NY State Senate Bill S4478A

Current Bill Status - Passed Senate & Assembly

Introduced
In Committee
On Floor Calendar
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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 20, 2021	returned to senate passed assembly ordered to third reading cal.94 substituted for a528a
Apr 27, 2021	referred to codes delivered to assembly passed senate
Mar 30, 2021	amended on third reading 4478a
Feb 24, 2021	advanced to third reading
Feb 23, 2021	2nd report cal.
Feb 22, 2021	1st report cal.380
Feb 05, 2021	referred to health

Votes

view votes

Apr 27, 2021 - floor Vote

S4478A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 22, 2021 - Health committee Vote

S4478

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4478 - Details

See Assembly Version of this Bill:: A528
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
2019-2020: S1145, A1051

S4478 - 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.

S4478 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4478
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- 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,  OR  CHILDREN'S  NON-REGULATED  CAMP
 DEFINED  IN SECTION THREE HUNDRED NINETY-EIGHT-F OF THE GENERAL BUSINESS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01974-01-1

 S. 4478                             2
 
 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 addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such effective date.

Co-Sponsors

S4478A (ACTIVE) - Details

See Assembly Version of this Bill:: A528
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
2019-2020: S1145, A1051

S4478A (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.

S4478A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4478A

SPONSOR: BROUK
 
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,
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, 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 emergen-
cy 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 emergency. The camp must provide the county health department with
documentation 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 overnight or summer day camps, where chil-
dren play and spend time, exactly as they do in school. This bill will
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, 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. Additionally, the bill gives the power to the
health commissioner to exempt camps to the extent that it is not practi-
cable to use pesticide alternatives (e.g. camps operated on land which
they do not fully control or maintain).

 
PRIOR LEGISLATIVE HISTORY:

A.1051A, 2019 and 2020, advanced to third reading / S.1145A, 2019 and
2020, amended and recommitted to health.

A.441 in 2017 and 2018, advanced to third reading cal.24 in 2017,
ordered to third reading cal.38 in 2018 / S.1371 in 2017 and 2018,
referred to health.

A.129 of 2015 and 2016, passed in the assembly both years/ 5.1420 of
2015 and 2016, referred to health.

A.4841 of 2013 and 2014, passed in the assembly both years / 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.

S4478A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4478--A
     Cal. No. 380
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 5, 2021
                                ___________
 
 Introduced  by  Sens.  BROUK, HOYLMAN -- read twice and ordered printed,
   and when printed to  be  committed  to  the  Committee  on  Health  --
   reported  favorably  from  said committee, ordered to first and second
   report, ordered to a third reading,  amended  and  ordered  reprinted,
   retaining its place in the order of third reading
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD01974-05-1

 S. 4478--A                          2
 
   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, ATHLETIC OR PLAYING
 FIELDS,  OTHER  THAN THOSE ON PUBLICLY-OWNED OR PUBLICLY-LEASED PROPERTY
 IN A CITY OF MORE THAN ONE MILLION, EXCEPT THAT: (A) AN EMERGENCY APPLI-
 CATION OF A PESTICIDE MAY BE MADE BY A CAMP DEFINED IN SUBDIVISIONS  ONE
 AND TWO OF SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS ARTICLE AS DETER-
 MINED  BY  THE  COUNTY  HEALTH  DEPARTMENT  OR  FOR A COUNTY SERVED BY A
 DISTRICT OFFICE OF THE DEPARTMENT OF HEALTH, SUCH AUTHORITY AS THE COUN-
 TY LEGISLATURE SHALL DESIGNATE, THE COMMISSIONER OR HIS OR HER DESIGNEE;
 AND (B) AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE BY  A  CHIL-
 DREN'S   NON-REGULATED   CAMP   DEFINED   IN   SECTION   THREE   HUNDRED
 NINETY-EIGHT-F OF THE GENERAL BUSINESS LAW AS DETERMINED BY THE  COMMIS-
 SIONER  OR HIS OR HER DESIGNEE.  IF A RESPONSE TO A REQUEST FOR AN EMER-
 GENCY 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 PESTICIDE, PROVIDED THAT THE CAMP SUBMIT DOCUMENTATION OF
 THE  EMERGENCY  PESTICIDE APPLICATION TO THE COUNTY HEALTH DEPARTMENT OR
 THE  COMMISSIONER  IMMEDIATELY  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  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 addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such effective date.

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The New York State Senate

senate Bill S4478A

Sponsored By

Current Bill Status - Passed Senate & Assembly

Your Voice

Actions

Votes

Apr 27, 2021 - floor Vote

Floor Vote: Apr 27, 2021

Feb 22, 2021 - Health committee Vote

Committee Vote: Feb 22, 2021

Bill Amendments

Co-Sponsors

S4478 - Details

S4478 - Summary

S4478 - Bill Text download pdf

Co-Sponsors

S4478A (ACTIVE) - Details

S4478A (ACTIVE) - Summary

S4478A (ACTIVE) - Sponsor Memo

S4478A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4478A

Share this bill

Sponsored By

Samra G. Brouk

Current Bill Status - Passed Senate & Assembly

Your Voice

Actions

Votes

Apr 27, 2021 - floor Vote

Floor Vote: Apr 27, 2021

Feb 22, 2021 - Health committee Vote

Committee Vote: Feb 22, 2021

Bill Amendments

Co-Sponsors

Brad Hoylman

S4478 - Details

S4478 - Summary

S4478 - Bill Text download pdf

Co-Sponsors

Brad Hoylman

José M. Serrano

S4478A (ACTIVE) - Details

S4478A (ACTIVE) - Summary

S4478A (ACTIVE) - Sponsor Memo

S4478A (ACTIVE) - Bill Text download pdf

Comments