NY State Senate Bill 2021-S1400

Senate Bill S1400

2021-2022 Legislative Session

Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides

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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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to environmental conservation
Jan 11, 2021	referred to environmental conservation

co-Sponsors

2021-S1400 (ACTIVE) - Details

See Assembly Version of this Bill:: A3599
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0119, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7391
2017-2018: S3454
2019-2020: S2066, A7403
2023-2024: S719, A958

2021-S1400 (ACTIVE) - Summary

Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides.

2021-S1400 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1400

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the aerial and ground application of malathion and certain
pyrethroid-based insecticides

 
PURPOSE:

This bill seeks to reduce children's pesticide exposure by prohibiting
the use of chemicals commonly used by mosquito control trucks around any
school, day care, or park.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new section 37-0115 of the Environmental
Conservation Law to restrict when and where application of malathion or
the pyrethroid-based insecticides resmethrin and sumithrin can be
applied, and authorizing localities to enact the more restrictive stand-

ard.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

The full extent of children's risks from aggregate exposure to pesti-
cides remains unclear. Still, there is growing evidence of increased
susceptibility in infants and children from exposure which may adversely
affect the nervous system and immune system. Despite this growing
evidence, mosquito control trucks too often fog or spray in and around
places where children are currently, or will be present, including
schools, day cares, and parks. Moreover, even if children are not pres-
ent at the time of the fogging, there is no requirement that items like
playground equipment be thoroughly wiped down prior to use. Therefore,
to protect the health and well-being of our youth, the prohibition set
forth in this legislation seeks to prevent and lessen the potential
adverse effects of widespread pesticide spraying, and enhance New York
State's school anti-pesticide laws.

 
LEGISLATIVE HISTORY:

2016: S7391- REFERRED TO ENVIRONMENTAL CONSERVATION
2017-2018: S3454- REFERRED TO ENVIRONMENTAL CONSERVATION
2019-2020: S2066 - REFERRED TO ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S1400 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1400
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced by Sens. SERRANO, ADDABBO, HOYLMAN, KENNEDY -- 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
   prohibiting the aerial and ground application of malathion and certain
   pyrethroid-based insecticides

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 37-0119 to read as follows:
 § 37-0119. PROHIBITION ON THE AERIAL AND GROUND APPLICATION OF MALATHION
              AND CERTAIN PYRETHROID-BASED INSECTICIDES.
   1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY, CORPORATION, MUNICIPALITY OR GOVERNMENT ENTITY SHALL ALLOW OR IMPLE-
 MENT  THE  AERIAL  OR GROUND APPLICATION OF MALATHION OR THE PYRETHROID-
 BASED INSECTICIDES RESMETHRIN AND SUMITHRIN:
   (A) WITHIN ONE HUNDRED FEET OF ANY SCHOOL, DAY CARE CENTER OR PARK; OR
   (B) ON OTHER PROPERTY WHEN CHILDREN ARE COMMUTING TO AND  FROM  SCHOOL
 AND ENGAGED IN OUTDOOR ACTIVITY.
   2.  IF  A  MORE  RESTRICTIVE  STANDARD IS SET FORTH IN THE INFORMATION
 CONTAINED ON THE LABEL  OF  THE  PESTICIDE,  OR  BY  OTHER  REGULATIONS,
 INCLUDING  COUNTY  OR  LOCAL  REGULATIONS, THE MORE RESTRICTIVE STANDARD
 SHALL APPLY.
   3. FOR THE PURPOSES OF THIS SECTION:
   (A) "DAY CARE CENTER" MEANS ALL CHILD DAY CARE CENTERS AND HEAD  START
 DAY CARE CENTERS; AND
   (B)  "SCHOOL" MEANS ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PAROCHIAL
 SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   4. THE OFFICE IS AUTHORIZED TO PROMULGATE SUCH RULES  AND  REGULATIONS
 AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.

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

                                                            LBD00935-01-1

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Senate Bill S1400

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Sponsored By

Jose M. Serrano