S T A T E   O F   N E W   Y O R K
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                                  1857

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, RIVERA, ROBINSON, COLTON, KAVANAGH,
  SCHIMEL -- Multi-Sponsored by -- M. of  A.  ABINANTI,  ARROYO,  GALEF,
  ORTIZ,  PAULIN,  PERRY  --  read once and referred to the Committee on
  Children and Families

AN ACT to amend the social services law and the environmental  conserva-
  tion  law,  in  relation  to  integrated pest management procedures in
  child day care center and head start day care center settings

  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
young children, including those in day care and head start centers,  are
at  a  disproportionate  risk to environmental hazards such as pesticide
exposure. Due to their smaller body size, developing organ  systems  and
predilection for hand-to-mouth behaviors, they are exposed to and absorb
more  toxic  substances  per pound of body weight than adults. Therefore
the legislature finds that special protective measures, like  integrated
pest management programs, are necessary.
  S  2.  Section  390-a  of the social services law is amended by adding
five new subdivisions 3-a, 6, 7, 8 and 9 to read as follows:
  3-A. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE REGU-
LATIONS REQUIRING OPERATORS, PROGRAM DIRECTORS, EMPLOYEES AND ASSISTANTS
OF CHILD DAY CARE CENTERS AND HEAD START DAY CARE CENTERS TO RECEIVE TWO
HOURS OF TRAINING EVERY TWO YEARS, IN ADDITION TO THE TRAINING  REQUIRED
PURSUANT  TO  SUBDIVISION  THREE  OF  THIS SECTION, ON ENVIRONMENTAL AND
SAFETY MEASURES, INCLUDING  INTEGRATED  PEST  MANAGEMENT  PROCEDURES  AS
DEFINED  IN  SUBDIVISION  FIFTY  OF SECTION 33-0101 OF THE ENVIRONMENTAL
CONSERVATION LAW AND  OTHER  METHODS  FOR  LIMITING  EXPOSURE  TO  TOXIC
SUBSTANCES.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05830-01-5
              

A. 1857                             2

HUNDRED SIXTY-FOUR, AS AMENDED, ARE REQUIRED  TO  HAVE  INTEGRATED  PEST
MANAGEMENT PLANS WHICH HAVE BEEN DEVELOPED WITH PUBLIC INPUT. SUCH PLANS
MUST  BE  COMPLETED  WITHIN  SIX  MONTHS  OF  COMPLETION OF THE TRAINING
REQUIREMENTS  SET  FORTH  IN  SUBDIVISION  THREE-A OF THIS SECTION. SUCH
PLANS SHALL UTILIZE INTEGRATED PEST MANAGEMENT TECHNIQUES TO MANAGE  AND
CONTROL  PESTS  AND  PROBLEMS AS DEFINED IN SUBDIVISION FIFTY OF SECTION
33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW.  THE  INTEGRATED  PEST
MANAGEMENT  PLANS  SHALL  INCLUDE  A  PROVISION FOR PUBLIC ACCESS TO ALL
INFORMATION ABOUT THE IMPLEMENTATION OF THE PLANS. SUCH PROVIDERS  SHALL
BE PROHIBITED FROM CONDUCTING OR HAVING CONDUCTED PESTICIDE APPLICATIONS
TO  CHILD  DAY  CARE  CENTERS  AND HEAD START DAY CARE CENTERS WHICH ARE
PREVENTIVE IN NATURE AND DO NOT RESPOND  TO  EXISTING,  VERIFIABLE  PEST
PROBLEMS.
  7.  PROVIDERS  OF  A  CHILD  DAY  CARE CENTER OR A HEAD START DAY CARE
CENTER SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL  EVALUATION  OF  THE
IMPLEMENTATION  OF THEIR INTEGRATED PEST MANAGEMENT PLANS TO THE PARENTS
OF THE CHILDREN ATTENDING SUCH CENTER. SUCH PROVIDERS SHALL BE RESPONSI-
BLE FOR UPDATING THEIR INTEGRATED  PEST  MANAGEMENT  PLANS  EVERY  THREE
YEARS. SUCH INFORMATION SHALL BE PUBLICLY AVAILABLE.
  8.  IN  ALL  LICENSED  CHILD  DAY CARE CENTERS AND HEAD START DAY CARE
CENTERS ALL PESTICIDE APPLICATIONS SHALL BE  CONDUCTED  BY  A  CERTIFIED
COMMERCIAL  APPLICATOR.  PESTICIDE APPLICATIONS BY PERSONS WORKING UNDER
THE DIRECT SUPERVISION OF A  CERTIFIED  PESTICIDE  APPLICATOR  SHALL  BE
PROHIBITED.
  9.  WHEN  PESTICIDES  ARE  TO BE APPLIED TO A CHILD DAY CARE CENTER OR
HEAD START DAY CARE  CENTER  GROUNDS,  TURF,  TREES  OR  SHRUBS,  VISUAL
NOTIFICATION  MARKERS,  AS  PROVIDED  IN SECTION 33-1003 OF THE ENVIRON-
MENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY FEET  WITH
AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA.
  S  3. Section 33-0101 of the environmental conservation law is amended
by adding a new subdivision 50 to read as follows:
  50. "INTEGRATED PEST MANAGEMENT" AND "(IPM)"  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 PRACTICES 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 IPM IS TO ELIMINATE  THE  UNNECESSARY
USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES.
  S  4.  This act shall take effect on the first of June next succeeding
the date on which it shall have become a law.