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Senate Bill S7445

2015-2016 Legislative Session

Prohibits the nonemergency application of pesticide or lawn care pesticide within any municipal park lands and lands under the jurisdiction of the state office of parks, recreation and historic preservation

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

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2015-S7445 (ACTIVE) - Details

See Assembly Version of this Bill:
A10091
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: S3086, A4906
2019-2020: S4771, A915
2021-2022: S1428, A311
2023-2024: S1606, A2173
2025-2026: S1363, A1555

2015-S7445 (ACTIVE) - Summary

Prohibits the nonemergency application of pesticide or lawn care pesticide within any municipal park lands and lands under the jurisdiction of the state office of parks, recreation and historic preservation and requires notice of pesticide application.

2015-S7445 (ACTIVE) - Sponsor Memo

2015-S7445 (ACTIVE) - Bill Text download pdf 

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

                                  7445

                            I N  S E N A T E

                               May 2, 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  nonemergency  application  of pesticide or lawn care
  pesticide within any municipal park lands and lands under  the  juris-
  diction  of the state office of parks, recreation and historic preser-
  vation and requiring notice of pesticide application

  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 OF NONEMERGENCY APPLICATION OF PESTICIDE OR  LAWN
             CARE PESTICIDE.
  1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY, CORPORATION, MUNICIPALITY OR GOVERNMENT ENTITY SHALL ALLOW OR IMPLE-
MENT THE NONEMERGENCY APPLICATION OF PESTICIDE OR LAWN CARE PESTICIDE IN
ANY  MUNICIPAL  PARK LANDS AND LANDS UNDER THE JURISDICTION OF THE STATE
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.
  2. PRIOR TO ANY APPLICATION OF PESTICIDE OR LAWN CARE  PESTICIDE,  THE
OFFICE  SHALL  PROVIDE PUBLIC NOTICE AT LEAST SEVENTY-TWO HOURS PRIOR TO
SUCH APPLICATION. SUCH PUBLIC NOTICE SHALL REMAIN POSTED ON THE  PREMISE
AND  ON  ANY  INTERNET  WEB  SITE OPERATED BY THE OFFICE FOR SEVENTY-TWO
HOURS.
  3. FOR THE PURPOSES OF THIS SECTION:
  (A) "PESTICIDE" MEANS A FUNGICIDE USED ON PLANTS,  AN  INSECTICIDE,  A
HERBICIDE OR A RODENTICIDE, BUT DOES NOT MEAN A SANITIZER, DISINFECTANT,
ANTIMICROBIAL AGENT OR PESTICIDE BAIT IN A TAMPER RESISTANT CONTAINER;
  (B)  "LAWN  CARE PESTICIDE" MEANS A PESTICIDE REGISTERED BY THE UNITED
STATES ENVIRONMENTAL PROTECTION  AGENCY  AND  LABELED  PURSUANT  TO  THE
FEDERAL  INSECTICIDE,  FUNGICIDE  AND  RODENTICIDE  ACT FOR USE IN LAWN,
GARDEN AND ORNAMENTAL SITES OR AREAS, BUT SHALL NOT INCLUDE ANY:
  (1) MICROBIAL PESTICIDE OR BIOCHEMICAL PESTICIDE  THAT  IS  REGISTERED
WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15064-02-6

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