NY State Senate Bill 2017-S154

Senate Bill S154

2017-2018 Legislative Session

Provides for the phase-out of state use of pesticides on state property and for state agency pest management plans

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2017	referred to environmental conservation

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2017-S154 (ACTIVE) - Details

See Senate Version of this Bill:: S7081
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 33 Title 8 §§33-0801 & 33-0803, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4043
2011-2012: S42
2013-2014: S191
2015-2016: S158
2019-2020: S2358
2021-2022: S3118
2023-2024: S665

2017-S154 (ACTIVE) - Summary

Provides for the phase-out on varying time schedules of state use of various categories of pesticides on state property; provides that it does not apply to certain antimicrobial pesticides; requires the department of environmental conservation to adopt a pest management plan for every state department, agency, and public benefit corporation; provides for waivers and exemptions.

2017-S154 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S154

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to the
phase-out of state use of pesticides

 PURPOSE :

To implement a policy that will discontinue the use of pesticides by
the state and adopt a pest control policy that substantially relies on
non-chemical pest control policies.

 SUMMARY OF PROVISIONS :

This bill will create a three level phase-out of pesticide use by
agencies of the State of New York. During the first phase of this
bill, no agency in New York State will be allowed to apply any
pesticide classified as a Toxicity Category I by the United States
Environmental Protection Agency (USEPA) or any pesticide classified as
a known, likely, or probable human carcinogen by the USEPA on or after
January 1, 2019.

The second phase of this bill prohibits the use of any pesticide by
state agencies identified as a Toxicity Category II pesticide, a
possible human carcinogen, by the USEPA or any pesticide classified as

restricted use by the USEPA or New York State Department of
Environmental Conservation (NYSDEC) on or after January 1, 2020. The
third phase of this bill will prohibit the use of a pesticide by state
agencies on or after January 1, 2021 however the following categories
are exempted from these provisions;

1. Pesticides used to maintain safe drinking water;

2. Antimicrobials;

3. pesticides contained in rodent control baits; or

4. Pesticides which the USEPA has classified as exempt materials.

This bill also requires the development of a comprehensive pest
management plan by NYSDEC which will include methods to address pest
population monitoring, a list of least toxic pesticides for use and a
list of non-chemical pest control strategies.

The bill gives the state leeway to suspend the provisions of this bill
in the event of a human emergency. In the event that the NYSDEC
determines that the use of a pesticide is warranted for human health
reasons, it may apply to the Commissioner of Health for a suspension
of the pesticide plan. The Commissioner of Health may determine that
the use of a pesticide is necessary if:

1. The pest situation poses an immediate threat to human health; and

2. Viable alternatives consistent with the comprehensive pest control
plan do not exist.  As a condition of approval, the commissioner of
Health is charged to require a commitment from NYSDEC that the
underlying causes of the pest outbreak will be addressed in order to
prevent future outbreaks.  In addition, the bill lists exemptions to
the pesticide phase-out:

1. Pesticides use for agriculture research.

2. Rotenone and associated resins used for reclamation of water
bodies.

 JUSTIFICATION :

Pesticides are toxic substances, many of which have adverse health
effects. New York state agencies and authorities and their contractors
use pesticides that are known to contaminate ground and surface water,
cause reproductive or developmental defects, mutagenic effects, and
are often toxic and/or carcinogenic to humans. The pesticides used
pose hazards to the citizens of the State, to persons under state
care, to State employees and to the environment by polluting streams,
contaminating ground and surface water and by killing wildlife (due to
spraying and uncontrolled runoff).

An approach to pest management that relies on a combination of
biological, chemical, cultural and mechanical practices to manage
populations by the State is both possible and desirable. A large
segment of the agricultural community has been using such practices
for years. Restriction of the use of pesticides by the State will not
only mitigate the harmful environmental and health effects of these
chemicals but may also produce possible cost savings due to the
reduction of pesticide use.

 LEGISLATIVE HISTORY :

2016: S158B/A5685 - REFERRED TO ENVIRONMENTAL CONSERVATION/referred to
environmental conservation
2015: S155A/A5685 - REFERRED TO ENVIRONMENTAL CONSERVATION/ referred
to environmental conservation
2013-2014: S191/A9890 - REFERRED TO ENVIRONMENTAL CONSERVATION
2011-2012: S42 - REFERRED TO ENVIRONMENTAL CONSERVATION
2009-2010: S4043/A5848 - REFERRED TO ENVIRONMENTAL CONSERVATION/passed
assembly

 FISCAL IMPLICATIONS :

Possible cost savings to the state from decreased use.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S154 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    154
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced by Sens. SQUADRON, HOYLMAN -- 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  the
   phase-out of state use of pesticides

