Prohibits the nonemergency application of pesticide or lawn care pesticide within any municipal park lands and lands under the jurisdiction of the state office of parks, recreation and historic preservation and requires notice of pesticide application.
STATE OF NEW YORK
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1428
2021-2022 Regular Sessions
IN SENATE
January 12, 2021
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Introduced by Sens. SERRANO, ADDABBO, COMRIE, HOYLMAN, KENNEDY, PARKER,
PERSAUD -- read twice and ordered printed, and when printed to be
committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the nonemergency application of pesticide or lawn care
pesticide within any municipal park lands and lands under the juris-
diction of the state office of parks, recreation and historic preser-
vation and requiring notice of pesticide application
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 37-0119 to read as follows:
3 § 37-0119. Prohibition of nonemergency application of pesticide or lawn
4 care pesticide.
5 1. No person, firm, partnership, association, limited liability compa-
6 ny, corporation, municipality or government entity shall allow or imple-
7 ment the nonemergency application of pesticide or lawn care pesticide in
8 any municipal park lands and lands under the jurisdiction of the state
9 office of parks, recreation and historic preservation.
10 2. Prior to any application of pesticide or lawn care pesticide, the
11 office shall provide public notice at least seventy-two hours prior to
12 such application. Such public notice shall remain posted on the premise
13 and on any internet web site operated by the office for seventy-two
14 hours.
15 3. For the purposes of this section:
16 (a) "pesticide" means a fungicide used on plants, an insecticide, a
17 herbicide or a rodenticide, but does not mean a sanitizer, disinfectant,
18 antimicrobial agent or pesticide bait in a tamper resistant container;
19 (b) "lawn care pesticide" means a pesticide registered by the United
20 States Environmental Protection Agency and labeled pursuant to the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00467-01-1
S. 1428 2
1 federal Insecticide, Fungicide and Rodenticide Act for use in lawn,
2 garden and ornamental sites or areas, but shall not include any:
3 (1) microbial pesticide or biochemical pesticide that is registered
4 with the United States Environmental Protection Agency; or
5 (2) a pesticide classified by the United States Environmental
6 Protection Agency as an exempt material under 40 CFR 152.25;
7 (c) "microbial pesticide" means a pesticide that consists of a
8 microorganism as the active ingredient; and
9 (d) "biochemical pesticide" means a naturally occurring substance that
10 controls pests by nontoxic mechanisms.
11 4. The department is authorized to promulgate such rules and regu-
12 lations as it shall deem necessary to implement the provisions of this
13 section.
14 § 2. This act shall take effect immediately.
