S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7696
 
                             I N  S E N A T E
 
                              January 7, 2022
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 7696                             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.