AS  SUCH  INFORMATION  BECOMES
AVAILABLE;
  (4)  ANY  PESTICIDE WHICH THE COMMISSIONER DETERMINES, IN CONSULTATION
WITH THE COMMISSIONER OF HEALTH, IS LIKELY TO IMPAIR AND  DISRUPT  HUMAN
REPRODUCTION AND DEVELOPMENT;
  (5)  ANY  PESTICIDE  THAT  HAS  USE  RESTRICTION IMPOSED BY EITHER THE
COMMISSIONER OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DUE TO
THE FOLLOWING ENVIRONMENTAL HAZARDS: GROUNDWATER CONTAMINATION, WILDLIFE
KILLS OR THREATS TO ENDANGERED SPECIES;
  (6) 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;
  (7) ANY PESTICIDE WHICH CONTAINS AN INERT INGREDIENT WHICH WAS SUBJECT
TO A PESTICIDE REGISTRATION CANCELLATION OR  SUSPENSION  BY  THE  UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY; AND
  (8)  ANY  PESTICIDE CONTAINING THE ACTIVE INGREDIENT 4-AMINO PYRIDINE,
INCLUDING BUT NOT LIMITED TO AVITROL, EXCEPT WHEN USED IN THE PRODUCTION
OF AN AGRICULTURAL COMMODITY OR ON AGRICULTURAL LANDS.
  B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
IT SHALL BE LAWFUL TO APPLY:

A. 2299                             3

  (1)  PESTICIDES THAT MAY OTHERWISE LAWFULLY BE USED FOR THE PURPOSE OF
MAINTAINING A SAFE DRINKING WATER SUPPLY  AT  DRINKING  WATER  TREATMENT
PLANTS, WASTEWATER TREATMENT PLANTS, RESERVOIRS, AND RELATED COLLECTION,
DISTRIBUTION AND TREATMENT FACILITIES;
  (2) ANTI-MICROBIAL PESTICIDES;
  (3) BIOPESTICIDES;
  (4) LEAST TOXIC PESTICIDES;
  (5)   PESTICIDES   CLASSIFIED   BY  THE  UNITED  STATES  ENVIRONMENTAL
PROTECTION AGENCY AS EXEMPT MATERIALS UNDER 40 CFR 152.25; AND
  (6) PESTICIDES USED TO RESPOND TO A PUBLIC HEALTH EMERGENCY  OR  IMMI-
NENT STRUCTURAL HAZARD.
  S  4. Section 33-1503 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
  5. THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A PROGRAM TO  RESTRICT
THE  AVAILABILITY  OF  PESTICIDES PROHIBITED UNDER SUBDIVISION TWELVE OF
SECTION 33-1301 OF  THIS  ARTICLE  THROUGH  THE  PESTICIDE  REGISTRATION
PROGRAM UNDER TITLE SEVEN OF THIS ARTICLE, AND SHALL IMPLEMENT A PROGRAM
TO  INFORM  COMMERCIAL AND PRIVATE APPLICATORS, MANUFACTURERS, WHOLESALE
AND RETAIL SELLERS, AND THE PUBLIC OF THE PROHIBITIONS  ON  SUCH  PESTI-
CIDES.
  S 5. This act shall take effect immediately, except that sections one,
two and three of this act shall take effect on the one hundred twentieth
day after it shall have become a law.