S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5655
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, RIVERA, COLTON -- 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.
              

                                                            LBD09633-01-9

 A. 5655                             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.