NY State Senate Bill 2019-S1145A

Archive: Last Bill Status - In Senate Committee Health 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 20, 2020	print number 1145a
Feb 20, 2020	amend and recommit to health
Jan 08, 2020	referred to health
Jan 11, 2019	referred to health

Bill Amendments

Original

A (Active)

co-Sponsors

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2019-S1145 - Details

See Assembly Version of this Bill:: A1051
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5288, A4841
2015-2016: S1420, A129
2017-2018: S1371, A441
2021-2022: S4478, A528

2019-S1145 - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2019-S1145 - Sponsor Memo

                                
 
BILL NUMBER: S1145

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the public health law and the environmental conservation
law, in relation to prohibiting the use of pesticides at children's
overnight or summer day camp

 
PURPOSE:

To extend New York State's school anti-pesticide laws to children's
overnight and summer day camps. This act will ensure that no children's
overnight or summer day camp applies pesticide to any playground, turf,
athletic or playing field.

 
SUMMARY OF PROVISIONS:

Section 1 amends the public health law by renumbering section 1396 as
section 1397 and by adding a new section 1396. Section 1396 defines
"pesticide" as set forth in subdivision thirty-five of section 33-0101

of the environmental conservation law and lists pesticide alternatives,
which are not included in the definition of "pesticide." This section
provides that no camp defined in subdivisions one and two of section
1392 of the public health law shall apply pesticide to any playground,
turf, athletic or playing fields, other than those on publicly-owned or
publicly-leased property in a city of more than one million, except that
an emergency application of a pesticide has been determined. This
section also provides that the commissioner shall have the power to
exempt from this section any children's overnight camp or summer day
camp to the extent that it is not practicable to use pesticide alterna-
tives.

Section 2 amends subdivision 7 of section 33-0303 of the environmental
conservation law, to extend the existing provisions related to guidance
on pesticide alternatives to summer camps.

Section 3 provides the effective date.

 
JUSTIFICATION:

New York State has already enacted anti-pesticide laws for public and
non-public schools. As the American Academy of Pediatrics reported on
November 26, 2012, "childhood exposure to pesticides is associated with
pediatric cancers, decreased cognitive functions and behavioral prob-
lems." The National Academy of Sciences also reported that 396 of all
neurobehavioral disorders in children are caused by toxic exposures in
the environment and that another 25% are cause by interactions between
the environmental factors and genetics.

Anti-pesticide legislation does not currently apply to children's over-
night or summer day camps, where children play and spend time, exactly
as they do in school. This bill with ensure that children can play in a
safe and chemical-free environment, while taking into consideration
emergency situations, in which the use of pesticide is determined as
necessary by the competent authority for public safety reasons.

Also, the bill gives the power to the health commissioner to exempt
camps to the extent that it is not practicable to use pesticide alterna-
tives (e.g. camps operated on land which they do not fully control or
maintain).

 
LEGISLATIVE HISTORY:

2017-18: S1371/A441 - HEALTH/third reading

2015-16: S1420/A129 - Health/Passed Assembly

2013-14: S.5288-D/A.4841-D - Health Committee/Passed Assembly

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S1145 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1145
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sens.  CARLUCCI,  ADDABBO,  HOYLMAN,  SAVINO, SEPULVEDA,
   SERRANO -- read twice and ordered printed,  and  when  printed  to  be
   committed to the Committee on Health
 
 AN ACT to amend the public health law and the environmental conservation
   law,  in  relation  to prohibiting the use of pesticides at children's
   overnight or summer day camp
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1396 of the public health law is renumbered section
 1397 and a new section 1396 is added to read as follows:
   §  1396.  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 CAMP DEFINED IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  THIRTEEN
 HUNDRED  NINETY-TWO  OF  THIS ARTICLE SHALL APPLY PESTICIDE TO ANY PLAY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00602-01-9

 S. 1145                             2
 
 GROUNDS, TURF, ATHLETIC OR PLAYING FIELDS, OTHER THAN THOSE  ON  PUBLIC-
 LY-OWNED OR PUBLICLY-LEASED PROPERTY IN A CITY OF MORE THAN ONE MILLION,
 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 DESIG-
 NATE, THE COMMISSIONER OR HIS OR HER DESIGNEE  OR  THE  COMMISSIONER  OF
 ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
   3.  THE  COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM THIS SECTION
 ANY CAMP DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN HUNDRED
 NINETY-TWO OF THIS ARTICLE TO THE EXTENT THAT IT IS NOT  PRACTICABLE  TO
 USE  PESTICIDE  ALTERNATIVES  AS  DEFINED  IN  SUBDIVISION  ONE  OF THIS
 SECTION.
   § 2.  Subdivision 7 of section 33-0303 of the environmental  conserva-
 tion law, as added by chapter 85 of the laws of 2010, is amended to read
 as follows:
   7.  The  commissioner, in consultation with the commissioner of educa-
 tion and the commissioner of health, shall develop guidance on pesticide
 alternatives to facilitate compliance with section four  hundred  nine-k
 of  the  education  law  [and],  three  hundred  ninety-g  of the social
 services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.   Effective immediately  the  department  of
 health  and  the department of environmental conservation may promulgate
 any rule or regulation necessary for the timely implementation  of  this
 act on its effective date.

