Senate Bill S1059A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1059--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  SERRANO, ADDABBO, HOYLMAN-SIGAL -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental  Conservation  --  committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to said committee

 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. Article 37 of the environmental conservation law is amended
 by adding a new title 12 to read as follows:
 
                                 TITLE 12
  PROHIBITIONS ON THE USE OF MALATHION AND PYRETHROID-BASED INSECTICIDES
 SECTION 37-1201. DEFINITIONS.
         37-1203. PROHIBITION ON THE AERIAL  AND  GROUND  APPLICATION  OF
                    MALATHION AND CERTAIN PYRETHROID-BASED INSECTICIDES.
         37-1205. CONTROLLING STANDARD.
         37-1207. EMERGENCY EXCEPTION.
         37-1209. REGULATIONS.
 § 37-1201. DEFINITIONS.
   FOR THE PURPOSES OF THIS SECTION:
   1.  "DAY  CARE CENTER" MEANS ALL CHILD DAY CARE CENTERS AND HEAD START
 DAY CARE CENTERS, AS DEFINED IN SECTION  THREE  HUNDRED  NINETY  OF  THE
 SOCIAL SERVICES LAW;
   2. "PARK" MEANS ANY STATE, COUNTY, OR MUNICIPAL PARK; AND
   3.  "SCHOOL"  MEANS ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PAROCHIAL
 SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
 § 37-1203. PROHIBITION ON THE AERIAL AND GROUND APPLICATION OF MALATHION
 AND CERTAIN PYRETHROID-BASED INSECTICIDES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01636-02-5
 S. 1059--A                          2
 
   NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY  COMPANY,
 CORPORATION,  MUNICIPALITY OR GOVERNMENT ENTITY SHALL ALLOW OR IMPLEMENT
 THE AERIAL OR GROUND APPLICATION OF MALATHION OR PYRETHROID-BASED INSEC-
 TICIDES:
   1. WITHIN A PARK; OR
   2. WITHIN ONE HUNDRED FEET OF ANY SCHOOL, DAY CARE CENTER OR PARK.
 § 37-1205. CONTROLLING STANDARD.
   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.
 § 37-1207. EMERGENCY EXCEPTION.
   1.  NOTWITHSTANDING  THE  PROHIBITIONS  OF  SUBDIVISION  TWO  OF  THIS
 SECTION,  AN  APPLICATION OF THE LEAST TOXIC PYRETHROID PESTICIDE AVAIL-
 ABLE, AS DETERMINED BY THE DEPARTMENT, MAY BE MADE IN  THE  CASE  OF  AN
 EMERGENCY.  DETERMINATION  OF  AN  EMERGENCY SHALL BE MADE BY THE COUNTY
 HEALTH DEPARTMENT, OR FOR A COUNTY NOT HAVING A HEALTH  DEPARTMENT  SUCH
 AUTHORITY AS THE COUNTY LEGISLATURE SHALL DESIGNATE, THE COMMISSIONER OF
 HEALTH OR THEIR DESIGNEE, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION
 OR THEIR DESIGNEE, OR, IN THE CASE OF A PUBLIC SCHOOL, THE SCHOOL BOARD.
   2. ANY SUCH APPLICATION SHALL BE:
   (A) CONDUCTED AT A TIME THAT MINIMIZES EXPOSURE TO CHILDREN;
   (B) PRECEDED BY ADEQUATE PUBLIC NOTICE; AND
   (C) ACCOMPANIED BY APPROPRIATE SIGNAGE.
 § 37-1209. REGULATIONS.
   THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
 AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.