S T A T E O F N E W Y O R K
________________________________________________________________________
1159
2009-2010 Regular Sessions
I N S E N A T E
January 26, 2009
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Environmental Conser-
vation
AN ACT to amend the environmental conservation law, in relation to the
commercial application of aquatic antifouling paints
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 33-0922 of the environmental
conservation law, as amended by chapter 345 of the laws of 2008, is
amended to read as follows:
5. When engaged in the commercial application of aquatic antifouling
paints, an aquatic antifouling paint application business shall ensure
that such aquatic antifouling paints are [only] applied by an employee
who is a certified commercial pesticide applicator or technician certi-
fied in the application of aquatic antifouling paint or an aquatic anti-
fouling paint applicator, or a person who is a certified commercial
pesticide applicator or technician certified in the application of
aquatic antifouling paint or an aquatic antifouling paint applicator
employed by another registered business with which such business has
contracted to apply aquatic antifouling paints; provided, however, that
[until December thirty-first, two thousand eight,] aquatic antifouling
paint may be applied by a commercial pesticide apprentice who is
employed by such business (a) working under the direct supervision of a
certified commercial pesticide applicator, or (b) working under the
supervision of a certified pesticide technician qualified in aquatic
antifouling paints, if such application is otherwise done in compliance
with the rules and regulations of the department.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06879-01-9