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Senate Bill S7391

2015-2016 Legislative Session

Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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2015-S7391 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add ยง37-0115, En Con L
Versions Introduced in Other Legislative Sessions:
2017-2018: S3454
2019-2020: S2066
2021-2022: S1400
2023-2024: S719
2025-2026: S1059

2015-S7391 (ACTIVE) - Summary

Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides.

2015-S7391 (ACTIVE) - Sponsor Memo

2015-S7391 (ACTIVE) - Bill Text download pdf 

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

                                  7391

                            I N  S E N A T E

                             April 27, 2016
                               ___________

Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting the aerial and ground application of malathion and certain
  pyrethroid-based insecticides

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 37-0115 to read as follows:
S 37-0115. PROHIBITION ON THE AERIAL AND GROUND APPLICATION OF MALATHION
             AND CERTAIN PYRETHROID-BASED INSECTICIDES.
  1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY, CORPORATION, MUNICIPALITY OR GOVERNMENT ENTITY SHALL ALLOW OR IMPLE-
MENT   THE   AERIAL   OR   GROUND   APPLICATION   OF  MALATHION  OR  THE
PYRETHROID-BASED INSECTICIDES RESMETHRIN AND SUMITHRIN:
  (A) WITHIN ONE HUNDRED FEET OF ANY SCHOOL, DAY CARE CENTER OR PARK; OR
  (B) ON OTHER PROPERTY WHEN CHILDREN ARE COMMUTING TO AND  FROM  SCHOOL
AND ENGAGED IN OUTDOOR ACTIVITY.
  2.  IF  A  MORE  RESTRICTIVE  STANDARD IS SET FORTH IN THE INFORMATION
CONTAINED ON THE LABEL  OF  THE  PESTICIDE,  OR  BY  OTHER  REGULATIONS,
INCLUDING  COUNTY  OR  LOCAL  REGULATIONS, THE MORE RESTRICTIVE STANDARD
SHALL APPLY.
  3. FOR THE PURPOSES OF THIS SECTION:
  (A) "DAY CARE CENTER" MEANS ALL CHILD DAY CARE CENTERS AND HEAD  START
DAY CARE CENTERS; AND
  (B)  "SCHOOL" MEANS ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PAROCHIAL
SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  4. THE OFFICE IS AUTHORIZED TO PROMULGATE SUCH RULES  AND  REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15084-01-6

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