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A00441 Summary:

BILL NOA00441
 
SAME ASSAME AS S01371
 
SPONSORPaulin
 
COSPNSRGalef, Englebright, Quart, Zebrowski, Cook, Abinanti, Rosenthal, Colton, Weprin, Otis, Dinowitz, Thiele, Harris, Sepulveda, Skartados, Simon
 
MLTSPNSRGottfried, Lupardo, Perry, Rivera
 
Ren 1396 to be 1397, add 1396, Pub Health L; amd 33-0303, En Con L
 
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.
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A00441 Actions:

BILL NOA00441
 
01/09/2017referred to health
01/17/2017reported referred to codes
01/30/2017reported
02/02/2017advanced to third reading cal.24
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A00441 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A441
 
SPONSOR: Paulin (MS)
  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, turf, 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, shall apply pesti- cide to any playground, turf, athletic or playing fields except when a need for emergency application of a pesticide has been established. 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 nonpublic schools. As the American Academy of Pediatrics reported on November 26, 2012, "childhood exposure to pesticides is associated with pediatric cancers, decreased cognitive functions and behavioral prob- lems." The National Academy of Sciences also reported that 39% of all neurobehavioral 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 over- night or summer day camps, where children play and spend time, exactly as they do in school. This bill with 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. 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. Addi- tionally, the bill gives the power to the health commissioner to exempt camps to the extent that it is not practicable to use pesticide alterna- tives (e.g. camps operated on land which they do not fully control or maintain).   PRIOR LEGISLATIVE HISTORY: A.129 of 2015 and 2016, passed in the assembly both years. A.4841 of 2013 and 2014, passed in the assembly both years. Same as S.1420 of 2015 and 2016, referred to health. 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.
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A00441 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           441
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, GALEF, ENGLEBRIGHT, QUART, ZEBROWSKI,
          COOK, ABINANTI, ROSENTHAL, COLTON,  WEPRIN,  OTIS,  DINOWITZ,  THIELE,
          HARRIS,  SEPULVEDA -- Multi-Sponsored by -- M. of A. GOTTFRIED, LUPAR-
          DO, PERRY, RIVERA -- read once and referred 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:
 
     1    Section 1. Section 1396 of the public health law is renumbered section
     2  1397 and a new section 1396 is added to read as follows:
     3    § 1396. Pesticide  alternatives.  1.  For  purposes  of  this  section
     4  "pesticide"  shall  have  the  same  meaning as set forth in subdivision
     5  thirty-five of section 33-0101 of the  environmental  conservation  law,
     6  provided however that it shall not include:
     7    (a)  the  application  of anti-microbial pesticides and anti-microbial
     8  products as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q  (h)
     9  (2);
    10    (b) the use of an aerosol product with a directed spray, in containers
    11  of  eighteen fluid ounces or less, when used to protect individuals from
    12  an imminent threat from stinging and biting insects, including  venomous
    13  spiders, bees, wasps and hornets;
    14    (c)  the use of non-volatile insect or rodent bait in a tamper resist-
    15  ant container;
    16    (d) the application of a pesticide classified  by  the  United  States
    17  Environmental  Protection Agency as an exempt material under 40 CFR Part
    18  152.25;
    19    (e) the use of boric acid and disodium octaborate tetrahydrate; or
    20    (f) the use of  horticultural  soap  and  oils  that  do  not  contain
    21  synthetic pesticides or synergists.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01068-01-7

        A. 441                              2
 
     1    2.  No  camp  defined  in subdivisions one and two of section thirteen
     2  hundred ninety-two of this article shall apply pesticide  to  any  play-
     3  grounds,  turf,  athletic or playing fields, other than those on public-
     4  ly-owned or publicly-leased property in a city of more than one million,
     5  except  that  an  emergency  application  of  a pesticide may be made as
     6  determined by the county health department or for a county not having  a
     7  health department, such authority as the county legislature shall desig-
     8  nate,  the  commissioner  or  his or her designee or the commissioner of
     9  environmental conservation or his or her designee.
    10    3. The commissioner shall have the power to exempt from  this  section
    11  any camp defined in subdivisions one and two of section thirteen hundred
    12  ninety-two  of  this article to the extent that it is not practicable to
    13  use pesticide  alternatives  as  defined  in  subdivision  one  of  this
    14  section.
    15    §  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
    16  tion law, as added by chapter 85 of the laws of 2010, is amended to read
    17  as follows:
    18    7. The commissioner, in consultation with the commissioner  of  educa-
    19  tion and the commissioner of health, shall develop guidance on pesticide
    20  alternatives  to  facilitate compliance with section four hundred nine-k
    21  of the education  law  [and],  three  hundred  ninety-g  of  the  social
    22  services law and thirteen hundred ninety-six of the public health law.
    23    § 3. This act shall take effect on the one hundred eightieth day after
    24  it  shall  have  become a law.   Effective immediately the department of
    25  health and the department of environmental conservation  may  promulgate
    26  any  rule  or regulation necessary for the timely implementation of this
    27  act on its effective date.
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