New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

S07696 Summary:

S07696 Actions:

S07696 Committee Votes:

S07696 Floor Votes:

S07696 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7696
 
                    IN SENATE
 
                                     January 7, 2022
                                       ___________
 
        Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        AN ACT to amend the public health law and the environmental conservation
          law, in relation to pesticide use  prohibited  at  certain  children's
          camps
 
          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, as added by a  chap-
     2  ter  of the laws of 2021 amending the public health law and the environ-
     3  mental conservation law relating to prohibiting the use of pesticides at
     4  children's overnight or summer day  camp,  as  proposed  in  legislative
     5  bills numbers S. 4478-A and A. 528-A, is amended to read as follows:
     6    §  1396.  Pesticide  [alternatives] applications. 1.   For purposes of
     7  this section "pesticide" shall have the same meaning  as  set  forth  in
     8  subdivision  thirty-five of section 33-0101 of the environmental conser-
     9  vation law, provided however that [it shall not include]  the  following
    10  pesticide application shall be exempt:
    11    (a)  the  application of anti-microbial pesticides [and anti-microbial
    12  products] as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h)
    13  (2);
    14    (b) the use of an aerosol product with a directed spray, in containers
    15  of eighteen fluid ounces or less, when used to protect individuals  from
    16  an  imminent threat from stinging and biting insects, including venomous
    17  spiders, bees, wasps and hornets;
    18    (c) the use of non-volatile insect or rodent bait in a tamper  resist-
    19  ant container;
    20    (d)  the  application  of  a pesticide classified by the United States
    21  Environmental Protection Agency as an exempt material under 40 CFR  Part
    22  152.25;
    23    (e) the use of boric acid and disodium octaborate tetrahydrate; or
    24    (f)  the  use  of  horticultural  soap  and  oils  that do not contain
    25  synthetic pesticides or synergists.
    26    2. No [camp defined in subdivisions one and two  of  section  thirteen
    27  hundred  ninety-two  of  this  article, or children's non-regulated camp

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01974-06-2
        S. 7696                             2

     1  defined in section three hundred ninety-eight-f of the general  business
     2  law,] person shall apply pesticide to any [playgrounds] playground, turf
     3  or athletic or playing [fields] field at any camp as defined pursuant to
     4  subdivisions  one and two of section thirteen hundred ninety-two of this
     5  article, or children's non-regulated camp as defined pursuant to section
     6  three hundred ninety-eight-f of the general  business  law,  other  than
     7  those  on  publicly-owned  or publicly-leased property in a city of more
     8  than one million, except that: (a) an emergency application of a  pesti-
     9  cide  may  be  made  by  a  camp  defined in subdivisions one and two of
    10  section thirteen hundred ninety-two of this article as determined by the
    11  county health department or for a county served by a district office  of
    12  the department of health, such authority as the county legislature shall
    13  designate, the commissioner or his or her designee; and (b) an emergency
    14  application  of  a  pesticide  may be made by a children's non-regulated
    15  camp defined in section three  hundred  ninety-eight-f  of  the  general
    16  business  law  as determined by the commissioner or his or her designee.
    17  [If a response to a request for an emergency application of pesticide is
    18  not received by a camp within twenty-four hours, such camp may  contract
    19  with a pesticide applicator certified under section 33-0905 of the envi-
    20  ronmental  conservation  law  for  a  single  application  of pesticide,
    21  provided that the camp submit documentation of the  emergency  pesticide
    22  application  to  the  county health department or the commissioner imme-
    23  diately thereafter. Such documentation shall include an  explanation  of
    24  the  emergency,  the  date  on  which the camp requested approval for an
    25  emergency application of pesticide, the date and time the pesticide  was
    26  applied, the pesticide or pesticides applied, and the name of the certi-
    27  fied pesticide applicator who applied the pesticide.
    28    3.  The  commissioner shall have the power to exempt from this section
    29  any camp defined in subdivisions one and two of section thirteen hundred
    30  ninety-two of this article to the extent that it is not  practicable  to
    31  use  pesticide  alternatives  as  defined  in  subdivision  one  of this
    32  section.]
    33    § 2. Subdivision 7 of section 33-0303 of the  environmental  conserva-
    34  tion  law,  as  amended  by  a  chapter of the laws of 2021 amending the
    35  public health law and the environmental  conservation  law  relating  to
    36  prohibiting  the use of pesticides at children's overnight or summer day
    37  camp, as proposed in legislative bills numbers S. 4478-A and  A.  528-A,
    38  is amended to read as follows:
    39    7.  The  commissioner, in consultation with the commissioner of educa-
    40  tion and the commissioner of health, shall develop guidance on pesticide
    41  alternatives to facilitate compliance with section four  hundred  nine-k
    42  of  the  education  law[,]  and  three  hundred  ninety-g  of the social
    43  services law [and thirteen hundred ninety-six of the public health law].
    44    § 3. This act shall take effect on the  same  date  and  in  the  same
    45  manner  as  a chapter of the laws of 2021 amending the public health law
    46  and the environmental conservation law relating to prohibiting  the  use
    47  of pesticides at children's overnight or summer day camp, as proposed in
    48  legislative bills numbers S. 4478-A and A. 528-A, takes effect.