NY State Senate Bill 2013-S5288D

Archive: Last Bill Status - In Senate Committee Health Committee

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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 24, 2014	print number 5288d
Mar 24, 2014	amend and recommit to health
Jan 08, 2014	referred to health
Jun 14, 2013	print number 5288c
Jun 14, 2013	amend and recommit to health
Jun 12, 2013	print number 5288b
Jun 12, 2013	amend and recommit to health
Jun 10, 2013	print number 5288a
Jun 10, 2013	amend (t) and recommit to health
May 15, 2013	referred to health

Bill Amendments

Original

D (Active)

2013-S5288 - Details

See Assembly Version of this Bill:: A4841
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1420, A129
2017-2018: S1371, A441
2019-2020: S1145, A1051
2021-2022: S4478, A528

2013-S5288 - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-S5288 - Sponsor Memo

                                BILL NUMBER:S5288

TITLE OF BILL:  An act to amend the public health law, in relation to
prohibiting the use of pesticides at children's overnight or summer
day camp

PURPOSE:

To extend New York State's school anti-pesticide laws to children's
overnight and summer day camps. This act will ensure that no
children's overnight or summer day camp applies pesticide to any
playground, turf, athletic or playing field.

SUMMARY OF PROVISIONS:

Section 1 amends the public health law by renumbering section 1396 as
section 1397 and by adding a new section 1396. Paragraph 1 of section
1396 defines "pesticide" as set forth in subdivision thirty-five of
section 33-0101 of the environmental conservation law and lists
pesticide alternatives, which are not included in the definition of
"pesticide." Paragraph 2 of section 1396 provides that no children's
overnight camp or summer day shall apply pesticide to any playground,
turf, athletic or playing fields, except that an emergency application
of a pesticide may be made as determined by the county health
department or, for a county not having a health department, such
authority as the county legislature shall designate, the commissioner

or his or her designee or the commissioner of environmental
conservation or his or her designee.

Section 2 provides the effective date.

JUSTIFICATION:

New York State has already enacted anti-pesticide laws for Dublin and
non-public schools. As the American Academy of Pediatrics reported on
November 26, 2012, "childhood exposure to pesticides is associated
with pediatric cancers, decreased cognitive functions and behavioral
problems." The National Academy of Sciences also reported that 3% of
all neurobehavioral disorders in children are caused by toxic
exposures in the environment and that another 25% are cause by
interactions between the environmental factors and genetics.

Anti-pesticide legislation does not currently apply to children's
overnight or summer day camps, where children play and spend time,
exactly as they do in school. This bill with ensure that children can
play in a safe and chemical-free environment, while taking into
consideration emergency situations, in which the use of pesticide is
determined as necessary by the competent authority for public safety
reasons.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2013-S5288 - Bill Text download pdf

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

                                  5288

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation  to  prohibiting  the
  use of pesticides at children's overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S 1396. PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF  THIS  SECTION
"PESTICIDE"  SHALL  HAVE  THE  SAME  MEANING AS SET FORTH IN SUBDIVISION
THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF  EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM
AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING  VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C)  THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST-
ANT CONTAINER;
  (D) THE APPLICATION OF A PESTICIDE CLASSIFIED  BY  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F) THE USE OF  HORTICULTURAL  SOAP  AND  OILS  THAT  DO  NOT  CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2.  NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY PESTI-
CIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS,  EXCEPT  THAT
AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE
COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH DEPARTMENT,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08299-03-3

S. 5288                             2

SUCH  AUTHORITY  AS  THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMIS-
SIONER OR HIS OR HER  DESIGNEE  OR  THE  COMMISSIONER  OF  ENVIRONMENTAL
CONSERVATION OR HIS OR HER DESIGNEE.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law.   Effective immediately the department of
health and the department of environmental conservation  may  promulgate
any  rule  or regulation necessary for the timely implementation of this
act on its effective date.

2013-S5288A - Details

See Assembly Version of this Bill:: A4841
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1420, A129
2017-2018: S1371, A441
2019-2020: S1145, A1051
2021-2022: S4478, A528

2013-S5288A - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-S5288A - Sponsor Memo

                                BILL NUMBER:S5288A

TITLE OF BILL:  An act to amend the public health law and the
environmental conservation law, in relation to prohibiting the use of
pesticides at children's overnight or summer day camp

PURPOSE:  To extend New York State's school anti-pesticide laws to
children's overnight and summer day camps. This act will ensure that
no children's overnight or summer day camp applies pesticide to any
playground, turf, athletic or playing field.

