S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2227 A. 5463
2009-2010 Regular Sessions
S E N A T E - A S S E M B L Y
February 13, 2009
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IN SENATE -- Introduced by Sens. LAVALLE, DIAZ, HANNON, MORAHAN, PARKER
-- read twice and ordered printed, and when printed to be committed to
the Committee on Environmental Conservation
IN ASSEMBLY -- Introduced by M. of A. ALESSI -- read once and referred
to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
requiring notification of pesticide use on golf courses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 33 of the environmental conservation law is amended
by adding a new title 17 to read as follows:
TITLE 17
SPECIAL REQUIREMENTS FOR GOLF COURSES
SECTION 33-1701. REQUIREMENTS AND RESTRICTIONS.
33-1703. VISUAL NOTIFICATION.
S 33-1701. REQUIREMENTS AND RESTRICTIONS.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE OPERATOR OF
ANY GOLF COURSE SHALL, UPON REQUEST, PROVIDE TO ANY INDIVIDUAL, THE
FOLLOWING INFORMATION: TRADE NAMES, AMOUNTS AND DATES OF ALL APPLICA-
TIONS OF ALL PESTICIDES APPLIED TO SUCH GOLF COURSE WITHIN THE PRECEDING
SEVEN DAYS.
S 33-1703. VISUAL NOTIFICATION.
THE OPERATOR OF ANY GOLF COURSE UPON WHICH ANY PESTICIDE HAS BEEN
APPLIED SHALL POST IN A CONSPICUOUS PLACE, SIGNS IN THE AREA OF THE
FIRST AND TENTH TEES OF SUCH GOLF COURSE, AND IF DAILY GREENS FEES ARE
PAID, SIGNS AT THE POINT WHERE SUCH FEES ARE PAID. SUCH SIGNS SHALL BE
POSTED ON THE DAY ANY PESTICIDE IS APPLIED AND SHALL REMAIN IN PLACE
UNTIL THE END OF THE SECOND DAY AFTER THE DATE OF SUCH APPLICATION. SUCH
SIGNS SHALL STATE, IN LETTERS AT LEAST ONE-HALF INCH HIGH, THE DATE OF
APPLICATION AND THE TRADE NAME OF ANY AND ALL PESTICIDES APPLIED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08883-01-9
S. 2227 2 A. 5463
S 2. Subdivisions 1 and 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:
1. Administrative sanctions. Except as otherwise provided in this
subdivision, any person who violates any provision of article [33] THIR-
TY-THREE of this chapter or any rule, regulation or order issued there-
under or commits any offense described in section 33-1301 of this chap-
ter shall be liable to the people of the state for a civil penalty not
to exceed five thousand dollars for a first violation, and not to exceed
ten thousand dollars for a subsequent offense, to be assessed by the
commissioner after a hearing or opportunity to be heard. Notwithstanding
any provision of law to the contrary, an owner or owner's agent of a
multiple dwelling or owner, owner's agent or a person in a position of
authority for all other types of premises, as such terms are defined in
paragraph d of subdivision five of section 33-0905 of this chapter, who
violates any provision of a local law adopted pursuant to subdivision
one of section 33-1004 of this chapter relating to paragraph b of such
subdivision, and a person, who violates any provision of a local law
adopted pursuant to subdivision one of section 33-1004 of this chapter
relating to paragraph c of such subdivision, and a person who violates
the provisions of subdivision three of section three hundred ninety-c of
the social services law, AS ADDED BY CHAPTER TWO HUNDRED EIGHTY-FIVE OF
THE LAWS OF TWO THOUSAND, shall, for a first such violation, in lieu of
a penalty, be issued a written warning and shall also be issued educa-
tional materials pursuant to subdivision two of section 33-1005, AS
ADDED BY CHAPTER TWO HUNDRED EIGHTY-FIVE OF THE LAWS OF TWO THOUSAND, of
this chapter. Such person shall, however, for a second 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.
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 OTHER
PROVISION OF LAW TO THE CONTRARY, A GOLF COURSE OPERATOR, WHO VIOLATES
ANY PROVISION OF TITLE SEVENTEEN OF ARTICLE THIRTY-THREE OF THIS CHAPTER
SHALL, FOR A FIRST SUCH VIOLATION, IN LIEU OF A PENALTY, BE ISSUED AT
THE TIME OF THE OFFENSE A WRITTEN WARNING. SUCH PERSON SHALL, HOWEVER,
FOR A SECOND VIOLATION, BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL
PENALTY NOT TO EXCEED ONE HUNDRED DOLLARS, AND NOT EXCEED TWO HUNDRED
FIFTY DOLLARS FOR ANY SUBSEQUENT VIOLATION. SUCH PENALTIES SHALL 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
S. 2227 3 A. 5463
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
20.20 of the penal law, violates any provision of article [33]
THIRTY-THREE 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] THIRTY-THREE of this
chapter or any rule or regulation thereunder or commits any offense
described in section 33-1301 of this chapter 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 subsequent 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. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PENALTIES PURSUANT
TO THIS SUBDIVISION MAY NOT BE ASSESSED WITH RESPECT TO VIOLATIONS OF
TITLE SEVENTEEN OF ARTICLE THIRTY-THREE OF THIS CHAPTER. With respect to
violations of section 33-1004 of this chapter, penalties imposed pursu-
ant to this subdivision may be assessed only against a person providing
a commercial lawn application.
S 3. This act shall take effect immediately.