Requires the written notices, signs and markers required for pesticides for commercial and residential lawn application to be printed in the Spanish language in areas of the state with a significant number of Spanish speaking residents.
STATE OF NEW YORK
________________________________________________________________________
6135
2013-2014 Regular Sessions
IN ASSEMBLY
March 15, 2013
___________
Introduced by M. of A. RAMOS -- read once and referred to the Committee
on Environmental Conservation
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 the Spanish
language in areas with a significant number of Spanish speaking resi-
dents
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph a of subdivision 1 of section 33-1004 of the
2 environmental conservation law, as added by chapter 285 of the laws of
3 2000, is amended to read as follows:
4 a. All retail establishments that sell general use pesticides for
5 commercial or residential lawn application shall display a sign meeting
6 standards, established by the commissioner pursuant to subdivision one
7 of section 33-1005 of this article, in a conspicuous place, and such
8 sign shall be placed as close as possible to the place where such pesti-
9 cides are displayed. Such standards of the commissioner shall provide
10 that in areas of the state with a significant number of Spanish speaking
11 residents, the signs required by this paragraph shall be printed in both
12 the English and Spanish languages. The commissioner shall establish
13 rules and regulations regarding what constitutes a significant number of
14 Spanish speaking residents.
15 § 2. Subparagraph (i) of paragraph b of subdivision 1 of section
16 33-1004 of the environmental conservation law, as amended by chapter 324
17 of the laws of 2010, is amended to read as follows:
18 (i) At least forty-eight hours prior to any commercial lawn applica-
19 tion of a pesticide, the person or business making such application
20 shall supply written notice, as defined in subdivision three of section
21 33-1005 of this article to:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08722-01-3
A. 6135 2
1 A. occupants of all dwellings, as defined in paragraph d of subdivi-
2 sion five of section 33-0905 of this article, on abutting property with
3 a boundary that is within one hundred fifty feet of the site of such
4 application; and to owners, owners' agents, or other persons in a posi-
5 tion of authority for all other types of premises, as defined in para-
6 graph d of subdivision five of section 33-0905 of this article, that are
7 on abutting property with a boundary that is within one hundred fifty
8 feet of the site of such application. The written notice required by
9 this paragraph shall be printed in both the English and Spanish
10 languages in areas of the state with a significant number of Spanish
11 speaking residents. The commissioner shall establish rules and regu-
12 lations regarding what constitutes a significant number of Spanish
13 speaking residents. Owners or owners' agents of multiple family dwell-
14 ings shall supply such written notice to the occupants of such multiple
15 family dwellings and for all other types of premises, owners, owners'
16 agents or other persons in a position of authority shall post such writ-
17 ten notice in a manner specified by the commissioner; and
18 B. owners, owners' agents or other persons in positions of authority
19 for multiple family dwellings, the property of which is the site of such
20 application. Owners, or owners' agents of multiple family dwellings
21 shall supply such written notice to the occupants of such multiple fami-
22 ly dwellings in a manner specified by the commissioner.
23 § 3. Subparagraph (i) of paragraph c of subdivision 1 of section
24 33-1004 of the environmental conservation law, as added by chapter 285
25 of the laws of 2000, is amended to read as follows:
26 (i) All persons performing residential lawn applications treating an
27 area more than one hundred square feet shall affix markers to be placed
28 within or along the perimeter of the area where pesticides will be
29 applied. Markers are to be placed so as to be clearly visible to persons
30 immediately outside the perimeter of such property. Such markers shall
31 be posted at least twelve inches above the ground and shall be at least
32 four inches by five inches in size. Furthermore, such markers shall be
33 printed in both the English and Spanish languages in areas of the state
34 with a significant number of Spanish speaking residents. The commis-
35 sioner shall establish rules and regulations regarding what constitutes
36 a significant number of Spanish speaking residents.
37 § 4. The opening paragraph of subdivision 1 of section 33-1005 of the
38 environmental conservation law, as added by chapter 285 of the laws of
39 2000, is amended to read as follows:
40 The commissioner shall promulgate rules and regulations establishing
41 uniform standards for a consumer pesticide use information sign which
42 shall be placed in retail establishments that sell general use pesti-
43 cides for commercial or residential lawn application. Such uniform stan-
44 dards shall require that signs in areas of the state with a significant
45 number of Spanish speaking residents be printed in both the English and
46 Spanish languages. The commissioner shall establish rules and regu-
47 lations regarding what constitutes a significant number of Spanish
48 speaking residents. This sign shall contain the following information:
49 § 5. Subdivision 2 of section 33-1005 of the environmental conserva-
50 tion law, as added by chapter 285 of the laws of 2000, is amended to
51 read as follows:
52 2. The commissioner shall prepare and publish, in consultation with
53 the commissioner of health, educational materials, in both the English
54 and Spanish languages, explaining the requirements of paragraphs b and c
55 of subdivision one of section 33-1004 of this article and section three
A. 6135 3
1 hundred ninety-c of the social services law and the human and environ-
2 mental health effects of lawn care pesticides.
3 § 6. Subdivision 3 of section 33-1005 of the environmental conserva-
4 tion law, as added by chapter 285 of the laws of 2000, is amended by
5 adding a new paragraph c to read as follows:
6 c. The written notice required by paragraph b of subdivision one of
7 section 33-1004 of this article shall, in areas of the state with a
8 significant number of Spanish speaking residents, be printed in both the
9 English and Spanish languages. The commissioner shall establish rules
10 and regulations regarding what constitutes a significant number of Span-
11 ish speaking residents.
12 § 7. This act shall take effect on the one hundred twentieth day after
13 it shall have become a law.
