NY State Assembly Bill 2009-A1617

Assembly Bill A1617

2009-2010 Legislative Session

Requires integrated pest management plans in child day care centers, head start day care centers and schools

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2010	print number 1617b
Jun 09, 2010	amend and recommit to ways and means
Jun 08, 2010	reported referred to ways and means
Jan 27, 2010	print number 1617a
Jan 27, 2010	amend and recommit to environmental conservation
Jan 06, 2010	referred to environmental conservation
Jun 02, 2009	reported referred to ways and means
Jan 07, 2009	referred to environmental conservation

Bill Amendments

Original

B (Active)

2009-A1617 - Details

See Senate Version of this Bill:: S418
Current Committee:: Assembly Ways And Means
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 33 Title 17 §§33-1701 - 33-1705, En Con L; amd §390-a, Soc Serv L; add §409-k, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3104
2013-2014: A1296
2015-2016: A1332
2017-2018: A1455
2019-2020: A3463

2009-A1617 - Summary

Requires integrated pest management plans, as developed or approved by the commissioner of the department of environmental conservation in consultation with the commissioner of education and the commissioner of health, to be implemented in child day care centers, head start day care centers and schools.

2009-A1617 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1617

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. ZEBROWSKI, SWEENEY -- read once and referred to
  the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, the social  services
  law and the education law, in relation to integrated pest management

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 33 of the environmental conservation law is amended
by adding a new title 17 to read as follows:
                                 TITLE 17
                       INTEGRATED PEST MANAGEMENT
SECTION 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
        33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
        33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED  PEST  MANAGEMENT
                   PLAN.
S 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
  THE  COMMISSIONER SHALL DEVELOP AN INTEGRATED PEST MANAGEMENT PLAN FOR
ALL CHILD DAY CARE CENTERS OR HEAD START DAY CARE CENTERS, AS DEFINED IN
SUBDIVISION FIVE  OF  SECTION  THREE  HUNDRED  NINETY-A  OF  THE  SOCIAL
SERVICES LAW, AND ALL SCHOOLS.
S 33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
  1. "INTEGRATED PEST MANAGEMENT" AND "(IPM)" SHALL MEAN A DECISION-MAK-
ING  PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETER-
MINE IF AND WHEN CONTROLS   ARE NEEDED;  EMPLOYS  PHYSICAL,  MECHANICAL,
CULTURAL,  BIOLOGICAL  AND EDUCATIONAL PRACTICES   TO CONTROL CONDITIONS
THAT PROMOTE PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT TOLERABLE
DAMAGE OR  ANNOYANCE  LEVELS;  AND  ONLY  AS  A  LAST  RESORT,  UTILIZES
LEAST-TOXIC PESTICIDE CONTROLS.
  2. THE INTEGRATED PEST MANAGEMENT PLAN FOR CHILD DAY CARE CENTERS, AND
HEAD START DAY CARE CENTERS AND SCHOOLS, AS DEVELOPED BY THE COMMISSION-
ER, SHALL REQUIRE AT A MINIMUM THE FOLLOWING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02528-01-9

A. 1617                             2

  A.   A PROVISION FOR PUBLIC ACCESS TO ALL INFORMATION ABOUT THE IMPLE-
MENTATION OF THE PLANS;
  B.  ALL  PESTICIDE APPLICATIONS TO BE CONDUCTED BY A CERTIFIED COMMER-
CIAL APPLICATOR. PESTICIDE APPLICATIONS BY  PERSONS  WORKING  UNDER  THE
DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICATOR SHALL BE  PROHIB-
ITED;
  C.  WHEN  PESTICIDES  ARE TO BE APPLIED TO THE GROUNDS, TURF, TREES OR
SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED IN SECTION  33-1003  OF
THIS  ARTICLE,  SHALL  BE POSTED AT LEAST EVERY FIFTY FEET WITH AT LEAST
ONE MARKER ON EACH SIDE OF THE  APPLICATION AREA;
  D. APPLICATION OF PESTICIDES SHALL BE DONE UTILIZING THE  LEAST  TOXIC
SUBSTANCES THAT WOULD PROVE EFFECTIVE; AND
  E.  A COPY OF THE PESTICIDE LABEL TO BE PROMINENTLY POSTED IN A COMMON
AREA OF ANY BUILDING WHICH IS TO RECEIVE THE PESTICIDE APPLICATION. SUCH
NOTICE AND A LEGIBLE COPY OF THE PESTICIDE PRODUCT  LABEL  SHALL  REMAIN
POSTED  FOR  AT LEAST FORTY-EIGHT HOURS FOLLOWING THE PESTICIDE APPLICA-
TION. THE NOTICE SHALL INCLUDE, AT A MINIMUM,  THE  NAME  AND  TELEPHONE
NUMBER  OF THE CONTACT PERSON WHO SHALL  PROVIDE DETAILED INFORMATION ON
THE PESTICIDE APPLICATION. A COPY OF THE PESTICIDE LABEL  SHALL BE  MADE
AVAILABLE  TO  ANY PERSON REQUESTING SUCH LABEL WITHIN TWENTY-FOUR HOURS
OF SUCH REQUEST.
S 33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED PEST MANAGEMENT PLAN.
  A CHILD DAY CARE CENTER, HEAD START DAY  CARE  CENTER  OR  SCHOOL  MAY
PROPOSE  AN  INTEGRATED  PEST MANAGEMENT PLAN, SEPARATE FROM THE COMMIS-
SIONER'S PLAN, BASED UPON THE  UNIQUE  CIRCUMSTANCES  OF  THE  DAY  CARE
CENTER  OR  SCHOOL. THE COMMISSIONER MAY APPROVE OR DENY THE APPLICATION
BASED UPON AN ANALYSIS OF THE UNIQUE CIRCUMSTANCES COMPARED TO THE GOALS
OF THE COMMISSIONER'S INTEGRATED PEST MANAGEMENT PLAN.  UPON APPROVAL OF
SUCH APPLICATION BY THE  COMMISSIONER, THE DAY CARE CENTER OR SCHOOL MAY
SUBSTITUTE THE COMMISSIONER'S PLAN WITH THE  APPROVED  INDIVIDUAL  INTE-
GRATED PESTICIDE MANAGEMENT PLAN IN COMPLIANCE WITH THIS TITLE.
  S  2.  Section 390-a of the social services law is amended by adding a
new subdivision 5 to read as follows:
  5. ALL PROVIDERS OF A CHILD DAY CARE  CENTER  AS  DEFINED  IN  SECTION
THREE  HUNDRED  NINETY  OF  THIS  TITLE, OR A HEAD START DAY CARE CENTER
FUNDED PURSUANT TO TITLE V OF THE FEDERAL OPPORTUNITY  ACT  OF  NINETEEN
HUNDRED  SIXTY-FOUR, AS AMENDED, ARE REQUIRED TO IMPLEMENT AN INTEGRATED
PEST MANAGEMENT PLAN WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMIS-
SIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE
SEVENTEEN OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 3.  The education law is amended by adding a new  section  409-j  to
read as follows:
  S  409-J.  INTEGRATED  PEST  MANAGEMENT REQUIREMENTS FOR SCHOOLS.  ALL
SCHOOLS ARE REQUIRED TO IMPLEMENT AN  INTEGRATED  PEST  MANAGEMENT  PLAN
WHICH  HAS BEEN DEVELOPED OR APPROVED BY THE COMMISSIONER OF THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE SEVENTEEN OF  ARTI-
CLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2009-A1617A - Details