co-Sponsors

View additional co-sponsors

2019-S1145A (ACTIVE) - Details

See Assembly Version of this Bill:: A1051
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Ren §1396 to be §1397, add §1396, Pub Health L; amd §33-0303, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S5288, A4841
2015-2016: S1420, A129
2017-2018: S1371, A441
2021-2022: S4478, A528

2019-S1145A (ACTIVE) - Summary

Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.

2019-S1145A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1145A

SPONSOR: CARLUCCI
 
TITLE OF BILL:

An act to amend the public health law and the environmental conservation
law, in relation to prohibiting the use of pesticides at children's
overnight or summer day camp

 
PURPOSE OR GENERAL IDEA OF BILL:

To extend New York State's school anti-pesticide laws to children's
overnight and summer day camps. This act will ensure that no children's
overnight or summer day camp applies pesticide to any playground, turf,
athletic or playing field.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the public health law by renumbering section 1396 as
section 1397 and by adding a new section 1396. Section 1396 defines
"pesticide" as set forth in subdivision thirty-five of section 33-0101

of the environmental conservation law. Additionally, pesticide alterna-
tives which are not included in the definition of "pesticide" are list-
ed. The section also provides that no camp, as defined in subdivisions
one and two of section 1392 of the public health law or children's non-
regulated camp defined in section 398-f of the general business law,
shall apply pesticide to any playground, turf, athletic or playing
fields except when a need for emergency application of a pesticide has
been established.

In the event that a camp requests approval for an emergency application
of pesticide and does not receive a response to their request within
twenty-four hours, the camp may contract with a certified pesticide
applicator for a single application of pesticide to address the emergen-
cy. The camp must provide the county health department with documenta-
tion of the pesticide application immediately thereafter.

Property on publicly-owned or publicly-leased property in a city of more
than one million is exempt from this regulation. This section also
provides that the commissioner shall have the power to exempt from this
section any children's overnight camp or summer day camp to the extent
that it is not practicable to use pesticide alternatives.

Section 2 amends subdivision 7 of section 33-0303 of the environmental
conservation law, to extend the existing provisions related to, guidance
on pesticide alternatives to summer camps.

Section 3 provides the effective date.

 
JUSTIFICATION:

New York State has already enacted anti-pesticide laws for public and
non-public schools. As the American Academy of Pediatrics reported in
2012, "childhood exposure to pesticides is associated with pediatric
cancers, decreased cognitive functions and behavioral problems." The
National Academy of Sciences has also reported that 39% of all neurobe-
havioral disorders in children are caused by toxic exposures in the
environment and that another 25% are cause by interactions between the
environmental factors and genetics.
Anti-pesticide legislation does not currently apply to children's over-
night or summer day camps, where children play and spend time, exactly
as they do in school. This bill with ensure that children can play in a
safe and chemical-free environment, while taking into consideration
emergency situations, in which the use of pesticide is determined as
necessary by the competent authority for public safety reasons.

Because the bill only prohibits the application of pesticides to any
playground, turf, athletic or playing fields, camps will still be able
to apply pesticides in other areas of a camp where it might be necessary
to prevent or eliminate insects or rodents, such as kitchens and the
outside perimeter of cabins.

The bill contains an exemption for camps held on lands owned or leased
by cities of more than a million people, such as New York City.  Addi-
tionally, the bill gives the power to the health commissioner to exempt
camps to the extent that it is not practicable to use pesticide alterna-
tives (e.g. camps operated on land which they do not fully control or
maintain).

 
PRIOR LEGISLATIVE HISTORY:

A.441 in 2017 and 2018, advanced to third reading cal.24 in 2017,
ordered to third reading cal.38 in 2018.

Same as 5.1371 in 2017 and 2018, referred to health.

A.129 of 2015 and 2016, passed in the assembly both years.
A.4841 of 2013 and 2014, passed in the assembly both years.
Same as 5.1420 of 2015 and 2016, referred to health.
S.5288 of 2013 and 2014, referred to health.

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.

