S T A T E O F N E W Y O R K
________________________________________________________________________
3104--A
2011-2012 Regular Sessions
I N A S S E M B L Y
January 24, 2011
___________
Introduced by M. of A. ZEBROWSKI, SWEENEY, CASTRO, LIFTON, MENG, SCHI-
MEL, JAFFEE -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED,
O'DONNELL, P. RIVERA, TITONE, WEISENBERG -- read once and referred to
the Committee on Environmental Conservation -- recommitted to the
Committee on Environmental Conservation in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the environmental conservation law, the social services
law and the education law, in relation to integrated pest management
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
INTEGRATED PEST MANAGEMENT
SECTION 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED PEST MANAGEMENT
PLAN.
S 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION
AND THE COMMISSIONER OF HEALTH, SHALL DEVELOP AN INTEGRATED PEST MANAGE-
MENT PLAN FOR ALL CHILD DAY CARE CENTERS OR HEAD START DAY CARE CENTERS,
AS DEFINED IN SUBDIVISION SIX OF SECTION THREE HUNDRED NINETY-A OF THE
SOCIAL SERVICES LAW, AND ALL SCHOOLS.
S 33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
1. "INTEGRATED PEST MANAGEMENT" AND "(IPM)" SHALL MEAN A DECISION-MAK-
ING PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETER-
MINE IF AND WHEN CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL,
CULTURAL, BIOLOGICAL AND EDUCATIONAL PRACTICES TO CONTROL CONDITIONS
THAT PROMOTE PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT TOLERABLE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06213-02-2
A. 3104--A 2
DAMAGE OR ANNOYANCE LEVELS; AND ONLY AS A LAST RESORT, UTILIZES
LEAST-TOXIC PESTICIDE CONTROLS.
2. THE INTEGRATED PEST MANAGEMENT PLAN FOR CHILD DAY CARE CENTERS, AND
HEAD START DAY CARE CENTERS AND SCHOOLS, AS DEVELOPED BY THE COMMISSION-
ER, SHALL REQUIRE AT A MINIMUM THE FOLLOWING:
A. A PROVISION FOR PUBLIC ACCESS TO ALL INFORMATION ABOUT THE IMPLE-
MENTATION OF THE PLANS;
B. ALL PESTICIDE APPLICATIONS TO BE CONDUCTED BY A CERTIFIED COMMER-
CIAL APPLICATOR. PESTICIDE APPLICATIONS BY PERSONS WORKING UNDER THE
DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICATOR SHALL BE PROHIB-
ITED;
C. WHEN PESTICIDES ARE TO BE APPLIED TO THE GROUNDS, TURF, TREES OR
SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED IN SECTION 33-1003 OF
THIS ARTICLE, SHALL BE POSTED AT LEAST EVERY FIFTY FEET WITH AT LEAST
ONE MARKER ON EACH SIDE OF THE APPLICATION AREA;
D. APPLICATION OF PESTICIDES SHALL BE DONE UTILIZING THE LEAST TOXIC
SUBSTANCES THAT WOULD PROVE EFFECTIVE; AND
E. A COPY OF THE PESTICIDE LABEL TO BE PROMINENTLY POSTED IN A COMMON
AREA OF ANY BUILDING WHICH IS TO RECEIVE THE PESTICIDE APPLICATION. SUCH
NOTICE AND A LEGIBLE COPY OF THE PESTICIDE PRODUCT LABEL SHALL REMAIN
POSTED FOR AT LEAST FORTY-EIGHT HOURS FOLLOWING THE PESTICIDE APPLICA-
TION. THE NOTICE SHALL INCLUDE, AT A MINIMUM, THE NAME AND TELEPHONE
NUMBER OF THE CONTACT PERSON WHO SHALL PROVIDE DETAILED INFORMATION ON
THE PESTICIDE APPLICATION. A COPY OF THE PESTICIDE LABEL SHALL BE MADE
AVAILABLE TO ANY PERSON REQUESTING SUCH LABEL WITHIN TWENTY-FOUR HOURS
OF SUCH REQUEST.
S 33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED PEST MANAGEMENT PLAN.
A CHILD DAY CARE CENTER, HEAD START DAY CARE CENTER OR SCHOOL MAY
PROPOSE AN INTEGRATED PEST MANAGEMENT PLAN, SEPARATE FROM THE COMMIS-
SIONER'S PLAN, BASED UPON THE UNIQUE CIRCUMSTANCES OF THE DAY CARE
CENTER OR SCHOOL. THE COMMISSIONER MAY APPROVE OR DENY THE APPLICATION
BASED UPON AN ANALYSIS OF THE UNIQUE CIRCUMSTANCES COMPARED TO THE GOALS
OF THE COMMISSIONER'S INTEGRATED PEST MANAGEMENT PLAN. UPON APPROVAL OF
SUCH APPLICATION BY THE COMMISSIONER, THE DAY CARE CENTER OR SCHOOL MAY
SUBSTITUTE THE COMMISSIONER'S PLAN WITH THE APPROVED INDIVIDUAL INTE-
GRATED PESTICIDE MANAGEMENT PLAN IN COMPLIANCE WITH THIS TITLE.
S 2. Section 390-a of the social services law is amended by adding a
new subdivision 6 to read as follows:
6. ALL PROVIDERS OF A CHILD DAY CARE CENTER AS DEFINED IN SECTION
THREE HUNDRED NINETY OF THIS TITLE, OR A HEAD START DAY CARE CENTER
FUNDED PURSUANT TO TITLE V OF THE FEDERAL OPPORTUNITY ACT OF NINETEEN
HUNDRED SIXTY-FOUR, AS AMENDED, ARE REQUIRED TO IMPLEMENT AN INTEGRATED
PEST MANAGEMENT PLAN WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMIS-
SIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE
SEVENTEEN OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
S 3. The education law is amended by adding a new section 409-l to
read as follows:
S 409-L. INTEGRATED PEST MANAGEMENT REQUIREMENTS FOR SCHOOLS. ALL
SCHOOLS ARE REQUIRED TO IMPLEMENT AN INTEGRATED PEST MANAGEMENT PLAN
WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMISSIONER OF THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE SEVENTEEN OF ARTI-
CLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.