|SAME AS||SAME AS S01371|
|COSPNSR||Galef, Englebright, Quart, Zebrowski, Cook, Abinanti, Rosenthal, Colton, Weprin, Otis, Dinowitz, Thiele, Harris, Sepulveda, Skartados, Simon|
|MLTSPNSR||Gottfried, 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.|
|01/09/2017||referred to health|
|01/17/2017||reported referred to codes|
|02/02/2017||advanced to third reading cal.24|
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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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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. LBD01068-01-7A. 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.