2019-S1145A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1145--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced   by  Sens.  CARLUCCI,  ADDABBO,  HOYLMAN,  METZGER,  SAVINO,
   SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed
   to be committed to the Committee  on  Health  --  recommitted  to  the
   Committee  on  Health  in  accordance  with  Senate  Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the public health law and the environmental conservation
   law,  in  relation  to prohibiting the use of pesticides at children's
   overnight or summer day camp
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1396 of the public health law is renumbered section
 1397 and a new section 1396 is added to read as follows:
   §  1396.  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00602-05-0

 S. 1145--A                          2
 
   (F)  THE  USE  OF  HORTICULTURAL  SOAP  AND  OILS  THAT DO NOT CONTAIN
 SYNTHETIC PESTICIDES OR SYNERGISTS.
   2.  NO  CAMP  DEFINED  IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN
 HUNDRED NINETY-TWO OF THIS ARTICLE,  OR  CHILDREN'S  NON-REGULATED  CAMP
 DEFINED  IN SECTION THREE HUNDRED NINETY-EIGHT-F OF THE GENERAL BUSINESS
 LAW, SHALL APPLY PESTICIDE TO ANY PLAYGROUNDS, TURF, ATHLETIC OR PLAYING
 FIELDS, OTHER THAN THOSE ON PUBLICLY-OWNED OR  PUBLICLY-LEASED  PROPERTY
 IN A CITY OF MORE THAN ONE MILLION, 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  COMMISSIONER  OR  HIS  OR  HER
 DESIGNEE OR THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER
 DESIGNEE.  IF  A  RESPONSE  TO A REQUEST FOR AN EMERGENCY APPLICATION OF
 PESTICIDE IS NOT RECEIVED BY A CAMP WITHIN TWENTY-FOUR HOURS, SUCH  CAMP
 MAY CONTRACT WITH A PESTICIDE APPLICATOR CERTIFIED UNDER SECTION 33-0905
 OF THE ENVIRONMENTAL CONSERVATION LAW FOR A SINGLE APPLICATION OF PESTI-
 CIDE,  PROVIDED  THAT  THE  CAMP  SUBMIT  DOCUMENTATION OF THE EMERGENCY
 PESTICIDE APPLICATION TO THE COUNTY HEALTH DEPARTMENT OR THE COMMISSION-
 ER IMMEDIATELY THEREAFTER. SUCH DOCUMENTATION SHALL INCLUDE AN  EXPLANA-
 TION OF THE EMERGENCY, THE DATE ON WHICH THE CAMP REQUESTED APPROVAL FOR
 AN  EMERGENCY  APPLICATION OF PESTICIDE, THE DATE AND TIME THE PESTICIDE
 WAS APPLIED, THE PESTICIDE OR PESTICIDES APPLIED, AND THE  NAME  OF  THE
 CERTIFIED PESTICIDE APPLICATOR WHO APPLIED THE PESTICIDE.
   3.  THE  COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM THIS SECTION
 ANY CAMP DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN HUNDRED
 NINETY-TWO OF THIS ARTICLE TO THE EXTENT THAT IT IS NOT  PRACTICABLE  TO
 USE  PESTICIDE  ALTERNATIVES  AS  DEFINED  IN  SUBDIVISION  ONE  OF THIS
 SECTION.
   § 2.  Subdivision 7 of section 33-0303 of the environmental  conserva-
 tion law, as added by chapter 85 of the laws of 2010, is amended to read
 as follows:
   7.  The  commissioner, in consultation with the commissioner of educa-
 tion and the commissioner of health, shall develop guidance on pesticide
 alternatives to facilitate compliance with section four  hundred  nine-k
 of  the  education  law  [and],  three  hundred  ninety-g  of the social
 services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.   Effective immediately  the  department  of
 health  and  the department of environmental conservation may promulgate
 any rule or regulation necessary for the timely implementation  of  this
 act on its effective date.

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Senate Bill S1145A

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

2019-S1145 - Details

2019-S1145 - Summary

2019-S1145 - Sponsor Memo

2019-S1145 - Bill Text download pdf

co-Sponsors

2019-S1145A (ACTIVE) - Details

2019-S1145A (ACTIVE) - Summary

2019-S1145A (ACTIVE) - Sponsor Memo

2019-S1145A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Actions

Bill Amendments

co-Sponsors

2019-S1145 - Details

2019-S1145 - Summary

2019-S1145 - Sponsor Memo

2019-S1145 - Bill Text download pdf

co-Sponsors

2019-S1145A (ACTIVE) - Details

2019-S1145A (ACTIVE) - Summary

2019-S1145A (ACTIVE) - Sponsor Memo

2019-S1145A (ACTIVE) - Bill Text download pdf

Comments