Allows local governments to regulate pesticide use and notification more stringently than the commissioner of environmental conservation has elected to.
STATE OF NEW YORK
________________________________________________________________________
2662
2009-2010 Regular Sessions
IN ASSEMBLY
January 21, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, LATIMER -- Multi-Sponsored by -- M.
of A. BRENNAN, CLARK, COLTON, COOK, EDDINGTON, HOOPER, MAYERSOHN,
ORTIZ, PERRY, PHEFFER, WEISENBERG -- read once and referred to the
Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to local
government authority to regulate pesticide use and notification
requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 33-0101 of the environmental conservation law is
2 amended by adding a new subdivision 50 to read as follows:
3 50. "Pesticide use" means mixing, loading, handling, applying, trans-
4 porting, disposing and storing of pesticides, and cleaning and disposal
5 of pesticide containers.
6 § 2. Subdivision 1 of section 33-0303 of the environmental conserva-
7 tion law is amended to read as follows:
8 1. Jurisdiction in all matters pertaining to the distribution, sale,
9 use and transportation of pesticides, is by this article vested exclu-
10 sively in the commissioner, except that local governments may regulate
11 pesticide use and notification of pesticide applications more restric-
12 tively than the commissioner.
13 § 3. This act shall take effect on the sixtieth day after it shall
14 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06161-01-9