The New York State Senate

 
                     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.