Assembly Bill A1764

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

                                  1764

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, RIVERA, TITUS, SWEENEY, GALEF, SCHI-
  MEL -- Multi-Sponsored by -- M. of A. COLTON, GOTTFRIED, PERRY -- read
  once and referred to the Committee on Environmental Conservation

AN  ACT to amend the parks, recreation and historic preservation law and
  the general municipal law, in relation to  non-toxic  pest  management
  and fertilization of park lands

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

  Section 1. Legislative findings. The legislature hereby finds that the
use of pesticides and chemical  fertilizers  is  incompatible  with  the
protection  of  natural  resources and pollution prevention. In order to
protect public health and avoid contamination of  the  environment,  the
legislature has determined that all park lands which are owned or leased
by  the office of parks, recreation and historic preservation or a muni-
cipality, shall be managed in a manner which avoids  the  use  of  toxic
materials  and  encourages  the use of natural materials and techniques.
All government agencies shall be required  to  utilize  an  approach  to
natural resource management which embodies these concepts.
  S 2. The parks, recreation and historic preservation law is amended by
adding a new section 13.12 to read as follows:
  S  13.12  NON-TOXIC PEST MANAGEMENT AND FERTILIZATION. 1. NO PESTICIDE
OR CHEMICAL FERTILIZER SHALL BE APPLIED  TO  ANY  STATE  PARK,  PARKWAY,
RECREATION  FACILITY  OR  HISTORIC SITE UNDER THE CUSTODY AND CONTROL OF
THE OFFICE.
  2. TO ASSIST THE OFFICE IN MEETING THE REQUIREMENTS  OF  THIS  SECTION
AND  MUNICIPALITIES IN MEETING THE REQUIREMENTS OF SECTION NINETY-NINE-X
OF THE GENERAL MUNICIPAL LAW, A STATE PEST MANAGEMENT COMMITTEE SHALL BE
CREATED AND APPOINTED WITHIN NINETY DAYS OF THE EFFECTIVE DATE  OF  THIS
SECTION,  TO DEVELOP PROCEDURES, METHODS AND OTHER INFORMATION WHICH MAY
BE USED TO ACCOMPLISH PEST MANAGEMENT ON  PUBLIC  LANDS.  THE  COMMITTEE

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

                                                           LBD05722-01-3

A. 1764                             2

SHALL  CONSIST  OF  A  REPRESENTATIVE OF THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE OFFICE, THE ADIRONDACK  PARK  AGENCY,  THE  OFFICE  OF
GENERAL SERVICES, THE DEPARTMENT OF HEALTH, AND SIX MEMBERS APPOINTED BY
THE  GOVERNOR; TWO EACH UPON RECOMMENDATION OF THE SPEAKER OF THE ASSEM-
BLY AND THE TEMPORARY PRESIDENT OF  THE  SENATE.  ALL  PERSONS  WHO  ARE
APPOINTED SHALL HAVE EXPERTISE APPROPRIATE TO THE GOALS AND REQUIREMENTS
OF THE COMMITTEE.
  3.  THE  OFFICE  SHALL DEVELOP AND FILE A PEST MANAGEMENT PLAN FOR ALL
LAND UNDER ITS CUSTODY AND CONTROL WITH THE DEPARTMENT OF  ENVIRONMENTAL
CONSERVATION  WITHIN  ONE  HUNDRED  TWENTY DAYS OF THE EFFECTIVE DATE OF
THIS SECTION. SUCH PLAN SHALL DOCUMENT THE PROCEDURES  FOR  IDENTIFYING,
MONITORING  AND  CORRECTING PEST PROBLEMS ON THE LANDS WHICH IT MANAGES.
SUCH PLAN SHALL INCLUDE PROCEDURES  FOR  HANDLING  UNANTICIPATED  PUBLIC
HEALTH  EMERGENCIES.  WHEN  A DOCUMENTED PUBLIC HEALTH EMERGENCY ARISES,
WHICH IS CONFIRMED BY THE DEPARTMENT OF HEALTH, THE  OFFICE  MAY  USE  A
LEAST-TOXIC AVAILABLE PESTICIDE TO CONTROL A PEST PROBLEM ONLY AS A LAST
RESORT.
  S 3. The general municipal law is amended by adding a new section 99-x
to read as follows:
  S  99-X. NON-TOXIC PEST MANAGEMENT AND FERTILIZATION OF PARK LANDS. 1.
NO PESTICIDE OR CHEMICAL FERTILIZER SHALL BE APPLIED TO  ANY  PARK  LAND
UNDER THE CUSTODY AND CONTROL OF A MUNICIPAL CORPORATION.
  2. EACH MUNICIPAL CORPORATION SHALL DEVELOP AND FILE A PEST MANAGEMENT
PLAN  FOR  ITS PARK LANDS WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION WITHIN ONE HUNDRED TWENTY  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION. EACH SUCH PLAN SHALL DOCUMENT PROCEDURES FOR IDENTIFYING, MONI-
TORING  AND  CORRECTING  PEST  PROBLEMS  ON PARK LANDS WHICH IT MANAGES.
SUCH PLANS SHALL INCLUDE PROCEDURES FOR  HANDLING  UNANTICIPATED  PUBLIC
HEALTH  EMERGENCIES.  WHEN  A DOCUMENTED PUBLIC HEALTH EMERGENCY ARISES,
WHICH IS CONFIRMED BY THE DEPARTMENT OF  HEALTH,  THE  MUNICIPAL  CORPO-
RATION MAY USE A LEAST-TOXIC AVAILABLE PESTICIDE TO CONTROL A PEST PROB-
LEM ONLY AS A LAST RESORT.
  S 4. This act shall take effect immediately.