SUMMARY OF PROVISIONS:

Section 1 amends the public health law by renumbering section 1396 as
section 1397 and by adding a new section 1396. Section 1396 defines
"pesticide" as set forth in subdivision thirty-five of section 33-0101
of the environmental conservation law and lists pesticide
alternatives, which are not included in the definition of "pesticide."
This section provides that no children's overnight camp or summer day
shall apply pesticide to any playground, turf, athletic or playing
fields, except that an emergency application of a pesticide has been
determined. This section also provides that the commissioner shall
have the power to except by rule from this article and the sanitary
code any children's overnight camps or summer day camp for which it is
not practicable to use pesticide alternatives.

Section 2 amends subdivision 7 of section 33-0303 of the environmental
conservation law, to extend the existing provisions related to
guidance on pesticide alternatives to summer camps.

Section 3 provides the effective date.

JUSTIFICATION:  New York State has already enacted anti-pesticide laws
for Dublin and non-public schools. As the American Academy of
Pediatrics reported on November 26, 2012, "childhood exposure to
pesticides is associated with pediatric cancers, decreased cognitive
functions and behavioral problems." The National Academy of Sciences
also reported that 3% of all neurobehavioral disorders in children are
caused by toxic exposures in the environment and that another 25% are
cause by interactions between the environmental factors and genetics.

Anti-pesticide legislation does not currently apply to children's
overnight or summer day camps, where children play and spend time,
exactly as they do in school. This bill with ensure that children can
play in a safe and chemical-free environment, while taking into
consideration emergency situations, in which the use of pesticide is
determined as necessary by the competent authority for public safety
reasons.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the one hundred
eightieth day after it shall have become a law,

2013-S5288A - Bill Text download pdf

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

                                 5288--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law and the environmental conservation
  law,  in  relation  to prohibiting the use of pesticides at children's
  overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S  1396.  PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF THIS SECTION
"PESTICIDE" SHALL HAVE THE SAME MEANING  AS  SET  FORTH  IN  SUBDIVISION
THIRTY-FIVE  OF  SECTION  33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A) THE APPLICATION OF ANTI-MICROBIAL  PESTICIDES  AND  ANTI-MICROBIAL
PRODUCTS  AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS  FROM
AN  IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C) THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER  RESIST-
ANT CONTAINER;
  (D)  THE  APPLICATION  OF  A PESTICIDE CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR  PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS  THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08299-07-3

S. 5288--A                          2

  2. NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY  PESTI-
CIDE  TO  ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, EXCEPT THAT
AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE
COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH DEPARTMENT,
SUCH  AUTHORITY  AS  THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMIS-
SIONER OR HIS OR HER  DESIGNEE  OR  THE  COMMISSIONER  OF  ENVIRONMENTAL
CONSERVATION OR HIS OR HER DESIGNEE.
  3.  THE  COMMISSIONER SHALL HAVE THE POWER TO EXCEPT BY RULE FROM THIS
ARTICLE AND THE SANITARY CODE ANY CHILDREN'S OVERNIGHT  CAMP  OR  SUMMER
DAY  CAMP  FOR WHICH IT IS NOT PRACTICABLE TO USE PESTICIDE ALTERNATIVES
AS DEFINED IN SUBDIVISION ONE OF THIS SECTION.
  S 2.  Subdivision 7 of section 33-0303 of the environmental  conserva-
tion law, as added by chapter 85 of the laws of 2010, is amended to read
as follows:
  7.  The  commissioner, in consultation with the commissioner of educa-
tion and the commissioner of health, shall develop guidance on pesticide
alternatives to facilitate compliance with section four  hundred  nine-k
of  the  education  law  [and],  three  hundred  ninety-g  of the social
services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.   Effective immediately  the  department  of
health  and  the department of environmental conservation may promulgate
any rule or regulation necessary for the timely implementation  of  this
act on its effective date.

2013-S5288B - Details

See Assembly Version of this Bill:: A4841
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1420, A129
2017-2018: S1371, A441
2019-2020: S1145, A1051
2021-2022: S4478, A528

2013-S5288B - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-S5288B - Sponsor Memo

                                BILL NUMBER:S5288B

TITLE OF BILL:  An act to amend the public health law and the
environmental conservation law, in relation to prohibiting the use of
pesticides at children's overnight or summer day camp

PURPOSE:  To extend New York State's school anti-pesticide laws to
children's overnight and summer day camps. This act will ensure that
no children's overnight or summer day camp applies pesticide to any
playground, turf, athletic or playing field.

