S T A T E O F N E W Y O R K
________________________________________________________________________
6678
2017-2018 Regular Sessions
I N A S S E M B L Y
March 15, 2017
___________
Introduced by M. of A. ENGLEBRIGHT, RIVERA, COLTON, KAVANAGH -- Multi-
Sponsored by -- M. of A. ABINANTI, ARROYO, GALEF, ORTIZ, PAULIN, PERRY
-- read once and referred to the Committee on Children and Families
AN ACT to amend the social services law and the environmental conserva-
tion law, in relation to integrated pest management procedures in
child day care center and head start day care center settings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature hereby finds that
young children, including those in day care and head start centers, are
at a disproportionate risk to environmental hazards such as pesticide
exposure. Due to their smaller body size, developing organ systems and
predilection for hand-to-mouth behaviors, they are exposed to and absorb
more toxic substances per pound of body weight than adults. Therefore
the legislature finds that special protective measures, like integrated
pest management programs, are necessary.
§ 2. Section 390-a of the social services law is amended by adding
five new subdivisions 3-a, 6, 7, 8 and 9 to read as follows:
3-A. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL PROMULGATE REGU-
LATIONS REQUIRING OPERATORS, PROGRAM DIRECTORS, EMPLOYEES AND ASSISTANTS
OF CHILD DAY CARE CENTERS AND HEAD START DAY CARE CENTERS TO RECEIVE TWO
HOURS OF TRAINING EVERY TWO YEARS, IN ADDITION TO THE TRAINING REQUIRED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION, ON ENVIRONMENTAL AND
SAFETY MEASURES, INCLUDING INTEGRATED PEST MANAGEMENT PROCEDURES AS
DEFINED IN SUBDIVISION FIFTY OF SECTION 33-0101 OF THE ENVIRONMENTAL
CONSERVATION LAW AND OTHER METHODS FOR LIMITING EXPOSURE TO TOXIC
SUBSTANCES.
6. ALL PROVIDERS OF A CHILD DAY CARE CENTER AS DEFINED IN SECTION
THREE HUNDRED NINETY OF THIS TITLE, OR A HEAD START DAY CARE CENTER
FUNDED PURSUANT TO TITLE V OF THE FEDERAL OPPORTUNITY ACT OF NINETEEN
HUNDRED SIXTY-FOUR, AS AMENDED, ARE REQUIRED TO HAVE INTEGRATED PEST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03159-01-7
A. 6678 2
MANAGEMENT PLANS WHICH HAVE BEEN DEVELOPED WITH PUBLIC INPUT. SUCH PLANS
MUST BE COMPLETED WITHIN SIX MONTHS OF COMPLETION OF THE TRAINING
REQUIREMENTS SET FORTH IN SUBDIVISION THREE-A OF THIS SECTION. SUCH
PLANS SHALL UTILIZE INTEGRATED PEST MANAGEMENT TECHNIQUES TO MANAGE AND
CONTROL PESTS AND PROBLEMS AS DEFINED IN SUBDIVISION FIFTY OF SECTION
33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. THE INTEGRATED PEST
MANAGEMENT PLANS SHALL INCLUDE A PROVISION FOR PUBLIC ACCESS TO ALL
INFORMATION ABOUT THE IMPLEMENTATION OF THE PLANS. SUCH PROVIDERS SHALL
BE PROHIBITED FROM CONDUCTING OR HAVING CONDUCTED PESTICIDE APPLICATIONS
TO CHILD DAY CARE CENTERS AND HEAD START DAY CARE CENTERS WHICH ARE
PREVENTIVE IN NATURE AND DO NOT RESPOND TO EXISTING, VERIFIABLE PEST
PROBLEMS.
7. PROVIDERS OF A CHILD DAY CARE CENTER OR A HEAD START DAY CARE
CENTER SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALUATION OF THE
IMPLEMENTATION OF THEIR INTEGRATED PEST MANAGEMENT PLANS TO THE PARENTS
OF THE CHILDREN ATTENDING SUCH CENTER. SUCH PROVIDERS SHALL BE RESPONSI-
BLE FOR UPDATING THEIR INTEGRATED PEST MANAGEMENT PLANS EVERY THREE
YEARS. SUCH INFORMATION SHALL BE PUBLICLY AVAILABLE.
8. IN ALL LICENSED CHILD DAY CARE CENTERS AND HEAD START DAY CARE
CENTERS ALL PESTICIDE APPLICATIONS SHALL BE CONDUCTED BY A CERTIFIED
COMMERCIAL APPLICATOR. PESTICIDE APPLICATIONS BY PERSONS WORKING UNDER
THE DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICATOR SHALL BE
PROHIBITED.
9. WHEN PESTICIDES ARE TO BE APPLIED TO A CHILD DAY CARE CENTER OR
HEAD START DAY CARE CENTER GROUNDS, TURF, TREES OR SHRUBS, VISUAL
NOTIFICATION MARKERS, AS PROVIDED IN SECTION 33-1003 OF THE ENVIRON-
MENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY FEET WITH
AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA.
§ 3. Section 33-0101 of the environmental conservation law is amended
by adding a new subdivision 50 to read as follows:
50. "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 PRACTICES TO CONTROL CONDITIONS THAT PROMOTE
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.
§ 4. This act shall take effect on the first of June next succeeding
the date on which it shall have become a law.