S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4527
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, GALEF -- Multi-Sponsored by -- M. of
   A. COLTON -- read once and referred to the Committee on Education
 
 AN  ACT  to  amend  the  education  law,  in relation to integrated pest
   management requirements for schools
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. The legislature finds and declares that
 it  shall  be the policy of the state of New York to provide every child
 with an environmentally safe and healthy learning environment  in  which
 to  grow, learn and mature into productive and healthy adults. To ensure
 that schools provide this setting  for  our  children,  the  legislature
 finds that pesticide use in school facilities must be reduced or avoided
 in  order  to protect children's environmental health and safety.  Chil-
 dren are uniquely vulnerable to and may be severely affected by exposure
 to chemicals such as pesticides. By establishing integrated pest manage-
 ment strategies that primarily rely on non-chemical pest control,  expo-
 sures  to children from toxic pesticides can be eliminated or reduced to
 less hazardous levels.
   § 2. The education law is amended by adding a  new  section  409-m  to
 read as follows:
   §  409-M. INTEGRATED PEST MANAGEMENT REQUIREMENTS FOR SCHOOLS.  1. FOR
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED:
   (A) "SCHOOL" MEANS ALL  FACILITIES  FOR  GRADES  KINDERGARTEN  THROUGH
 TWELVE  OPERATED  BY  ANY  SCHOOL  DISTRICT,  INCLUDING  ANY CITY SCHOOL
 DISTRICT WITH A POPULATION OVER ONE HUNDRED TWENTY-FIVE THOUSAND, OR ANY
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   (B) "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 TACTICS TO CONTROL  CONDITIONS  THAT  PROMOTE
 PEST  INFESTATIONS  AND  TO KEEP PEST POPULATIONS AT TOLERABLE DAMAGE OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08815-01-9

 A. 4527                             2
 
 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.
   (C)  "FACILITIES" MEANS SCHOOL BUILDINGS, LAND AND OTHER APPURTENANCES
 OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   2. TO ENSURE THAT  SCHOOLS  ARE  SAFE  AND  HEALTHY  ENVIRONMENTS  FOR
 STUDENTS,  TEACHERS  AND OTHER STAFF AND OCCUPANTS, CERTAIN REQUIREMENTS
 SHALL BE PLACED ON PESTICIDE USE IN THESE FACILITIES.
   (A) ALL SCHOOLS SHALL HAVE PEST MANAGEMENT PLANS FOR ALL PEST  CONTROL
 ACTIVITIES, WHICH HAVE BEEN SUBJECT TO PUBLIC REVIEW AND APPROVED BY THE
 SCHOOL  BOARD.  SUCH  PLANS  SHALL  UTILIZE IPM TECHNIQUES TO MANAGE AND
 CONTROL PESTS AND PROBLEMS. ALL IPM PLANS SHALL INCLUDE A PROVISION  FOR
 PUBLIC  ACCESS  TO ALL INFORMATION ABOUT THE IMPLEMENTATION OF THE PLAN.
 SCHOOL DISTRICTS MAY CREATE ADVISORY COMMITTEES TO ASSIST IN THE  DEVEL-
 OPMENT  OF  THE  IPM  PLANS,  AND  TO MONITOR THE IMPLEMENTATION OF SUCH
 PLANS. NO SCHOOL SHALL CONDUCT OR HAVE CONDUCTED ANY PESTICIDE  APPLICA-
 TION  TO  SCHOOL FACILITIES WHICH IS PREVENTIVE IN NATURE AND WHICH DOES
 NOT RESPOND TO VERIFIABLE PEST PROBLEMS.
   (B) SCHOOLS SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALUATION OF
 THE IMPLEMENTATION OF THEIR IPM PLANS TO THE SCHOOL BOARD. EVERY  SCHOOL
 SHALL UPDATE ITS IPM PLAN ONCE EVERY THREE YEARS. SUCH INFORMATION SHALL
 BE PUBLICLY AVAILABLE.
   (C)  EVERY SCHOOL SHALL HAVE ITS PESTICIDE APPLICATIONS CONDUCTED BY A
 CERTIFIED COMMERCIAL PESTICIDE  APPLICATOR.  PESTICIDE  APPLICATIONS  BY
 PERSONS  WORKING  UNDER  THE DIRECT SUPERVISION OF A CERTIFIED PESTICIDE
 APPLICATOR SHALL BE PROHIBITED.
   (D) A NOTICE OF THE PESTICIDE APPLICATION AND A COPY OF THE  PESTICIDE
 LABEL,  SHALL BE PROMINENTLY POSTED IN A COMMON AREA OF A BUILDING WHICH
 IS TO RECEIVE A PESTICIDE APPLICATION. THE COMMON AREA SHALL BE  READILY
 ACCESSIBLE  TO  ALL  OCCUPANTS OF THE BUILDING. THE NOTICE AND PESTICIDE
 LABEL SHALL REMAIN POSTED FOR AT LEAST FORTY-EIGHT HOURS  FOLLOWING  THE
 PESTICIDE APPLICATION. SUCH NOTICE SHALL INCLUDE, AT A MINIMUM, THE NAME
 AND  TELEPHONE  NUMBER  OF A SCHOOL EMPLOYEE OR CONTACT PERSON WHO SHALL
 PROVIDE DETAILED INFORMATION ON THE PESTICIDE APPLICATIONS.  A  COPY  OF
 THE PESTICIDE LABEL MUST BE MADE AVAILABLE TO ANY PERSON REQUESTING SUCH
 LABEL WITHIN TWENTY-FOUR HOURS OF SUCH REQUESTS.
   (E)  WHEN  PESTICIDES  ARE  APPLIED  TO SCHOOL GROUNDS, TURF, TREES OR
 SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED IN SECTION  33-1003  OF
 THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY
 FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.