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A05169 Summary:

A05169 Actions:

A05169 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5169A
 
SPONSOR: Ramos

 
TITLE OF BILL:
 
An act to amend the environmental conservation law, in relation to
requiring certain signs and notices relating to pesticides for commer-
cial or residential lawn application to be printed in both the English
and Spanish languages
 
 
PURPOSE:
 
The purpose of the bill is to ensure that in areas of the State with
significant numbers of Spanish speaking residents as determined by the
Commissioner, lawn pesticide application signs are printed in Spanish.
 
 
SUMMARY OF PROVISIONS:

The bill requires that all persons performing residential lawn applica-
tions treating an area with more than 100 square feet to affix markers
to be placed within or along the perimeter of the area where pesticides
will be applied. Such markers shall be in both English and Spanish and
any other languages if the commissioner deems it necessary pursuant to
rules and regulations. The commissioner shall promulgate rules and regu-
lations establishing uniform standards for consumer pesticide use infor-
mation sign which shall be placed in retail establishments that sell
general use pesticides for commercial or residential lawn application.
The sign shall be in both English and Spanish and any other languages
the commissioner deems necessary.  The commissioner shall prepare and
publish, in consultation with the commissioner of health, educational
materials in both the English and Spanish languages and any other
languages they deems necessary explaining the human and environmental
health effects of lawn care pesticides.
 
 
JUSTIFICATION:
 
In areas with significant numbers of Spanish speaking residents as
determined by the Commissioner, it is important that warning notices and
lawn markers be printed in English and Spanish to ensure that Spanish
speaking persons are fully aware of such pesticide applications and
other warnings or limitations imposed by these applications.
 
 
PRIOR LEGISLATIVE HISTORY:
 
A.4936 of 2017-18 referred to environmental conservation
 
A.4451 of 2015-16 referred to environmental conservation
 
A.6135 of 2013-14 referred to environmental conservation
 
A.4681 of 2011-12 referred to environmental conservation
 
A.8483A of 2009-10 amend and recommit to environmental conservation
 
 
EFFECTIVE DATE:
This act would take effect 120 days after it shall become law.

A05169 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5169--A
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 7, 2019
                                       ___________
 
        Introduced  by M. of A. RAMOS -- read once and referred to the Committee
          on Environmental Conservation -- recommitted to the Committee on Envi-
          ronmental Conservation in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          requiring certain signs and notices relating to pesticides for commer-
          cial or residential lawn application to be printed in both the English
          and Spanish languages
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph (i) of paragraph c of subdivision 1 of section
     2  33-1004 of the environmental conservation law, as added by  chapter  285
     3  of the laws of 2000, is amended to read as follows:
     4    (i)  All  persons performing residential lawn applications treating an
     5  area more than one hundred square feet shall affix markers to be  placed
     6  within  or  along  the  perimeter  of  the area where pesticides will be
     7  applied. Markers are to be placed so as to be clearly visible to persons
     8  immediately outside the perimeter of such property. [Such markers] Mark-
     9  ers shall be posted at least twelve inches above the ground and shall be
    10  at least four inches by five inches in size. Such markers  shall  be  in
    11  both  the  English and Spanish languages, and any other languages if the
    12  commissioner deems it necessary pursuant to rules and regulations.
    13    § 2. The opening paragraph of subdivision 1 of section 33-1005 of  the
    14  environmental  conservation  law, as added by chapter 285 of the laws of
    15  2000, is amended to read as follows:
    16    The commissioner shall promulgate rules and  regulations  establishing
    17  uniform  standards  for  a consumer pesticide use information sign which
    18  shall be placed in retail establishments that sell  general  use  pesti-
    19  cides for commercial or residential lawn application. This sign shall be
    20  in  both  the  English and Spanish languages, and any other languages if
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07471-02-0
        A. 5169--A                          2
 
     1  the commissioner deems it necessary pursuant to rules  and  regulations,
     2  and shall contain the following information:
     3    §  3.  Subdivision 2 of section 33-1005 of the environmental conserva-
     4  tion law, as added by chapter 285 of the laws of  2000,  is  amended  to
     5  read as follows:
     6    2.  The  commissioner  shall prepare and publish, in consultation with
     7  the commissioner of health, educational materials, in both  the  English
     8  and  Spanish languages and any other languages if the commissioner deems
     9  it necessary, explaining the requirements  of  paragraphs  b  and  c  of
    10  subdivision  one  of  section  33-1004 of this article and section three
    11  hundred ninety-c of the social services law and the human  and  environ-
    12  mental health effects of lawn care pesticides.
    13    §  4.  Subdivision 3 of section 33-1005 of the environmental conserva-
    14  tion law, as added by chapter 285 of the laws of  2000,  is  amended  by
    15  adding a new paragraph c to read as follows:
    16    c.  The  written  notice required by paragraph b of subdivision one of
    17  section 33-1004 of this article shall be in both the English and Spanish
    18  languages, and any other languages if the commissioner deems  it  neces-
    19  sary pursuant to rules and regulations.
    20    § 5. This act shall take effect on the one hundred twentieth day after
    21  it shall have become a law.