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature  finds  and  declares
 that pesticides are linked to a number of acute and chronic health prob-
 lems  and  that  it  is  therefore  the policy of the state to phase-out
 pesticide use by the government for many pest control  purposes  and  to
 adopt  a  pest  control policy that substantially relies on non-chemical
 pest control strategies.
   § 2. Article 33 of the environmental conservation law  is  amended  by
 adding a new title 8 to read as follows:
                                  TITLE 8
                            PHASE-OUT OF STATE
                             USE OF PESTICIDES
 SECTION 33-0801. DEFINITIONS.
         33-0803. PHASE-OUT OF STATE USE OF PESTICIDES.
 § 33-0801. DEFINITIONS.
   AS USED IN THIS TITLE:
   1.  "ANTIMICROBIAL PESTICIDE" MEANS A PESTICIDE THAT:  (A) IS INTENDED
 TO DISINFECT, SANITIZE, REDUCE, OR MITIGATE  GROWTH  OR  DEVELOPMENT  OF
 MICROBIOLOGICAL ORGANISMS; (B) IS INTENDED TO PROTECT INANIMATE OBJECTS,
 INDUSTRIAL  PROCESSES  OR  SYSTEMS,  SURFACES,  WATER, OR OTHER CHEMICAL
 SUBSTANCES FROM  CONTAMINATION,  FOULING,  OR  DETERIORATION  CAUSED  BY
 BACTERIA,  VIRUSES,  FUNGI,  PROTOZOA,  ALGAE,  OR  SLIME; OR (C) IN THE
 INTENDED USE, IS EXEMPT FROM OR OTHERWISE NOT SUBJECT  TO,  A  TOLERANCE
 UNDER APPROPRIATE PROVISIONS OF FEDERAL LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00502-01-7

 S. 154                              2
 
   2. "ANTIMICROBIAL PESTICIDE" DOES NOT INCLUDE: (A) A WOOD PRESERVATIVE
 OR ANTIFOULING PAINT PRODUCT FOR WHICH A CLAIM OF PESTICIDAL ACTIVITY IS
 MADE; (B) AN AGRICULTURAL FUNGICIDE PRODUCT; OR (C) AN AQUATIC HERBICIDE
 PRODUCT.
 § 33-0803. PHASE-OUT OF STATE USE OF PESTICIDES.
   1.  EFFECTIVE  JANUARY  FIRST, TWO THOUSAND NINETEEN, NO STATE DEPART-
 MENT, AGENCY, OR PUBLIC BENEFIT CORPORATION OR ANY PESTICIDE  APPLICATOR
 EMPLOYED  THEREBY  AS  A  CONTRACTOR  OR  SUBCONTRACTOR FOR PEST CONTROL
 PURPOSES, SHALL APPLY ON STATE  PROPERTY  ANY  PESTICIDE  CLASSIFIED  AS
 TOXICITY  CATEGORY I BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY, OR ANY PESTICIDE CLASSIFIED AS A KNOWN, LIKELY,  OR  PROBABLE  HUMAN
 CARCINOGEN  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, EXCEPT
 AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
   2. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY, NO STATE  DEPARTMENT,
 AGENCY,  OR  PUBLIC  BENEFIT  CORPORATION,  OR  ANY PESTICIDE APPLICATOR
 EMPLOYED THEREBY AS A  CONTRACTOR  OR  SUBCONTRACTOR  FOR  PEST  CONTROL
 PURPOSES,  SHALL  APPLY  ON  STATE  PROPERTY ANY PESTICIDE CLASSIFIED AS
 TOXICITY CATEGORY II BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY, ANY PESTICIDE CLASSIFIED AS  A  POSSIBLE  HUMAN  CARCINOGEN  BY  THE
 UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY, OR ANY PESTICIDE CLASSI-
 FIED AS RESTRICTED USE BY THE  UNITED  STATES  ENVIRONMENTAL  PROTECTION
 AGENCY OR THE DEPARTMENT, EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS
 SECTION.
   3.  EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, NO STATE DEPART-
 MENT, AGENCY, OR PUBLIC BENEFIT CORPORATION OR ANY PESTICIDE  APPLICATOR
 EMPLOYED  THEREBY  AS  A  CONTRACTOR  OR  SUBCONTRACTOR FOR PEST CONTROL
 PURPOSES SHALL APPLY ANY PESTICIDE ON STATE PROPERTY, EXCEPT AS PROVIDED
 IN SUBDIVISION FOUR OF THIS SECTION.
   4. THE PROVISIONS OF SUBDIVISIONS ONE, TWO, AND THREE OF THIS  SECTION
 SHALL NOT APPLY TO THE FOLLOWING:
   (A)  PESTICIDES OTHERWISE LAWFULLY USED FOR THE PURPOSE OF MAINTAINING
 A SAFE DRINKING WATER SUPPLY AT DRINKING WATER TREATMENT PLANTS,  WASTE-
 WATER  TREATMENT  PLANTS,  RESERVOIRS,  AND RELATED COLLECTION, DISTRIB-
 UTION, AND TREATMENT FACILITIES;
   (B) ANTIMICROBIAL PESTICIDES;
   (C) PESTICIDES IN CONTAINED BAITS FOR THE PURPOSES OF RODENT  CONTROL;
 AND
   (D)   PESTICIDES   CLASSIFIED   BY  THE  UNITED  STATES  ENVIRONMENTAL
 PROTECTION AGENCY AS EXEMPT MATERIALS UNDER 40 CFR 152.25.
   5.  ON OR BEFORE JANUARY FIRST, TWO THOUSAND NINETEEN, THE  DEPARTMENT
 SHALL  ADOPT  A PEST MANAGEMENT PLAN FOR EVERY STATE DEPARTMENT, AGENCY,
 AND PUBLIC BENEFIT CORPORATION. SUCH PLAN SHALL TAKE EFFECT  ON  JANUARY
 FIRST, TWO THOUSAND NINETEEN AND SHALL BE CONSISTENT WITH THE PROVISIONS
 OF  THIS  TITLE.  SUCH  PLAN  SHALL  ADDRESS PEST POPULATION MONITORING,
 LEAST-TOXIC PESTICIDES FOR USE PRIOR  TO  JANUARY  FIRST,  TWO  THOUSAND
 TWENTY-ONE,  AND NON-CHEMICAL PEST CONTROL STRATEGIES FOR USE AFTER SUCH
 DATE, WHICH WILL EFFECTIVELY MANAGE PEST  PROBLEMS  IN  A  COMPREHENSIVE
 MANNER.
   6.  SHOULD ANY STATE DEPARTMENT, AGENCY, OR PUBLIC BENEFIT CORPORATION
 DETERMINE THAT A HUMAN HEALTH EMERGENCY WARRANTS THE USE OF A  PESTICIDE
 THAT WOULD OTHERWISE NOT BE ALLOWED UNDER THIS TITLE, IT MAY APPLY FOR A
 SINGLE-USE  WAIVER  FROM  THE  DEPARTMENT  OF  HEALTH. THE DEPARTMENT OF
 HEALTH SHALL DETERMINE IF SUCH  A  WAIVER  IS  WARRANTED  BASED  ON  THE
 FOLLOWING CRITERIA:
   (A) THE PEST SITUATION POSES AN IMMEDIATE THREAT TO HUMAN HEALTH; AND

