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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
3063
2009-2010 Regular Sessions
I N S E N A T E
March 10, 2009
___________
Introduced by Sens. LAVALLE, FLANAGAN -- 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 use of certain toxic chemicals for lawn and grounds
maintenance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings and intent. The legislature finds and
2 declares that it is the policy of the state to prevent unnecessary
3 endangerment of human health and environmental quality. In order to
4 further this mission, the risks posed by the use of toxic chemicals must
5 be evaluated in light of the benefits derived. The use of toxic chemi-
6 cals for the purely aesthetic purpose of lawn and grounds maintenance
7 confers no public health or environmental benefit, yet exposes people,
8 often without their knowledge or consent, to many chemicals with seri-
9 ous, deleterious effects on human health and the environment. It is the
10 intent of the legislature to prevent such unwarranted exposure from
11 purely aesthetic use.
12 S 2. Section 33-1301 of the environmental conservation law is amended
13 by adding a new subdivision 12 to read as follows:
14 12. FOR THE FOLLOWING PESTICIDES TO BE USED IN COMMERCIAL LAWN APPLI-
15 CATION, GOLF COURSE APPLICATION, RESIDENTIAL LAWN APPLICATION FOR THE
16 PURPOSE OF PEST CONTROL ON ORNAMENTALS AND TURF OR TO BE USED BY ANY
17 STATE AGENCY AS DEFINED IN SUBDIVISION FOUR OF SECTION ONE HUNDRED ONE
18 OF THE STATE TECHNOLOGY LAW OR MUNICIPAL CORPORATION AS DEFINED IN
19 SECTION SIXTY-SIX OF THE GENERAL CONSTRUCTION LAW FOR THE PURPOSE OF
20 PEST CONTROL ON ORNAMENTALS AND TURF:
21 A. ANY PESTICIDE THAT IS CLASSIFIED AS A KNOWN, PROBABLE, LIKELY, OR
22 POSSIBLE HUMAN CARCINOGEN BY THE UNITED STATES ENVIRONMENTAL PROTECTION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07103-01-9
S. 3063 2
1 AGENCY OR THAT THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS
2 CLASSIFIED AS HAVING SUGGESTIVE EVIDENCE OF CARCINOGENICITY;
3 B. ANY PESTICIDE THAT IS CLASSIFIED AS CATEGORY I OR II ACCORDING TO
4 THE PRODUCT ACUTE TOXICITY CLASSIFICATION OF THE UNITED STATES ENVIRON-
5 MENTAL PROTECTION AGENCY FOR EITHER ORAL, DERMAL OR INHALATION TOXICITY;
6 C. ANY PESTICIDE FOR WHICH THERE IS A SPECIFIC, OUTSTANDING REQUEST
7 FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY FOR HEALTH AND
8 ENVIRONMENTAL STUDIES FOR THE PURPOSE OF REGISTRATION OR REREGISTRATION;
9 D. ANY PESTICIDE WHICH THE COMMISSIONER DETERMINES, IN CONSULTATION
10 WITH THE COMMISSIONER OF HEALTH, IS A LIKELY ENDOCRINE DISRUPTER
11 (INCLUDING, BUT NOT LIMITED TO ESTROGEN MIMICRY OR ANDROGEN INHIBITION),
12 IMMUNOTOXIN OR CHRONIC NEUROTOXIN, AS SUCH INFORMATION BECOMES AVAIL-
13 ABLE; AND
14 E. ANY PESTICIDE THAT HAS USE RESTRICTIONS IMPOSED BY EITHER THE
15 COMMISSIONER OR THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY DUE TO
16 THE FOLLOWING ENVIRONMENTAL HAZARDS: GROUNDWATER CONTAMINATION, WILD-
17 LIFE KILLS, OR THREATS TO ENDANGERED SPECIES.
18 S 3. The commissioner of environmental conservation shall restrict the
19 use of pesticides for the purposes prohibited under subdivision 12 of
20 section 33-1301 of the environmental conservation law, as added by
21 section two of this act, through the pesticide registration program
22 under title 7 of article 33 of the environmental conservation law, and
23 shall promulgate rules and regulations to provide for notice to commer-
24 cial applicators and the public of the restrictions on such pesticides.
