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

                                  3398

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

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

AN ACT to amend the environmental conservation law, in relation  to  the
  application  of  pesticides by certified pesticide applicators; and to
  repeal section 33-0301 of such law relating to declaration  of  policy
  and purpose

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

  Section 1. Subdivision 10 of  section  33-0101  of  the  environmental
conservation  law,  as  added  by chapter 685 of the laws of 1978 and as
renumbered by chapter 612 of the laws of 1983, is  amended  to  read  as
follows:
  10.  "Certified  PESTICIDE  applicator"  means  any  individual who is
certified to use [or supervise the use of] any pesticide in any category
of use covered by his OR HER certification.
  S 2. Subdivision 41 of section 33-0101 of the environmental  conserva-
tion  law,  as  added  by chapter 612 of the laws of 1983, is amended to
read as follows:
  41. "Residential application" shall mean the  application  of  general
use  pesticides  by ground equipment [on property owned or leased by the
applicator, excluding any establishment selling or processing  food  and
any  residential structure other than]  ONLY FOR OUTDOOR APPLICATIONS ON
THE PREMISES OF A  SINGLE  FAMILY  RESIDENCE  IN  WHICH  THE  APPLICATOR
RESIDES  OR ONLY WITHIN the specific dwelling unit in which the applica-
tor resides.
  S 3. Section 33-0101 of the environmental conservation law is  amended
by adding three new subdivisions 50, 51 and 52 to read as follows:
  50. "UNDER THE DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICATOR"
SHALL  MEAN  THE  ACT  OR PROCESS WHEREBY THE USE OF A PESTICIDE, UNLESS
OTHERWISE PRESCRIBED BY ITS LABELING, IS  MADE  BY  A  COMPETENT  PERSON
ACTING  UNDER  THE  INSTRUCTIONS  AND  CONTROL  OF A CERTIFIED PESTICIDE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06953-01-9
              

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APPLICATOR WHO IS RESPONSIBLE FOR THE ACTIONS OF THAT PERSON AND WHO  IS
AVAILABLE AT THE TIME AND PLACE THE PESTICIDE IS APPLIED.
  51.  "INTEGRATED  PEST  MANAGEMENT" AND "(IPM)" MEAN A DECISION-MAKING
PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING  TO  DETERMINE
IF AND WHEN CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL,
BIOLOGICAL  AND  EDUCATIONAL  TACTICS TO CONTROL CONDITIONS THAT PROMOTE
PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT  TOLERABLE  DAMAGE  OR
ANNOYANCE LEVELS; AND ONLY AS A LAST RESORT, UTILIZES LEAST-TOXIC PESTI-
CIDE  CONTROLS.  THE OVERALL GOAL OF IPM IS TO ELIMINATE THE UNNECESSARY
USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES.
  52. "PESTICIDE USE" MEANS MIXING, LOADING, HANDLING, APPLYING,  TRANS-
PORTING,  DISPOSING AND STORING OF PESTICIDES, AND CLEANING AND DISPOSAL
OF PESTICIDE CONTAINERS.
  S 4. Section 33-0301 of the environmental conservation law is REPEALED
and a new section 33-0301 is added to read as follows:
S 33-0301. DECLARATION OF POLICY AND PURPOSE.
  THE POLICY AND PURPOSES OF THIS ARTICLE ARE AS FOLLOWS:
  1. TO PROVIDE FOR THE PROPER, SAFE AND EFFICIENT USE OF PESTICIDES AND
FOR PROTECTION OF THE PUBLIC HEALTH AND SAFETY.
  2. TO PROTECT THE ENVIRONMENT FROM ENVIRONMENTALLY HARMFUL  PESTICIDES
BY PROHIBITING, REGULATING OR CONTROLLING USES OF SUCH PESTICIDES.
  3.  TO  ASSURE WORKERS OF SAFE WORKING CONDITIONS WHERE PESTICIDES ARE
PRESENT.
  4. TO PERMIT APPLICATIONS OF PESTICIDES BY COMPETENT  AND  RESPONSIBLE
CERTIFIED PESTICIDE APPLICATORS UNDER STRICT CONTROL BY THE DEPARTMENT.
  5.  TO  ASSURE  USERS  THAT  PESTICIDES  ARE  PROPERLY  REGISTERED AND
LABELED, AND THAT PESTICIDES ARE APPROPRIATE FOR THE USE  DESIGNATED  BY
THE LABEL, BY THIS ARTICLE, OR BY REGULATIONS PROMULGATED BY THE DEPART-
MENT.
  6.  TO ENCOURAGE THE DEVELOPMENT AND IMPLEMENTATION OF INTEGRATED PEST
MANAGEMENT  SYSTEMS  FOR  AGRICULTURAL,   NON-AGRICULTURAL   AND   URBAN
SETTINGS,  STRESSING APPLICATION OF BIOLOGICAL, MECHANICAL, CULTURAL AND
OTHER NON-CHEMICAL PEST CONTROL TECHNIQUES, AND WHEN NECESSARY,  TO  USE
SELECTIVE  PESTICIDES WHICH OFFER THE LEAST POSSIBLE HARM, TO NON-TARGET
ORGANISMS AND THE ENVIRONMENT, TO ACHIEVE ACCEPTABLE LEVELS OF CONTROL.
  S 5. Subdivision 3 of section 33-0901 of the  environmental  conserva-
tion law is amended to read as follows:
  3.  SALE  OF A RESTRICTED USE PESTICIDE SHALL ONLY BE MADE TO A CERTI-
FIED APPLICATOR, THE HOLDER OF A NON-CANCELED PURCHASE PERMIT HOLDER  OR
TO  THE  HOLDER  OF  A  COMMERCIAL PERMIT. Upon the sale by a commercial
permit holder of a restricted use pesticide to a purchase permit holder,
the commercial permit holder shall  cancel  the  PURCHASE  permit  in  a
manner to be prescribed by the commissioner.
  S  6.  Subdivisions  1  and  2 of section 33-0905 of the environmental
conservation law, as amended by chapter 612 of the  laws  of  1983,  are
amended to read as follows:
  1.  Any person who engages in the commercial or private application of
pesticides or the sale of restricted use pesticides shall  be  certified
by  the  commissioner  except  as  provided  in  subdivision two of this
section. No certification shall be valid  unless  the  certified  person
also  holds  a  valid  CERTIFICATION  identification  card issued by the
commissioner.
  2.   The provisions of  this  article  relating  to  registration  and
certification shall not apply to:
  a.  residential  application of pesticides as defined in this article;
or