SUMMARY OF PROVISIONS:

Section 1 amends the public health law by renumbering section 1396 as
section 1397 and by adding a new section 1396. Section 1396 defines
"pesticide" as set forth in subdivision thirty-five of section 33-0101
of the environmental conservation law and lists pesticide
alternatives, which are not included in the definition of "pesticide."
This section provides that no children's overnight camp or summer day
camp shall apply pesticide to any playground, turf, athletic or
playing fields, except that an emergency application of a pesticide
has been determined. This section also provides that the commissioner
shall have the power to exempt from this section any children's
overnight camp or summer day camp to the extent that it is not
practicable to use pesticide alternatives.

Section 2 amends subdivision 7 of section 33-0303 of the environmental
conservation law, to extend the existing provisions related to
guidance on pesticide alternatives to summer camps.

Section 3 provides the effective date.

JUSTIFICATION:  New York State has already enacted anti-pesticide laws
for Dublin and non-public schools. As the American Academy of
Pediatrics reported on November 26, 2012, "childhood exposure to
pesticides is associated with pediatric cancers, decreased cognitive
functions and behavioral problems." The National Academy of Sciences
also reported that 3% of all neurobehavioral disorders in children are
caused by toxic exposures in the environment and that another 25% are
cause by interactions between the environmental factors and genetics.

Anti-pesticide legislation does not currently apply to children's
overnight or summer day camps, where children play and spend time,
exactly as they do in school. This bill with ensure that children can
play in a safe and chemical-free environment, while taking into
consideration emergency situations, in which the use of pesticide is
determined as necessary by the competent authority for public safety
reasons.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:  This act shall take effect on the one hundred
eightieth day after it shall have become a law.

2013-S5288B - Bill Text download pdf

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

                                 5288--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the public health law and the environmental conservation
  law, in relation to prohibiting the use of  pesticides  at  children's
  overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S 1396. PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF  THIS  SECTION
"PESTICIDE"  SHALL  HAVE  THE  SAME  MEANING AS SET FORTH IN SUBDIVISION
THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF  EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM
AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING  VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C)  THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST-
ANT CONTAINER;
  (D) THE APPLICATION OF A PESTICIDE CLASSIFIED  BY  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F) THE USE OF  HORTICULTURAL  SOAP  AND  OILS  THAT  DO  NOT  CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08299-09-3

S. 5288--B                          2

  2.  NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY PESTI-
CIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING FIELDS,  EXCEPT  THAT
AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE AS DETERMINED BY THE
COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH DEPARTMENT,
SUCH  AUTHORITY  AS  THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMIS-
SIONER OR HIS OR HER  DESIGNEE  OR  THE  COMMISSIONER  OF  ENVIRONMENTAL
CONSERVATION OR HIS OR HER DESIGNEE.
  3.  THE  COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM THIS SECTION
ANY CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP TO THE EXTENT  THAT  IT
IS  NOT PRACTICABLE TO USE PESTICIDE ALTERNATIVES AS DEFINED IN SUBDIVI-
SION ONE OF THIS SECTION.
  S 2.  Subdivision 7 of section 33-0303 of the environmental  conserva-
tion law, as added by chapter 85 of the laws of 2010, is amended to read
as follows:
  7.  The  commissioner, in consultation with the commissioner of educa-
tion and the commissioner of health, shall develop guidance on pesticide
alternatives to facilitate compliance with section four  hundred  nine-k
of  the  education  law  [and],  three  hundred  ninety-g  of the social
services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.   Effective immediately  the  department  of
health  and  the department of environmental conservation may promulgate
any rule or regulation necessary for the timely implementation  of  this
act on its effective date.

co-Sponsors

2013-S5288C - Details

See Assembly Version of this Bill:: A4841
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1420, A129
2017-2018: S1371, A441
2019-2020: S1145, A1051
2021-2022: S4478, A528

2013-S5288C - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-S5288C - Sponsor Memo

                                BILL NUMBER:S5288C

TITLE OF BILL:  An act to amend the public health law and the
environmental conservation law, in relation to prohibiting the use of
pesticides at children's overnight or summer day camp

PURPOSE:

To extend New York State's school anti-pesticide laws to children's
overnight and summer day camps. This act will ensure that no
children's overnight or summer day camp applies pesticide to any
playground, turf, athletic or playing -field.

SUMMARY OF PROVISIONS:

Section 1 amends the public health law by renumbering section 1396 as
section 1397 and by adding a new section 1396. Section 1396 defines
"pesticide" as set forth in subdivision thirty-five of section 33-0101
of the environmental conservation law and lists pesticide
alternatives, which are not included in the definition of "pesticide."
This section provides that no children's overnight camp or summer day
shall apply pesticide to any playground, turf, athletic or playing
fields, other than those on publicly-owned or publicly-leased property
in a city of more than one million, except that an emergency
application of a pesticide has been determined.  This section also
provides that the commissioner shall have the power to exempt from

this section any children's overnight camp or summer day camp to the
extent that it is not practicable to use pesticide alternatives.

