NY State Senate Bill 2015-S7445

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2016	referred to environmental conservation

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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 §37-0115, 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

2015-S7445 (ACTIVE) - Summary

2015-S7445 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7445

 TITLE OF BILL :

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
jurisdiction of the state office of parks, recreation and historic
preservation and requiring notice of pesticide application

 PURPOSE :

This bill prohibits the nonemergency application of pesticides on park
grounds.

 SUMMARY OF PROVISIONS :

Section one of the bill adds a new section 37-0115 of the
Environmental Conservation Law to prohibit the nonemergency
application of pesticide or lawn care pesticide to any park or other
nature, recreation, and historic area, and requiring advance public
notice regarding the application of pesticides on such areas.

Section two of the bill is the effective date.

 JUSTIFICATION :

Pesticides pose a variety of human health risks and negative impacts
on the environment. Pesticide exposure has been associated with an
increased risk of certain cancers, developmental disorders in
children, and have been linked to a disruption of endocrine function.
In addition, a number of pesticides have been identified as persistent
and toxic pollutants.

Parks are intended to be a preservation of nature, while providing
safe and enjoyable educational and entertainment value for people of
all ages. The use of chemical pesticides are inconsistent with these
intentions. Parks should be held in trust for the public by the State
and municipalities. This bill will help ensure that parks remain as
nature intended for today's generation and generations to come.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

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

S. 7445                             2

  (2)   A  PESTICIDE  CLASSIFIED  BY  THE  UNITED  STATES  ENVIRONMENTAL
PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR 152.25;
  (C)  "MICROBIAL  PESTICIDE"  MEANS  A  PESTICIDE  THAT  CONSISTS  OF A
MICROORGANISM AS THE ACTIVE INGREDIENT; AND
  (D) "BIOCHEMICAL PESTICIDE" MEANS A NATURALLY OCCURRING SUBSTANCE THAT
CONTROLS PESTS BY NONTOXIC MECHANISMS.
  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.

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