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

                                  1944

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, GALEF, SCHIMEL -- Multi-Sponsored by
  --  M.  of  A.  COLTON  --  read once and referred to the Committee on
  Education

AN ACT to amend the  education  law,  in  relation  to  integrated  pest
  management requirements for schools

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

  Section 1. Legislative intent. The legislature finds and declares that
it shall be the policy of the state of New York to provide  every  child
with  an  environmentally safe and healthy learning environment in which
to grow, learn and mature into productive and healthy adults. To  ensure
that  schools  provide  this  setting  for our children, the legislature
finds that pesticide use in school facilities must be reduced or avoided
in order to protect children's environmental health and safety.    Chil-
dren are uniquely vulnerable to and may be severely affected by exposure
to chemicals such as pesticides. By establishing integrated pest manage-
ment  strategies that primarily rely on non-chemical pest control, expo-
sures to children from toxic pesticides can be eliminated or reduced  to
less hazardous levels.
  S  2.  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.  1.  FOR
PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED:
  (A)  "SCHOOL"  MEANS  ALL  FACILITIES  FOR GRADES KINDERGARTEN THROUGH
TWELVE OPERATED BY  ANY  SCHOOL  DISTRICT,  INCLUDING  ANY  CITY  SCHOOL
DISTRICT WITH A POPULATION OVER ONE HUNDRED TWENTY-FIVE THOUSAND, OR ANY
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  (B)  "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  TACTICS TO CONTROL CONDITIONS THAT PROMOTE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05980-01-5
              

A. 1944                             2

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.
  (C)  "FACILITIES" MEANS SCHOOL BUILDINGS, LAND AND OTHER APPURTENANCES
OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  2. TO ENSURE THAT  SCHOOLS  ARE  SAFE  AND  HEALTHY  ENVIRONMENTS  FOR
STUDENTS,  TEACHERS  AND OTHER STAFF AND OCCUPANTS, CERTAIN REQUIREMENTS
SHALL BE PLACED ON PESTICIDE USE IN THESE FACILITIES.
  (A) ALL SCHOOLS SHALL HAVE PEST MANAGEMENT PLANS FOR ALL PEST  CONTROL
ACTIVITIES, WHICH HAVE BEEN SUBJECT TO PUBLIC REVIEW AND APPROVED BY THE
SCHOOL  BOARD.  SUCH  PLANS  SHALL  UTILIZE IPM TECHNIQUES TO MANAGE AND
CONTROL PESTS AND PROBLEMS. ALL IPM PLANS SHALL INCLUDE A PROVISION  FOR
PUBLIC  ACCESS  TO ALL INFORMATION ABOUT THE IMPLEMENTATION OF THE PLAN.
SCHOOL DISTRICTS MAY CREATE ADVISORY COMMITTEES TO ASSIST IN THE  DEVEL-
OPMENT  OF  THE  IPM  PLANS,  AND  TO MONITOR THE IMPLEMENTATION OF SUCH
PLANS. NO SCHOOL SHALL CONDUCT OR HAVE CONDUCTED ANY PESTICIDE  APPLICA-
TION  TO  SCHOOL FACILITIES WHICH IS PREVENTIVE IN NATURE AND WHICH DOES
NOT RESPOND TO VERIFIABLE PEST PROBLEMS.
  (B) SCHOOLS SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALUATION OF
THE IMPLEMENTATION OF THEIR IPM PLANS TO THE SCHOOL BOARD. EVERY  SCHOOL
SHALL UPDATE ITS IPM PLAN ONCE EVERY THREE YEARS. SUCH INFORMATION SHALL
BE PUBLICLY AVAILABLE.
  (C)  EVERY SCHOOL SHALL HAVE ITS PESTICIDE APPLICATIONS CONDUCTED BY A
CERTIFIED COMMERCIAL PESTICIDE  APPLICATOR.  PESTICIDE  APPLICATIONS  BY
PERSONS  WORKING  UNDER  THE DIRECT SUPERVISION OF A CERTIFIED PESTICIDE
APPLICATOR SHALL BE PROHIBITED.
  (D) A NOTICE OF THE PESTICIDE APPLICATION AND A COPY OF THE  PESTICIDE
LABEL,  SHALL BE PROMINENTLY POSTED IN A COMMON AREA OF A BUILDING WHICH
IS TO RECEIVE A PESTICIDE APPLICATION. THE COMMON AREA SHALL BE  READILY
ACCESSIBLE  TO  ALL  OCCUPANTS OF THE BUILDING. THE NOTICE AND PESTICIDE
LABEL SHALL REMAIN POSTED FOR AT LEAST FORTY-EIGHT HOURS  FOLLOWING  THE
PESTICIDE APPLICATION. SUCH NOTICE SHALL INCLUDE, AT A MINIMUM, THE NAME
AND  TELEPHONE  NUMBER  OF A SCHOOL EMPLOYEE OR CONTACT PERSON WHO SHALL
PROVIDE DETAILED INFORMATION ON THE PESTICIDE APPLICATIONS.  A  COPY  OF
THE PESTICIDE LABEL MUST BE MADE AVAILABLE TO ANY PERSON REQUESTING SUCH
LABEL WITHIN TWENTY-FOUR HOURS OF SUCH REQUESTS.
  (E)  WHEN  PESTICIDES  ARE  APPLIED  TO SCHOOL 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 APPLICATION AREA.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.