Section 2 amends subdivision 7 of section 33-0303 of the environmental
conservation law, to extend the existing provisions related to
guidance on pesticide alternatives to summer camps.

Section 3 provides the effective date.

JUSTIFICATION:

New York State has already enacted anti-pesticide laws for Dublin and
non-public schools. As the American Academy of Pediatrics reported on
November 26, 2012, "childhood exposure to pesticides is associated
with pediatric cancers, decreased cognitive functions and behavioral
problems." The National Academy of Sciences also reported that 3% of
all neurobehavioral disorders in children are caused by toxic
exposures in the environment and that another 25% are cause by
interactions between the environmental factors and genetics.
Anti-pesticide legislation does not currently apply to children's
overnight or summer  day.; camps, where children play and spend time,
exactly as-they do in school. This bill with ensure that children can
play in a safe and chemical-free environment, while taking into
consideration emergency situations, in which the use of pesticide is
determined as necessary by the competent authority for public safety
reasons.

LEGISLATIVE HISTORY:

New bill.


FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2013-S5288C - Bill Text download pdf

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

                                 5288--C

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Health  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law and the environmental conservation
  law,  in  relation  to prohibiting the use of pesticides at children's
  overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S  1396.  PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF THIS SECTION
"PESTICIDE" SHALL HAVE THE SAME MEANING  AS  SET  FORTH  IN  SUBDIVISION
THIRTY-FIVE  OF  SECTION  33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A) THE APPLICATION OF ANTI-MICROBIAL  PESTICIDES  AND  ANTI-MICROBIAL
PRODUCTS  AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS  FROM
AN  IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C) THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER  RESIST-
ANT CONTAINER;
  (D)  THE  APPLICATION  OF  A PESTICIDE CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR  PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08299-11-3

S. 5288--C                          2

  (F)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS  THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2.  NO CHILDREN'S OVERNIGHT CAMP OR SUMMER DAY CAMP SHALL APPLY PESTI-
CIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING  FIELDS,  OTHER  THAN
THOSE  ON  PUBLICLY-OWNED  OR PUBLICLY-LEASED PROPERTY IN A CITY OF MORE
THAN ONE MILLION, EXCEPT THAT AN EMERGENCY APPLICATION  OF  A  PESTICIDE
MAY BE MADE AS DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUN-
TY NOT HAVING A HEALTH DEPARTMENT, SUCH AUTHORITY AS THE COUNTY LEGISLA-
TURE  SHALL  DESIGNATE,  THE  COMMISSIONER OR HIS OR HER DESIGNEE OR THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
  3. THE COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM  THIS  SECTION
ANY  CHILDREN'S  OVERNIGHT CAMP OR SUMMER DAY CAMP TO THE EXTENT THAT IT
IS NOT PRACTICABLE TO USE PESTICIDE ALTERNATIVES AS DEFINED IN  SUBDIVI-
SION ONE OF THIS SECTION.
  S  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
tion law, as added by chapter 85 of the laws of 2010, is amended to read
as follows:
  7. The commissioner, in consultation with the commissioner  of  educa-
tion and the commissioner of health, shall develop guidance on pesticide
alternatives  to  facilitate compliance with section four hundred nine-k
of the education  law  [and],  three  hundred  ninety-g  of  the  social
services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law.   Effective immediately the department of
health and the department of environmental conservation  may  promulgate
any  rule  or regulation necessary for the timely implementation of this
act on its effective date.

co-Sponsors

2013-S5288D (ACTIVE) - Details

See Assembly Version of this Bill:: A4841
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1420, A129
2017-2018: S1371, A441
2019-2020: S1145, A1051
2021-2022: S4478, A528

2013-S5288D (ACTIVE) - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2013-S5288D (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5288D

TITLE OF BILL:  An act to amend the public health law and the
environmental conservation law, in relation to prohibiting the use of
pesticides at children's overnight or summer day camp

PURPOSE:

To extend New York State's school anti-pesticide laws to children's
overnight and summer day camps. This act will ensure that no
children's overnight or summer day camp applies pesticide to any
playground, turf, athletic or playing field.