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  b.  [private application of a general use pesticide as defined in this
article] AN INDIVIDUAL WORKING UNDER THE DIRECT SUPERVISION OF A  PERSON
CERTIFIED IN THE PRIVATE APPLICATION OF PESTICIDES.
  S  7. Section 33-0905 of the environmental conservation law is amended
by adding a new subdivision 2-a to read as follows:
  2-A.  TRAINING  PROGRAMS  FOR  PERSONS  SEEKING  PESTICIDE  APPLICATOR
CERTIFICATION  AND RECERTIFICATION SHALL BE CONDUCTED BY OR ON BEHALF OF
THE DEPARTMENT.
  A. TRAINING PROGRAMS FOR PERSONS SEEKING PESTICIDE APPLICATOR  CERTIF-
ICATION  SHALL,  AT  A  MINIMUM,  INCLUDE  TOPICS SUCH AS HAZARDS OF AND
PRECAUTIONS AND PROTECTIONS NECESSARY FOR PROPER  PESTICIDE  USE;  INTE-
GRATED  PEST  MANAGEMENT  TECHNIQUES  FOR  ALL CATEGORIES OF PRIVATE AND
COMMERCIAL PESTICIDE APPLICATOR CERTIFICATION AND UNDERSTANDING OF IDEN-
TIFYING AND CHOOSING LEAST-TOXIC CONTROL ALTERNATIVES;  PESTICIDE  LABEL
COMPREHENSION; PROPER PESTICIDE USE TECHNIQUES AND REQUIREMENTS; GROUND-
WATER PROTECTION; UNDERSTANDING, AVOIDING AND MINIMIZING PESTICIDE DRIFT
AND  OTHER  NON-TARGET  IMPACTS TO HUMANS AND NATURAL RESOURCES; CURRENT
STATE AND FEDERAL LAWS AND REGULATIONS GOVERNING THE USE OF  PESTICIDES;
IDENTIFICATION  AND  LIFE  CYCLE  INFORMATION OF PESTS; AND OCCUPATIONAL
SAFETY. TRAINING PROGRAMS  SHALL  INCLUDE  HANDS-ON  DEMONSTRATIONS  AND
ACTIVITIES  TO  ENSURE  THAT  APPLICATORS  ARE CAPABLE OF PROPERLY USING
PESTICIDES AND CALIBRATING AND USING APPLICATION EQUIPMENT.
  B. TRAINING PROGRAMS FOR PERSONS SEEKING RECERTIFICATION SHALL INCLUDE
TOPICS IDENTIFIED IN PARAGRAPH A OF THIS SUBDIVISION, AND CURRENT INFOR-
MATION  RELATING  TO  THESE  TOPICS,  NEW  INTEGRATED  PEST   MANAGEMENT
APPROACHES  AND  TECHNIQUES,  MORE  EFFICIENT  AND EFFECTIVE APPLICATION
EQUIPMENT, WORKER PROTECTION AND  SAFETY,  HUMAN  AND  NATURAL  RESOURCE
PROTECTION, AND NEW PERSONAL PROTECTION EQUIPMENT.
  C.  TRAINING  PROGRAMS SHALL BE CONDUCTED BY PERSONS WHO ARE CERTIFIED
AS TRAINERS BY THE DEPARTMENT. PERSONS CONDUCTING  PESTICIDE  APPLICATOR
CERTIFICATION  OR RECERTIFICATION TRAINING PROGRAMS SHALL, AT A MINIMUM,
SATISFY THE DEPARTMENT AS TO THEIR KNOWLEDGE OF ALL OF  THE  INFORMATION
AND TOPICS REQUIRED FOR TRAINING PROGRAMS FOR PESTICIDE APPLICATORS.
  S  8.  Subdivision 3 of section 33-0905 of the environmental conserva-
tion law, as amended by chapter 612 of the laws of 1983, paragraph d  as
amended and paragraph f as added by section 1 of part U of chapter 59 of
the laws of 2004, paragraph e as added by section 1 of part F of chapter
686 of the laws of 2003, paragraph g as added by chapter 732 of the laws
of 2005, is amended to read as follows:
  3. a. Application for pesticide applicator certification shall be made
to  the  commissioner.  The application shall be on a form prescribed by
the commissioner and shall be accompanied by the fee or fees  [provided]
AND OTHER INFORMATION REQUIRED in section 33-0911.
  b. An applicant for certification shall satisfy the commissioner as to
[his] THE APPLICANT'S VERIFIABLE knowledge and experience concerning the
proper  use [and application] of pesticides [and], pesticide application
equipment, AND PEST MANAGEMENT PRACTICES, IN EACH  CATEGORY  OF  CERTIF-
ICATION  SOUGHT, through ON-THE-JOB EXPERIENCE, TRAINING AND examination
prior to initial certification. Recertification shall be  by  training[,
workbook, or] AND examination [as required by the commissioner].
  c.  Upon  certification,  the commissioner shall certify the applicant
for the appropriate category OR CATEGORIES of  certification  and  shall
issue  a certification identification card to the applicant ONLY FOR THE
CATEGORY OR CATEGORIES OF CERTIFICATION IN WHICH THE APPLICANT IS ELIGI-
BLE.   The certification may restrict the applicant  to  the  use  of  a
certain type or types of equipment or materials.

