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S04478 Summary:

S04478 Actions:

S04478 Committee Votes:

S04478 Floor Votes:

S04478 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4478--A
            Cal. No. 380
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 5, 2021
                                       ___________
 
        Introduced  by  Sens.  BROUK, HOYLMAN -- read twice and ordered printed,
          and when printed to  be  committed  to  the  Committee  on  Health  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading
 
        AN ACT to amend the public health law and the environmental conservation
          law,  in  relation  to prohibiting the use of pesticides at children's
          overnight or summer day camp
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1396 of the public health law is renumbered section
     2  1397 and a new section 1396 is added to read as follows:
     3    §  1396.  Pesticide  alternatives.  1.  For  purposes  of this section
     4  "pesticide" shall have the same meaning  as  set  forth  in  subdivision
     5  thirty-five  of  section  33-0101 of the environmental conservation law,
     6  provided however that it shall not include:
     7    (a) the application of anti-microbial  pesticides  and  anti-microbial
     8  products  as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)
     9  (2);
    10    (b) the use of an aerosol product with a directed spray, in containers
    11  of eighteen fluid ounces or less, when used to protect individuals  from
    12  an  imminent threat from stinging and biting insects, including venomous
    13  spiders, bees, wasps and hornets;
    14    (c) the use of non-volatile insect or rodent bait in a tamper  resist-
    15  ant container;
    16    (d)  the  application  of  a pesticide classified by the United States
    17  Environmental Protection Agency as an exempt material under 40 CFR  Part
    18  152.25;
    19    (e) the use of boric acid and disodium octaborate tetrahydrate; or
    20    (f)  the  use  of  horticultural  soap  and  oils  that do not contain
    21  synthetic pesticides or synergists.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01974-05-1
        S. 4478--A                          2
 
     1    2. No camp defined in subdivisions one and  two  of  section  thirteen
     2  hundred  ninety-two  of  this  article, or children's non-regulated camp
     3  defined in section three hundred ninety-eight-f of the general  business
     4  law,  shall  apply  pesticide  to  any  playgrounds, athletic or playing
     5  fields,  other  than those on publicly-owned or publicly-leased property
     6  in a city of more than one million, except that: (a) an emergency appli-
     7  cation of a pesticide may be made by a camp defined in subdivisions  one
     8  and two of section thirteen hundred ninety-two of this article as deter-
     9  mined  by  the  county  health  department  or  for a county served by a
    10  district office of the department of health, such authority as the coun-
    11  ty legislature shall designate, the commissioner or his or her designee;
    12  and (b) an emergency application of a pesticide may be made by  a  chil-
    13  dren's   non-regulated   camp   defined   in   section   three   hundred
    14  ninety-eight-f of the general business law as determined by the  commis-
    15  sioner  or his or her designee.  If a response to a request for an emer-
    16  gency application of pesticide is not received by a camp within  twenty-
    17  four hours, such camp may contract with a pesticide applicator certified
    18  under section 33-0905 of the environmental conservation law for a single
    19  application of pesticide, provided that the camp submit documentation of
    20  the  emergency  pesticide application to the county health department or
    21  the  commissioner  immediately  thereafter.  Such  documentation   shall
    22  include  an  explanation  of  the  emergency, the date on which the camp
    23  requested approval for an emergency application of pesticide,  the  date
    24  and time the pesticide was applied, the pesticide or pesticides applied,
    25  and  the  name  of  the  certified  pesticide applicator who applied the
    26  pesticide.
    27    3. The commissioner shall have the power to exempt from  this  section
    28  any camp defined in subdivisions one and two of section thirteen hundred
    29  ninety-two  of  this article to the extent that it is not practicable to
    30  use pesticide  alternatives  as  defined  in  subdivision  one  of  this
    31  section.
    32    §  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
    33  tion law, as added by chapter 85 of the laws of 2010, is amended to read
    34  as follows:
    35    7. The commissioner, in consultation with the commissioner  of  educa-
    36  tion and the commissioner of health, shall develop guidance on pesticide
    37  alternatives  to  facilitate compliance with section four hundred nine-k
    38  of the education  law  [and],  three  hundred  ninety-g  of  the  social
    39  services law and thirteen hundred ninety-six of the public health law.
    40    § 3. This act shall take effect on the one hundred eightieth day after
    41  it shall have become a law.  Effective immediately, the addition, amend-
    42  ment and/or repeal of any rule or regulation necessary for the implemen-
    43  tation of this act on its effective date are authorized to be made on or
    44  before such effective date.