SUMMARY OF PROVISIONS:

Section 1 amends the public health law by renumbering section 1396 as
section 1397 and by adding a new section 1396. Section 1396 defines
"pesticide" as set forth in subdivision thirty-five of section 33-0101
of the environmental conservation law and lists pesticide
alternatives, which are not included in the definition of "pesticide."
This section provides that no camp defined in subdivisions one and two
of section 1392 of the public health law shall apply pesticide to any
playground, turf, athletic or playing fields, other than those on
publicly-owned or publicly-leased property in a city of more than one
million, except that an emergency application of a pesticide has been
determined. This section also provides that the commissioner shall

have the power to exempt from this section any children's overnight
camp or summer day camp to the extent that it is not practicable to
use pesticide alternatives.

Section 2 amends subdivision 7 of section 33-0303 of the environmental
conservation law, to extend the existing provisions related to
,guidance on pesticide alternatives to summer camps.

Section 3 provides the effective date.

JUSTIFICATION:

New York State has already enacted anti-pesticide laws for public and
non-public schools. As the American Academy of Pediatrics reported on
November 26, 2012, "childhood exposure to pesticides is associated
with pediatric cancers, decreased cognitive functions and behavioral
problems." The National Academy of Sciences also reported that 396 of
all neurobehavioral disorders in children are caused by toxic
exposures in the environment and that another 25% are cause by
interactions between the environmental factors and genetics.

Anti-pesticide legislation does not currently apply to children's
over- night or summer day camps, where children play and spend time,
exactly as they do in school. This bill with ensure that children can
play in a safe and chemical-free environment, while taking into
consideration emergency situations, in which the use of pesticide is
determined as necessary by the competent authority for public safety
reasons.

Also, the bill gives the power to the health commissioner to exempt
camps to the extent that it is not practicable to use pesticide


alternatives (e.g. camps operated on land which they do not fully
control or maintain).

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2013-S5288D (ACTIVE) - Bill Text download pdf

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

                                 5288--D

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 15, 2013
                               ___________

Introduced by Sens. CARLUCCI, HOYLMAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Health -- commit-
  tee  discharged, bill amended, ordered reprinted as amended and recom-
  mitted to  said  committee  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee  --  recommitted  to the Committee on
  Health  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the public health law and the environmental conservation
  law,  in  relation  to prohibiting the use of pesticides at children's
  overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S  1396.  PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF THIS SECTION
"PESTICIDE" SHALL HAVE THE SAME MEANING  AS  SET  FORTH  IN  SUBDIVISION
THIRTY-FIVE  OF  SECTION  33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A) THE APPLICATION OF ANTI-MICROBIAL  PESTICIDES  AND  ANTI-MICROBIAL
PRODUCTS  AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS  FROM
AN  IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C) THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER  RESIST-
ANT CONTAINER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08299-13-4

S. 5288--D                          2

  (D)  THE  APPLICATION  OF  A PESTICIDE CLASSIFIED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR  PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS  THAT DO NOT CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.
  2. NO CAMP DEFINED IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  THIRTEEN
HUNDRED  NINETY-TWO  OF  THIS ARTICLE SHALL APPLY PESTICIDE TO ANY PLAY-
GROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, OTHER THAN THOSE  ON  PUBLIC-
LY-OWNED OR PUBLICLY-LEASED PROPERTY IN A CITY OF MORE THAN ONE MILLION,
EXCEPT  THAT  AN  EMERGENCY  APPLICATION  OF  A PESTICIDE MAY BE MADE AS
DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING  A
HEALTH DEPARTMENT, SUCH AUTHORITY AS THE COUNTY LEGISLATURE SHALL DESIG-
NATE,  THE  COMMISSIONER  OR  HIS OR HER DESIGNEE OR THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
  3. THE COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM  THIS  SECTION
ANY CAMP DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN HUNDRED
NINETY-TWO  OF  THIS ARTICLE TO THE EXTENT THAT IT IS NOT PRACTICABLE TO
USE PESTICIDE  ALTERNATIVES  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
SECTION.
  S  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
tion law, as added by chapter 85 of the laws of 2010, is amended to read
as follows:
  7. The commissioner, in consultation with the commissioner  of  educa-
tion and the commissioner of health, shall develop guidance on pesticide
alternatives  to  facilitate compliance with section four hundred nine-k
of the education  law  [and],  three  hundred  ninety-g  of  the  social
services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law.   Effective immediately the department of
health and the department of environmental conservation  may  promulgate
any  rule  or regulation necessary for the timely implementation of this
act on its effective date.

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Health Committee

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Brad Hoylman-Sigal

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co-Sponsors

Tony Avella

Brad Hoylman-Sigal

Diane J. Savino

2013-S5288D (ACTIVE) - Details

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