S T A T E O F N E W Y O R K
________________________________________________________________________
3819
2011-2012 Regular Sessions
I N A S S E M B L Y
January 27, 2011
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Local Governments
AN ACT to amend the general municipal law, in relation to integrated
pest management in municipal facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general municipal law is amended by adding a new
section 99-v to read as follows:
S 99-V. INTEGRATED PEST MANAGEMENT. 1. FOR THE PURPOSES OF THIS
SECTION:
(A) "FACILITY" SHALL MEAN THE BUILDINGS, LANDS AND OTHER APPURTENANCES
OWNED BY A MUNICIPALITY.
(B) "INTEGRATED PEST MANAGEMENT" SHALL 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 SUCH MANAGEMENT IS TO ELIMINATE THE
UNNECESSARY USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES.
(C) "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE.
2. TO ENSURE THAT MUNICIPAL FACILITIES ARE SAFE AND HEALTHY ENVIRON-
MENTS FOR WORKERS, THE PUBLIC AND OTHER OCCUPANTS, CERTAIN REQUIREMENTS
SHALL BE PLACED ON PESTICIDE USE IN SUCH FACILITIES.
3. EVERY MUNICIPALITY SHALL ESTABLISH AN INTEGRATED PEST MANAGEMENT
PLAN FOR ALL PEST CONTROL ACTIVITIES. ALL SUCH PLANS SHALL BE ESTAB-
LISHED AFTER PUBLIC REVIEW AND APPROVAL BY THE GOVERNING BOARD OF THE
MUNICIPALITY. SUCH PLANS SHALL UTILIZE INTEGRATED PEST MANAGEMENT TECH-
NIQUES TO MANAGE AND CONTROL PESTS AND PROBLEMS. EACH INTEGRATED PEST
MANAGEMENT PLAN SHALL INCLUDE A PROVISION FOR PUBLIC ACCESS TO ALL
INFORMATION ABOUT THE IMPLEMENTATION OF THE PLAN. MUNICIPALITIES MAY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06063-01-1
A. 3819 2
CREATE ADVISORY COMMITTEES TO ASSIST IN THE DEVELOPMENT OF THE INTE-
GRATED PEST MANAGEMENT PLAN, AND TO MONITOR THE IMPLEMENTATION OF THE
PLAN.
4. NO MUNICIPALITY SHALL CONDUCT PESTICIDE APPLICATIONS TO ITS FACILI-
TIES WHICH ARE PREVENTIVE IN NATURE AND DO NOT RESPOND TO EXISTING,
VERIFIABLE PEST PROBLEMS. IN EVERY INSTANCE IN WHICH A PESTICIDE APPLI-
CATION IS CONDUCTED AT A FACILITY, THE MUNICIPALITY SHALL:
(A) HAVE ALL SUCH APPLICATIONS CONDUCTED BY A CERTIFIED COMMERCIAL
APPLICATOR. NO PESTICIDE APPLICATION SHALL BE CONDUCTED BY ANY PERSON
WORKING UNDER THE DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICA-
TOR;
(B) PROMINENTLY POST A NOTICE OF THE PESTICIDE APPLICATION AND A COPY
OF THE PESTICIDE LABEL IN A COMMON AREA OF A 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 APPLICATION. THE NOTICE SHALL INCLUDE, AT
A MINIMUM, THE NAME AND TELEPHONE NUMBER OF THE MUNICIPAL EMPLOYEE OR
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; AND
(C) WHEN A PESTICIDE IS TO BE APPLIED TO MUNICIPAL GROUNDS, TURF,
TREES OR SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED IN SECTION
33-1003 OF THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST
EVERY FIFTY FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICA-
TION AREA.
5. EACH MUNICIPALITY SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL
EVALUATION OF THE IMPLEMENTATION OF ITS INTEGRATED PEST MANAGEMENT PLAN
AND FOR UPDATING ITS INTEGRATED PEST MANAGEMENT PLAN EVERY THREE YEARS.
SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE PUBLIC.
S 2. This act shall take effect on the sixtieth day after it shall
have become a law.