 S. 154                              3
 
   (B)  VIABLE  ALTERNATIVES  DO NOT EXIST (SUCH A DETERMINATION SHALL BE
 MADE IN CONSULTATION WITH  THE  CORNELL  COOPERATIVE  EXTENSION  SERVICE
 INTEGRATED PEST MANAGEMENT PROGRAM).
   AS  A  CONDITION OF APPROVAL, THE DEPARTMENT OF HEALTH SHALL REQUIRE A
 COMMITMENT FROM EVERY  STATE  DEPARTMENT,  AGENCY,  AND  PUBLIC  BENEFIT
 CORPORATION  THAT  THE  UNDERLYING  CAUSES  OF THE PEST OUTBREAK WILL BE
 ADDRESSED IN ORDER TO PREVENT FUTURE OUTBREAKS.
   7. THE FOLLOWING ACTIVITIES SHALL BE EXEMPT  FROM  THE  PROVISIONS  OF
 THIS TITLE:
   (A)  PESTICIDES  USED  FOR AGRICULTURAL RESEARCH PURPOSES AT THE STATE
 UNIVERSITY COLLEGE OF TECHNOLOGY AT ALFRED, THE STATE UNIVERSITY COLLEGE
 OF TECHNOLOGY AT CANTON, THE STATE UNIVERSITY COLLEGE OF AGRICULTURE  AT
 COBLESKILL,  THE  STATE  UNIVERSITY  COLLEGE OF TECHNOLOGY AT DELHI, THE
 STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT FARMINGDALE, THE STATE UNIVER-
 SITY COLLEGE OF AGRICULTURE AT MORRISVILLE, THE STATE UNIVERSITY COLLEGE
 OF TECHNOLOGY AT UTICA/ROME, AND THE NEW YORK STATE  STATUTORY  COLLEGES
 AT  CORNELL, INCLUDING THE AGRICULTURAL EXPERIMENT STATION AT GENEVA AND
 ITS FIELD OFFICES.
   (B) THE USE OF ROTENONE AND  ASSOCIATED  RESINS  AS  A  PISCICIDE  FOR
 PURPOSES  DIRECTLY RELATED TO THE RECLAMATION OF FRESHWATER WATER BODIES
 TO PREPARE FOR THE REINTRODUCTION OF NATIVE SPECIES. WATER TREATED  WITH
 ROTENONE SHALL NOT BE USED AS POTABLE WATER OR FOR IRRIGATION OF CROPS.
   § 3. This act shall take effect immediately.

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Senate Bill S154

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Daniel L. Squadron