Senate Bill S1901A

Signed By Governor
2009-2010 Legislative Session

Requires commercial pesticide applicators to provide notice to residents of multiple family dwellings prior to the application of pesticide on such premises

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Sponsored By

Archive: Last Bill Status Via A5823 - 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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Bill Amendments

co-Sponsors

2009-S1901 (ACTIVE) - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§33-0905 & 33-1001, En Con L

2009-S1901 (ACTIVE) - Summary

Requires owner of a multiple dwelling to supply all occupants with a copy of the information and warnings contained on the label of a pesticide at least 48 hours before application of such pesticide; requires such information be posted in a conspicuous location in the dwelling; provides an exception for emergency applications; makes provisions relating to electronic transmittal of certain commercial lawn pesticide label warnings to dwelling owners.

2009-S1901 (ACTIVE) - Sponsor Memo

2009-S1901 (ACTIVE) - Bill Text download pdf

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

                                  1901

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- 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
  notification  to  occupants  of  multiple  family dwellings of pending
  commercial application of pesticide

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

  Section 1. Subparagraph (i) of paragraph b of subdivision 1 of section
33-1004  of  the environmental conservation law, as added by chapter 285
of the laws of 2000, is amended to read as follows:
  (i) At least forty-eight hours prior to any commercial  lawn  applica-
tion  of  a  pesticide,  the  person or business making such application
shall supply written notice, as defined in subdivision three of  section
33-1005 of this article[,] to:
  A.  occupants  of all dwellings, as defined in paragraph d of subdivi-
sion five of section 33-0905 of this article, on abutting property  with
a  boundary  that  is  within one hundred fifty feet of the site of such
application; and to owners, owners' agents, or other persons in a  posi-
tion  of  authority for all other types of premises, as defined in para-
graph d of subdivision five of section 33-0905 of this article, that are
on abutting property with a boundary that is within  one  hundred  fifty
feet  of  the  site  of  such application.   Owners or owners' agents of
multiple family dwellings shall supply such written notice to the  occu-
pants of such multiple family dwellings and for all other types of prem-
ises, owners, owners' agents or other persons in a position of authority
shall  post such written notice in a manner specified by the commission-
er[.]; AND
  B. OWNERS, OWNERS' AGENTS OR OTHER PERSONS IN POSITIONS  OF  AUTHORITY
FOR MULTIPLE FAMILY DWELLINGS, THE PROPERTY OF WHICH IS THE SITE OF SUCH
APPLICATION.  OWNERS,  OR  OWNERS'  AGENTS  OF MULTIPLE FAMILY DWELLINGS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05269-01-9

              

co-Sponsors

2009-S1901A - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§33-0905 & 33-1001, En Con L

2009-S1901A - Summary

Requires owner of a multiple dwelling to supply all occupants with a copy of the information and warnings contained on the label of a pesticide at least 48 hours before application of such pesticide; requires such information be posted in a conspicuous location in the dwelling; provides an exception for emergency applications; makes provisions relating to electronic transmittal of certain commercial lawn pesticide label warnings to dwelling owners.

2009-S1901A - Sponsor Memo

2009-S1901A - Bill Text download pdf

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

                                 1901--A
    Cal. No. 86

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 9, 2009
                               ___________

Introduced  by  Sen.  KLEIN  -- 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 -- reported favorably from  said  committee,  ordered  to
  first  and  second  report, ordered to a third reading, substituted by
  Assembly Bill No. 5823, substitution reconsidered, restored  to  third
  reading,  amended  and  ordered  reprinted, retaining its place in the
  order of third reading

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  commercial applications of pesticides

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

  Section 1. Paragraph b of subdivision 5  of  section  33-0905  of  the
environmental conservation law, as amended by chapter 216 of the laws of
2007, is amended to read as follows:
  b. Except as provided in paragraph c of this subdivision, every certi-
fied applicator shall, prior to the application of a pesticide within or
on  the  premises  of  a multiple dwelling, building, or structure other
than a dwelling, supply the owner or his OR HER agent, with  a  copy  of
the  information,  including all warnings, contained on the label of the
pesticide to be applied. Such information shall be supplied in either  a
written,  digital  or electronic format which shall be determined by the
owner or his or her agent, provided however that the certified  applica-
tor  must  also  have  a  written copy of such information in his or her
[possession] CUSTODY AT THE TIME OF APPLICATION.  Such  owner  or  agent
shall  make  available upon request at reasonable times such information
in written, DIGITAL or electronic [form  if  available]  FORMAT  to  the
occupants  or  residents  of such multiple dwelling, building, or struc-
ture. THE OWNER OF A MULTIPLE DWELLING OR HIS OR  HER  AGENT  SHALL,  AT
LEAST FORTY-EIGHT HOURS PRIOR TO EACH COMMERCIAL APPLICATION OF A PESTI-
CIDE  WITHIN  A  DWELLING UNIT, SUPPLY THE OCCUPANTS OF THAT UNIT WITH A
COPY OF THE INFORMATION, INCLUDING ALL WARNINGS, CONTAINED ON THE  LABEL
OF  THE  PESTICIDE  TO  BE APPLIED. IN ADDITION, THE OWNER OF A MULTIPLE
DWELLING OR HIS OR HER AGENT SHALL, AT LEAST FORTY-EIGHT HOURS PRIOR  TO
              

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