Assembly Bill A9865

2019-2020 Legislative Session

Relates to prohibiting a municipal corporation from applying pesticides to any playgrounds, turf, athletic or playing fields

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A9865 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add §99-x, Gen Muni L

2019-A9865 (ACTIVE) - Summary

Relates to prohibiting a municipal corporation from applying pesticides to any playgrounds, turf, athletic or playing fields; provides that an emergency application of a pesticide may be made as determined by the county health department or for a county not having a health department such authority as the county legislature shall designate, the commissioner of health or his or her designee, or the commissioner of environmental conservation or his or her designee.

2019-A9865 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9865
 
                           I N  A S S E M B L Y
 
                             February 20, 2020
                                ___________
 
 Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
   Committee on Local Governments
 
 AN ACT to amend the general municipal law, in relation to prohibiting  a
   municipal  corporation  from  applying  pesticides to any playgrounds,
   turf, athletic or playing fields
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  municipal  law  is  amended by adding a new
 section 99-x to read as follows:
   § 99-X. PESTICIDE ALTERNATIVES.  1.  FOR  PURPOSES  OF  THIS  SECTION,
 "PESTICIDE"  SHALL  HAVE  THE  SAME  MEANING AS SET FORTH IN SUBDIVISION
 THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,
 PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
   (A)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
 PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
 (2);
   (B) THE USE OF AN AEROSOL PRODUCT WITH A DIRECTED SPRAY, IN CONTAINERS
 OF  EIGHTEEN FLUID OUNCES OR LESS, WHEN USED TO PROTECT INDIVIDUALS FROM
 AN IMMINENT THREAT FROM STINGING AND BITING INSECTS, INCLUDING  VENOMOUS
 SPIDERS, BEES, WASPS AND HORNETS;
   (C)  THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST-
 ANT CONTAINER;
   (D) THE APPLICATION OF A PESTICIDE CLASSIFIED  BY  THE  UNITED  STATES
 ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
 152.25;
   (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
   (F) THE USE OF  HORTICULTURAL  SOAP  AND  OILS  THAT  DO  NOT  CONTAIN
 SYNTHETIC PESTICIDES OR SYNERGISTS.
   2.  NO MUNICIPAL CORPORATION SHALL APPLY PESTICIDE TO ANY MUNICIPALLY-
 OWNED PLAYGROUNDS, TURF, ATHLETIC OR  PLAYING  FIELDS,  EXCEPT  THAT  AN
 EMERGENCY  APPLICATION  OF  A PESTICIDE MAY BE MADE AS DETERMINED BY THE
 COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING A HEALTH  DEPARTMENT
 SUCH  AUTHORITY  AS  THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMIS-
 SIONER OF HEALTH OR HIS OR HER DESIGNEE, OR THE COMMISSIONER OF ENVIRON-
 MENTAL CONSERVATION OR HIS OR HER DESIGNEE.
   § 2. This act shall take effect January 1, 2022.

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