NY State Senate Bill 2019-S2358

Senate Bill S2358

2019-2020 Legislative Session

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

download bill text pdf

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 08, 2020	referred to environmental conservation
Jan 24, 2019	referred to environmental conservation

2019-S2358 (ACTIVE) - Details

See Assembly Version of this Bill:: A4700
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, A5685
2017-2018: S154, S7081, A4265, A9694
2021-2022: S3118, A8199
2023-2024: S665, A6612

2019-S2358 (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.

2019-S2358 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2358

SPONSOR: KAVANAGH
 
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 agen-
cies 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 classi-
fied as a Toxicity Category I by the United States Environmental
Protection Agency (USEPA) or any pesticide classified as a known, like-

ly, 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 possi-
ble human carcinogen, by the USEPA or any pesticide classified as
restricted use by the USEPA or New York State Department of Environ-
mental Conservation (NYSDEC) on or after January 1, 2020. The third
phase of this bill will prohibit the use of a pesticide by state agen-
cies 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 manage-
ment plan by NYSDEC which will include methods to address pest popu-
lation monitoring, a list of least toxic pesticides for use and a list
of non-chemical pest control strategies.

The bill glees the state leeway to suspend the provisions of this bill
in the event of a human emergency. In the event that the NYSDEC deter-
mines 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 underly-
ing causes of the pest cutbreak will be addressed in order to prevent
future outbreaks. In addition, the bill lists exemptions to the pesti-
cide 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, contaminat-
ing 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 biolog-
ical, 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:

2018: S7081/A9694 - REFERRED TO ENVIRONMENTAL CONSERVATION/referred to
environmental conservation
2017: S154/A4265 - REFERRED TO ENVIRONMENTAL CONSERVATION/ stricken
2016: S158B/A5685 - AMENDED AND RECOMMITTED TO ENVIRONMENTAL CONSERVA-
TION/ referred to environmental conservation
2015: S158A/A5685 - AMENDED AND RECOMMITTED TO ENVIRONMENTAL CONSERVA-
TION/ referred to environmental conservation

 
FISCAL IMPLICATIONS TO THE STATE:

Possible cost savings to the state from decreased use.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S2358 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2358
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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.
   2. "ANTIMICROBIAL PESTICIDE" DOES NOT INCLUDE: (A) A WOOD PRESERVATIVE
 OR ANTIFOULING PAINT PRODUCT FOR WHICH A CLAIM OF PESTICIDAL ACTIVITY IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01320-01-9

 S. 2358                             2
 
 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 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 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-TWO, 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 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-THREE,  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 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 TWENTY-ONE,  THE  DEPART-
 MENT  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 TWENTY-ONE AND SHALL BE CONSISTENT WITH THE
 PROVISIONS OF THIS TITLE. SUCH PLAN SHALL ADDRESS PEST POPULATION  MONI-
 TORING, LEAST-TOXIC PESTICIDES FOR USE PRIOR TO JANUARY FIRST, TWO THOU-
 SAND  TWENTY-THREE,  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
   (B)  VIABLE  ALTERNATIVES  DO NOT EXIST (SUCH A DETERMINATION SHALL BE
 MADE IN CONSULTATION WITH  THE  CORNELL  COOPERATIVE  EXTENSION  SERVICE
 INTEGRATED PEST MANAGEMENT PROGRAM).

 S. 2358                             3
 
   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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