S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8733
 
                           I N  A S S E M B L Y
 
                             January 11, 2022
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Health
 
 AN ACT to amend the public health law and the environmental conservation
   law,  in  relation  to  pesticide use prohibited at certain children's
   camps
 
   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, as added by a chap-
 ter of the laws of 2021 amending the public health law and the  environ-
 mental conservation law relating to prohibiting the use of pesticides at
 children's  overnight  or  summer  day  camp, as proposed in legislative
 bills numbers S. 4478-A and A. 528-A, is amended to read as follows:
   § 1396. Pesticide [alternatives] APPLICATIONS. 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  conser-
 vation  law,  provided however that [it shall not include] THE FOLLOWING
 PESTICIDE APPLICATION SHALL BE EXEMPT:
   (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,  or  children's  non-regulated  camp

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

                                                            LBD01974-06-2
 A. 8733                             2

 defined  in section three hundred ninety-eight-f of the general business
 law,] PERSON shall apply pesticide to any [playgrounds] PLAYGROUND, TURF
 OR athletic or playing [fields] FIELD AT ANY CAMP AS DEFINED PURSUANT TO
 SUBDIVISIONS  ONE AND TWO OF SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS
 ARTICLE, OR CHILDREN'S NON-REGULATED CAMP AS DEFINED PURSUANT TO SECTION
 THREE HUNDRED NINETY-EIGHT-F OF THE GENERAL  BUSINESS  LAW,  other  than
 those  on  publicly-owned  or publicly-leased property in a city of more
 than one million, except that: (a) an emergency application of a  pesti-
 cide  may  be  made  by  a  camp  defined in subdivisions one and two of
 section thirteen hundred ninety-two of this article as determined by the
 county health department or for a county served by a district office  of
 the department of health, such authority as the county legislature shall
 designate, the commissioner or his or her designee; and (b) an emergency
 application  of  a  pesticide  may be made by a children's non-regulated
 camp defined in section three  hundred  ninety-eight-f  of  the  general
 business  law  as determined by the commissioner 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 envi-
 ronmental  conservation  law  for  a  single  application  of pesticide,
 provided that the camp submit documentation of the  emergency  pesticide
 application  to  the  county health department or the commissioner imme-
 diately thereafter. Such documentation shall include an  explanation  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 certi-
 fied 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  amended  by  a  chapter of the laws of 2021 amending the
 public health law and the environmental  conservation  law  relating  to
 prohibiting  the use of pesticides at children's overnight or summer day
 camp, as proposed in legislative bills numbers S. 4478-A and  A.  528-A,
 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  same  date  and  in  the  same
 manner  as  a chapter of the laws of 2021 amending the public health law
 and the environmental conservation law relating to prohibiting  the  use
 of pesticides at children's overnight or summer day camp, as proposed in
 legislative bills numbers S. 4478-A and A. 528-A, takes effect.