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  d.  [Except  as  provided  in  paragraphs e and f of this subdivision,
pesticide] PESTICIDE applicator [certifications] CARDS  shall  be  valid
for  three  years [after] BY which TIME every applicator shall recertify
[according to the requirements then in effect. Certification identifica-
tion cards shall be valid for three years.
  e.  Private  applicator  certifications  shall be valid for five years
after which every such  applicator  shall  recertify  according  to  the
requirements  then in effect. Private applicator certification identifi-
cation cards shall be valid for five years.
  f. Pesticide  applicator  certification  for  a  commercial  pesticide
applicator with only subcategory 3A-ornamentals, shade trees and turf or
only  subcategory  3B-turf shall be valid for one year after which every
applicator shall recertify according to the requirements then in effect.
Certification identification cards for a commercial pesticide applicator
with only subcategory 3A-ornamentals,  shade  trees  and  turf  or  only
subcategory 3B-turf shall be valid for one year.
  g.] BY MEETING THE FOLLOWING REQUIREMENTS:
  (I)  ACQUIRE A MINIMUM OF EIGHTEEN TRAINING CREDIT HOURS FOR RECERTIF-
ICATION, WITH A MINIMUM OF FOUR TRAINING CREDITS ACQUIRED ANNUALLY; AND
  (II) SUCCESSFULLY PASSING A RECERTIFICATION EXAMINATION  CONDUCTED  BY
THE DEPARTMENT.
  E.   THE DEPARTMENT SHALL REVIEW AND EVALUATE ALL PESTICIDE APPLICATOR
CERTIFICATION AND RECERTIFICATION TRAINING MANUALS AND  EXAMINATIONS  AT
LEAST  ONCE  EVERY  FIVE  YEARS, INCLUDING AN EVALUATION OF THE TRAINING
INFORMATION REQUIRED, AND THE NUMBER AND TYPE OF QUESTIONS NECESSARY  TO
TEST APPLICANTS IN ALL REQUIRED AREAS OF KNOWLEDGE AND SKILLS.
  F.  The commissioner is authorized to provide all examinations, train-
ing materials, applications, and any other forms  or  written  materials
necessary  for  a  private and/or commercial applicator certification in
Spanish for applicants whose primary language is Spanish and  for  other
languages  if  the commissioner deems it necessary. The commissioner may
require applicants for registration  of  pesticides  to  make  available
pesticide  label  information  and  instructions  in  Spanish  and other
languages, when necessary, for applicators certified in Spanish or other
languages.
  S 9. Subdivisions 2 and 3 of  section  33-0907  of  the  environmental
conservation  law,  as  added  by  chapter  612 of the laws of 1983, are
amended to read as follows:
  2. Applications for pesticide business or agency registration shall be
made to the commissioner. The application shall be on a form  prescribed
by  the  commissioner  and shall provide such information as the commis-
sioner shall require.  EVERY PESTICIDE BUSINESS SHALL PROVIDE  PROOF  OF
CURRENT  LIABILITY INSURANCE WHICH DOES NOT CONTAIN ANY PROVISIONS WHICH
PREVENT PAYMENT OF CLAIMS FOR ENVIRONMENTAL OR HEALTH DAMAGES, OTHERWISE
KNOWN AS POLLUTION EXCLUSION CLAUSES.
  3. An [applicant] APPLICATION for pesticide business or agency  regis-
tration  shall  [satisfy standards, as determined by the commissioner to
be appropriate, with respect to knowledge and experience concerning  the
proper  use  and  application  of pesticides and pesticide equipment] BE
MADE BY OR ON BEHALF OF AN  INDIVIDUAL  WHO  IS  A  CERTIFIED  PESTICIDE
APPLICATOR  IN  EACH  CATEGORY OF PESTICIDE APPLICATION CONDUCTED BY THE
BUSINESS OR AGENCY, OR WHO EMPLOYS INDIVIDUALS WHO ARE CERTIFIED  PESTI-
CIDE  APPLICATORS IN EACH CATEGORY OF PESTICIDE APPLICATION CONDUCTED BY
THE BUSINESS OR AGENCY.
  S 10. Subdivisions 1 and 2 of section  33-0911  of  the  environmental
conservation  law,  subdivision  1  as amended by section 6 of part B of

