Establishes integrated pest management requirements for municipal facilities; requires pest management plans and notices to be given to building occupants; applies to grounds as well as buildings; requires all municipal pesticide applications to be conducted by a certified commercial applicator.
STATE OF NEW YORK
________________________________________________________________________
2144
2009-2010 Regular Sessions
IN ASSEMBLY
January 15, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, JACOBS, SCHROEDER -- read once and
referred to the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to integrated
pest management in municipal facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 99-v to read as follows:
3 § 99-v. Integrated pest management. 1. For the purposes of this
4 section:
5 (a) "Facility" shall mean the buildings, lands and other appurtenances
6 owned by a municipality.
7 (b) "Integrated pest management" shall mean a decision-making process
8 for pest control that utilizes regular monitoring to determine if and
9 when controls are needed; employs physical, mechanical, cultural,
10 biological and educational tactics to control conditions that promote
11 pest infestations and to keep pest populations at tolerable damage or
12 annoyance levels; and only as a last resort, utilizes least-toxic pesti-
13 cide controls. The overall goal of such management is to eliminate the
14 unnecessary use of pesticides and reduce the use of all pesticides.
15 (c) "Municipality" shall mean a county, city, town or village.
16 2. To ensure that municipal facilities are safe and healthy environ-
17 ments for workers, the public and other occupants, certain requirements
18 shall be placed on pesticide use in such facilities.
19 3. Every municipality shall establish an integrated pest management
20 plan for all pest control activities. All such plans shall be estab-
21 lished after public review and approval by the governing board of the
22 municipality. Such plans shall utilize integrated pest management tech-
23 niques to manage and control pests and problems. Each integrated pest
24 management plan shall include a provision for public access to all
25 information about the implementation of the plan. Municipalities may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05476-01-9
A. 2144 2
1 create advisory committees to assist in the development of the inte-
2 grated pest management plan, and to monitor the implementation of the
3 plan.
4 4. No municipality shall conduct pesticide applications to its facili-
5 ties which are preventive in nature and do not respond to existing,
6 verifiable pest problems. In every instance in which a pesticide appli-
7 cation is conducted at a facility, the municipality shall:
8 (a) have all such applications conducted by a certified commercial
9 applicator. No pesticide application shall be conducted by any person
10 working under the direct supervision of a certified pesticide applica-
11 tor;
12 (b) prominently post a notice of the pesticide application and a copy
13 of the pesticide label in a common area of a building which is to
14 receive the pesticide application. Such notice and a legible copy of the
15 pesticide product label shall remain posted for at least forty-eight
16 hours following the pesticide application. The notice shall include, at
17 a minimum, the name and telephone number of the municipal employee or
18 contact person who shall provide detailed information on the pesticide
19 application. A copy of the pesticide label shall be made available to
20 any person requesting such label within twenty-four hours of such
21 request; and
22 (c) when a pesticide is to be applied to municipal grounds, turf,
23 trees or shrubs, visual notification markers, as provided in section
24 33-1003 of the environmental conservation law, shall be posted at least
25 every fifty feet with at least one marker on each side of the applica-
26 tion area.
27 5. Each municipality shall be responsible for providing an annual
28 evaluation of the implementation of its integrated pest management plan
29 and for updating its integrated pest management plan every three years.
30 Such information shall be made available to the public.
31 § 2. This act shall take effect on the sixtieth day after it shall
32 have become a law.
