The New York State Senate

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

                                   129

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  PAULIN,  GALEF,  CLARK,  ENGLEBRIGHT, QUART,
  ROBERTS, ZEBROWSKI, COOK, ABINANTI, ROSENTHAL, COLTON  --  Multi-Spon-
  sored  by  --  M.  of  A. GOTTFRIED, LUPARDO, PERRY, RIVERA, ROBINSON,
  SCARBOROUGH -- read once and referred to the Committee on Health

AN ACT to amend the public health law and the environmental conservation
  law, in relation to prohibiting the use of  pesticides  at  children's
  overnight or summer day camp

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

  Section 1. Section 1396 of the public health law is renumbered section
1397 and a new section 1396 is added to read as follows:
  S 1396. PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF  THIS  SECTION
"PESTICIDE"  SHALL  HAVE  THE  SAME  MEANING AS SET FORTH IN SUBDIVISION
THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,
PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
  (A)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
(2);
  (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
OF  EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM
AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING  VENOMOUS
SPIDERS, BEES, WASPS AND HORNETS;
  (C)  THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST-
ANT CONTAINER;
  (D) THE APPLICATION OF A PESTICIDE CLASSIFIED  BY  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
152.25;
  (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
  (F) THE USE OF  HORTICULTURAL  SOAP  AND  OILS  THAT  DO  NOT  CONTAIN
SYNTHETIC PESTICIDES OR SYNERGISTS.

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

                                                           LBD00112-01-5

A. 129                              2

  2.  NO  CAMP  DEFINED  IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN
HUNDRED NINETY-TWO OF THIS ARTICLE SHALL APPLY PESTICIDE  TO  ANY  PLAY-
GROUNDS,  TURF,  ATHLETIC OR PLAYING FIELDS, OTHER THAN THOSE ON PUBLIC-
LY-OWNED OR PUBLICLY-LEASED PROPERTY IN A CITY OF MORE THAN ONE MILLION,
EXCEPT  THAT  AN  EMERGENCY  APPLICATION  OF  A PESTICIDE MAY BE MADE AS
DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING  A
HEALTH DEPARTMENT, SUCH AUTHORITY AS THE COUNTY LEGISLATURE SHALL DESIG-
NATE,  THE  COMMISSIONER  OR  HIS OR HER DESIGNEE OR THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
  3. THE COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM  THIS  SECTION
ANY CAMP DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN HUNDRED
NINETY-TWO  OF  THIS ARTICLE TO THE EXTENT THAT IT IS NOT PRACTICABLE TO
USE PESTICIDE  ALTERNATIVES  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
SECTION.
  S  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
tion law, as added by chapter 85 of the laws of 2010, is amended to read
as follows:
  7. The commissioner, in consultation with the commissioner  of  educa-
tion and the commissioner of health, shall develop guidance on pesticide
alternatives  to  facilitate compliance with section four hundred nine-k
of the education  law  [and],  three  hundred  ninety-g  of  the  social
services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law.   Effective immediately the department of
health and the department of environmental conservation  may  promulgate
any  rule  or regulation necessary for the timely implementation of this
act on its effective date.