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chapter 82 of the laws of 2002 and subdivision 2 as amended by section 2
of part U of chapter 59 of the laws of 2004,  are  amended  to  read  as
follows:
  1.  Every  applicant  for pesticide applicator certification shall pay
[an examination] A fee of fifty dollars for [each examination] THE  CORE
EXAMINATION,  EACH  CATEGORY  OR  SUB-CATEGORY  EXAMINATION OR RECERTIF-
ICATION EXAMINATION TAKEN.
  2. [a. Except as provided in paragraph b of  this  subdivision,  fees]
FEES  for  pesticide applicator certification IDENTIFICATION CARDS shall
be [two] THREE hundred [twenty-five] SEVENTY-FIVE dollars  for  [commer-
cial  pesticide applicator certification in one] EACH individual catego-
ry[, seventy-five dollars for each additional category and  seventy-five
dollars for each additional] OR sub-category chosen. [For private appli-
cators  a  fee  of twenty-five dollars for the initial certified private
applicator and five dollars for subsequent applicators on the same  farm
or  business  shall  be  charged  at  the time of initial certification,
renewal of certification or recertification.
  b. Fees for pesticide applicator certification for a commercial pesti-
cide applicator with only subcategory 3A-ornamentals,  shade  trees  and
turf or only subcategory 3B-turf shall be one hundred dollars.]
  S  11.  Subdivision  1  and  paragraph  b  of subdivision 2 of section
33-1205 of the environmental conservation law, as added by  chapter  279
of the laws of 1996, are amended to read as follows:
  1. All commercial applicators shall maintain pesticide use records for
each pesticide application containing the following:
  a. EPA registration number;
  b. product name;
  c. quantity of each pesticide used;
  d. date applied;
  e. location of application by address (including five-digit zip code).
  Such records shall be maintained for a period of not less than [three]
THIRTY  years  IN  A  MANNER  AND FORM SPECIFIED BY THE DEPARTMENT.  All
commercial applicators shall  file,  at  least  annually,  a  report  or
reports  containing  such  information  with  the department on computer
diskette or in printed form on or before February first  for  the  prior
calendar  year.  All  commercial  applicators shall also maintain corre-
sponding records of the dosage rates, methods of application and  target
organisms  for  each pesticide application. These records shall be main-
tained on an annual basis and retained for a period  of  not  less  than
[three]  THIRTY  years  IN A MANNER AND FORM SPECIFIED BY THE DEPARTMENT
and shall be available for inspection upon request by the department.
  b. All private applicators shall maintain[, at a  minimum,]  PESTICIDE
USE  records  of  [the  restricted pesticides purchased, crop treated by
such, method of] EACH PESTICIDE application[, and date of application or
applications] CONTAINING THE FOLLOWING INFORMATION:
  (I) EPA REGISTRATION NUMBER;
  (II) PRODUCT NAME;
  (III) QUANTITY OF EACH PESTICIDE USED;
  (IV) DATE APPLIED;
  (V) LOCATION OF  APPLICATION  BY  ADDRESS  (INCLUDING  FIVE-DIGIT  ZIP
CODE);
  (VI) CROP OR SITE TREATED; AND
  (VII) METHOD OF APPLICATION.
  SUCH  RECORDS SHALL BE MAINTAINED FOR A PERIOD OF NOT LESS THAN THIRTY
YEARS IN A MANNER AND FORM SPECIFIED  BY  THE  DEPARTMENT.  ALL  PRIVATE
APPLICATORS  SHALL FILE, AT LEAST ANNUALLY, A REPORT OR REPORTS CONTAIN-