25 S 4. The second undesignated paragraph of subdivision 1 and subdivi-
26 sion 3 of section 71-2907 of the environmental conservation law, as
27 amended by chapter 285 of the laws of 2000, are amended to read as
28 follows:
29 Notwithstanding any provision of law to the contrary, any person who
30 violates the provisions of a local law adopted pursuant to subdivision
31 one of section 33-1004 of this chapter relating to paragraph a of such
32 subdivision, shall be issued a warning for the first violation and shall
33 be provided seven days to correct such violation; and shall be liable to
34 the people of the state for a civil penalty not to exceed one hundred
35 dollars for a second violation, and not to exceed two hundred fifty
36 dollars for a subsequent violation, to be assessed by the commissioner
37 after a hearing or opportunity to be heard. NOTWITHSTANDING ANY
38 PROVISION OF LAW TO THE CONTRARY, ANY PERSON ENGAGED IN RESIDENTIAL LAWN
39 APPLICATION, AS DEFINED IN SUBDIVISION FORTY-EIGHT OF SECTION 33-0101 OF
40 THIS CHAPTER, WHO VIOLATES SUBDIVISION TWELVE OF SECTION 33-1301 OF THIS
41 CHAPTER, SHALL, FOR A FIRST SUCH VIOLATION, IN LIEU OF A PENALTY BE
42 ISSUED A WRITTEN WARNING, AND SHALL, FOR A SECOND SUCH VIOLATION BE
43 LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL PENALTY NOT TO EXCEED ONE
44 HUNDRED DOLLARS AND NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS FOR ANY
45 SUBSEQUENT VIOLATION, SUCH PENALTIES TO BE ASSESSED BY THE COMMISSIONER
46 AFTER A HEARING OR OPPORTUNITY TO BE HEARD. The commissioner, acting by
47 the attorney general, may bring suit for collection of such assessed
48 civil penalty in any court of competent jurisdiction. Such civil penalty
49 may be released or compromised by the commissioner before the matter has
50 been referred to the attorney general; and where such matter has been
51 referred to the attorney general, any such penalty may be released or
52 compromised and any action commenced to recover the same may be settled
53 and discontinued by the attorney general with the consent of the commis-
54 sioner. Any civil penalty assessed by the commissioner under this subdi-
55 vision shall be reviewable in a proceeding under article [78]
56 SEVENTY-EIGHT of the civil practice law and rules.
S. 3063 3
1 3. Criminal sanctions. Any person who, having the culpable mental
2 states defined in subdivision one or two of section 15.05 or in section
3 20.20 of the penal law, violates any provision of article 33 of this
4 chapter or any rule, regulation thereunder or commits any offense
5 described in section 33-1301 of this chapter, except an offense relating
6 to the application of a general use pesticide shall be guilty of a
7 misdemeanor and, upon conviction thereof, shall be punished by a fine
8 not to exceed five thousand dollars for each day during which such
9 violation continues or by imprisonment for a term of not more than one
10 year, or by both such fine and imprisonment. If the conviction is for a
11 subsequent offense committed after a first conviction of such person
12 under this subdivision, punishment shall be by a fine not to exceed ten
13 thousand dollars for each day during which such violation continues or
14 by imprisonment for a term of not more than one year, or by both such
15 fine and imprisonment. When a violation consists of the manufacture or
16 production of any prohibited article, each day during which or any part
17 of which such manufacture or production is carried on or continued,
18 shall be deemed a separate violation. Any person who violates any
19 provision of article 33 of this chapter or any rule or regulation there-
20 under or commits any offense described in section 33-1301 of this chap-
21 ter relating to the use of a general use pesticide shall be guilty of a
22 violation and, upon conviction thereof, shall be punished by a fine not
23 to exceed twenty-five hundred dollars. If the conviction is for a subse-
24 quent offense committed after the first such conviction of such person
25 under this subdivision, punishment shall be by a fine not to exceed five
26 thousand dollars. Prosecution hereunder may be conducted by either the
27 attorney general or the district attorney consistent with section
28 71-0403 of this article. With respect to violations of section 33-1004
29 OR SUBDIVISION TWELVE OF SECTION 33-1301 of this chapter, penalties
30 imposed pursuant to this subdivision may be assessed only against a
31 person providing a commercial lawn application.
32 S 5. This act shall take effect on the one hundred twentieth day after
33 it shall have become a law, except that section three of this act shall
34 take effect immediately, and except that the penalty provisions of
35 sections 71-2907 and 71-2909 of the environmental conservation law shall
36 not apply to violations of subdivision 12 of section 33-1301 of the
37 environmental conservation law, as added by section two of this act
38 occurring during the one hundred twenty day period following the effec-
39 tive date of this act.
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