S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3463
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, LIFTON, JAFFEE, ABINANTI, FAHY, COLTON
   --  Multi-Sponsored  by  -- M. of A. GOTTFRIED, O'DONNELL -- read once
   and referred to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, the social  services
   law and the education law, in relation to integrated pest management

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 33 of the environmental conservation law is amended
 by adding a new title 17 to read as follows:
                                 TITLE 17
                        INTEGRATED PEST MANAGEMENT
 SECTION 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
         33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
         33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED  PEST  MANAGEMENT
                    PLAN.
 § 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
   THE  COMMISSIONER,  IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION
 AND THE COMMISSIONER OF HEALTH, SHALL DEVELOP AN INTEGRATED PEST MANAGE-
 MENT PLAN FOR ALL CHILD DAY CARE CENTERS OR HEAD START DAY CARE CENTERS,
 AS DEFINED IN SUBDIVISION SIX OF SECTION THREE HUNDRED NINETY-A  OF  THE
 SOCIAL SERVICES LAW, AND ALL SCHOOLS.
 § 33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
   1. "INTEGRATED PEST MANAGEMENT" AND "(IPM)" SHALL MEAN A DECISION-MAK-
 ING  PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETER-
 MINE 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 PESTICIDE CONTROLS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01591-01-9

              

 A. 3463                             2
 
   2. THE INTEGRATED PEST MANAGEMENT PLAN FOR CHILD DAY CARE CENTERS, AND
 HEAD START DAY CARE CENTERS AND SCHOOLS, AS DEVELOPED BY THE COMMISSION-
 ER, SHALL REQUIRE AT A MINIMUM THE FOLLOWING:
   A.   A PROVISION FOR PUBLIC ACCESS TO ALL INFORMATION ABOUT THE IMPLE-
 MENTATION OF THE PLANS;
   B. ALL PESTICIDE APPLICATIONS TO BE CONDUCTED BY A  CERTIFIED  COMMER-
 CIAL  APPLICATOR.  PESTICIDE  APPLICATIONS  BY PERSONS WORKING UNDER THE
 DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICATOR SHALL BE  PROHIB-
 ITED;
   C. WHEN PESTICIDES ARE TO BE APPLIED TO THE GROUNDS,  TURF,  TREES  OR
 SHRUBS,  VISUAL  NOTIFICATION MARKERS, AS PROVIDED IN SECTION 33-1003 OF
 THIS ARTICLE, SHALL BE POSTED AT LEAST EVERY FIFTY FEET  WITH  AT  LEAST
 ONE MARKER ON EACH SIDE OF THE  APPLICATION AREA;
   D.  APPLICATION  OF PESTICIDES SHALL BE DONE UTILIZING THE LEAST TOXIC
 SUBSTANCES THAT WOULD PROVE EFFECTIVE; AND
   E. A COPY OF THE PESTICIDE LABEL TO BE PROMINENTLY POSTED IN A  COMMON
 AREA OF ANY BUILDING WHICH IS TO RECEIVE THE PESTICIDE APPLICATION. SUCH
 NOTICE  AND  A  LEGIBLE COPY OF THE PESTICIDE PRODUCT LABEL SHALL REMAIN
 POSTED FOR AT LEAST FORTY-EIGHT HOURS FOLLOWING THE  PESTICIDE  APPLICA-
 TION.  THE  NOTICE  SHALL  INCLUDE, AT A MINIMUM, THE NAME AND TELEPHONE
 NUMBER OF THE CONTACT PERSON WHO SHALL  PROVIDE DETAILED INFORMATION  ON
 THE  PESTICIDE APPLICATION. A COPY OF THE PESTICIDE LABEL  SHALL BE MADE
 AVAILABLE TO ANY PERSON REQUESTING SUCH LABEL WITHIN  TWENTY-FOUR  HOURS
 OF SUCH REQUEST.
 § 33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED PEST MANAGEMENT PLAN.
   A  CHILD  DAY  CARE  CENTER,  HEAD START DAY CARE CENTER OR SCHOOL MAY
 PROPOSE AN INTEGRATED PEST MANAGEMENT PLAN, SEPARATE  FROM  THE  COMMIS-
 SIONER'S  PLAN,  BASED  UPON  THE  UNIQUE  CIRCUMSTANCES OF THE DAY CARE
 CENTER OR SCHOOL. THE COMMISSIONER MAY APPROVE OR DENY  THE  APPLICATION
 BASED UPON AN ANALYSIS OF THE UNIQUE CIRCUMSTANCES COMPARED TO THE GOALS
 OF THE COMMISSIONER'S INTEGRATED PEST MANAGEMENT PLAN.  UPON APPROVAL OF
 SUCH APPLICATION BY THE  COMMISSIONER, THE DAY CARE CENTER OR SCHOOL MAY
 SUBSTITUTE  THE  COMMISSIONER'S  PLAN WITH THE APPROVED INDIVIDUAL INTE-
 GRATED PESTICIDE MANAGEMENT PLAN IN COMPLIANCE WITH THIS TITLE.
   § 2. Section 390-a of the social services law is amended by  adding  a
 new subdivision 6 to read as follows:
   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 IMPLEMENT AN  INTEGRATED
 PEST MANAGEMENT PLAN WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMIS-
 SIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE
 SEVENTEEN OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  3.    The education law is amended by adding a new section 409-m to
 read as follows:
   § 409-M. INTEGRATED PEST MANAGEMENT REQUIREMENTS  FOR  SCHOOLS.    ALL
 SCHOOLS  ARE  REQUIRED  TO  IMPLEMENT AN INTEGRATED PEST MANAGEMENT PLAN
 WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMISSIONER OF THE  DEPART-
 MENT  OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE SEVENTEEN OF ARTI-
 CLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.