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ING THE INFORMATION SPECIFIED IN SUBPARAGRAPHS (I), (II),  (III),  (IV),
AND  (VI) OF THIS PARAGRAPH, WITH THE DEPARTMENT ON COMPUTER DISKETTE OR
IN PRINTED FORM ON OR BEFORE FEBRUARY FIRST FOR THE PRIOR CALENDAR YEAR.
ALL PRIVATE APPLICATORS SHALL ALSO MAINTAIN CORRESPONDING RECORDS OF THE
DOSAGE  RATES,  METHODS OF APPLICATION, CROP TREATED AND TARGET ORGANISM
FOR EACH PESTICIDE APPLICATION.  This information shall be maintained on
an annual basis and retained for a minimum of [three] THIRTY years IN  A
MANNER  AND FORM SPECIFIED BY THE DEPARTMENT, and shall be available for
inspection upon request by the department.
  S 12. Subdivision 8 of section 33-1301 of the environmental  conserva-
tion  law,  as amended by chapter 685 of the laws of 1978, is amended to
read as follows:
  8. For any person to engage in THE COMMERCIAL  application  of  pesti-
cides  without a pesticide applicator [certificate registration] CERTIF-
ICATION IDENTIFICATION CARD issued by the commissioner; OR TO ENGAGE  IN
THE  PRIVATE  APPLICATION  OF  PESTICIDES WITHOUT A PESTICIDE APPLICATOR
CERTIFICATION IDENTIFICATION CARD ISSUED  BY  THE  COMMISSIONER,  except
while  working  under the direct supervision of [a certified applicator]
AN INDIVIDUAL CERTIFIED IN THE PRIVATE APPLICATION OF PESTICIDES.
  S 13. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law.