See Senate Version of this Bill:: S418
Current Committee:: Assembly Ways And Means
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 33 Title 17 §§33-1701 - 33-1705, En Con L; amd §390-a, Soc Serv L; add §409-k, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3104
2013-2014: A1296
2015-2016: A1332
2017-2018: A1455
2019-2020: A3463

2009-A1617A - Summary

2009-A1617A - Sponsor Memo

                                BILL NUMBER:A1617A

TITLE  OF BILL:  An act to amend the environmental conservation law, the
social services law and the education law,  in  relation  to  integrated
pest management

PURPOSE  OF  THE  BILL: The purpose of the bill is to require schools to
promulgate an integrated pest management plan approved  by  the  commis-
sioner  of  the department of environmental conservation in consultation
with the commissioner of health and education.

SUMMARY OF PROVISIONS:  Section 1 of the bill amends article 33  of  the
environmental conservation by adding a new title 17.

Section  33-1701 relates to the scope of integrated pest management plan
which stipulates that the commissioner of  the  department  of  environ-
mental conservation, in consultation with the commissioner of health and
education,  shall  develop  an  integrated  pest management plan for all
child day care center, head start day care centers and schools.

Section 33-1703 relates to the definition and requirements of  an  inte-
grated  pest management plan which include public access, guidelines for
pesticide application when  necessary  and  utilizing  the  least  toxic
pesticide.

Section 33-1705 relates to the provision that allows individual day care

centers,  head  start  centers and schools to propose an integrated pest
management plan that is suited for that individual center or school. The
center or school may substitute their individual plan with  the  commis-
sioner's plan upon approval from the commissioner.

JUSTIFICATION:  An  integrated pest management plan prescribes preventa-
tive actions for pest control in order to avert using  dangerous  pesti-
cides.  This bill will require schools to follow an effective and sensi-
ble approach to' pest management that will not only benefit the children
and teachers but the community and the environment by using preventative
measures. Pesticides are necessary in certain situations and  their  use
is  under strict guidelines in an integrated pest management plan. Inte-
grated pest management plans  are  widely  used  throughout  the  United
States  and  are essential that they be implemented in New York schools.
This bill also allows for the schools to propose  their  own  individual
integrated  pest management plan that best suits their center or school.
All proposed plans must be approved by the commissioner of the  DEC  for
compliance under the proposed title.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS FOR STATE:  None.

EFFECTIVE  DATE: This act shall take effect on the one hundred eightieth
day after it shall have become law.

2009-A1617A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1617--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI, SWEENEY, ESPAILLAT, MENG, CASTRO,
  SCHIMEL, JAFFEE, FIELDS, LIFTON -- Multi-Sponsored  by  --  M.  of  A.
  BOYLAND,  GORDON, GOTTFRIED, O'DONNELL, PHEFFER, TITONE, WEISENBERG --
  read once and referred to the Committee on Environmental  Conservation
  --  recommitted  to  the  Committee  on  Environmental Conservation in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the environmental conservation law, the social  services
  law and the education law, in relation to integrated pest management

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 33 of the environmental conservation law is amended
by adding a new title 17 to read as follows:
                                 TITLE 17
                       INTEGRATED PEST MANAGEMENT
SECTION 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
        33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
        33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED  PEST  MANAGEMENT
                   PLAN.
S 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
  THE  COMMISSIONER,  IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION
AND THE COMMISSIONER OF HEALTH, SHALL DEVELOP AN INTEGRATED PEST MANAGE-
MENT PLAN FOR ALL CHILD DAY CARE CENTERS OR HEAD START DAY CARE CENTERS,
AS DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED NINETY-A OF  THE
SOCIAL SERVICES LAW, AND ALL SCHOOLS.
S 33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
  1. "INTEGRATED PEST MANAGEMENT" AND "(IPM)" SHALL MEAN A DECISION-MAK-
ING  PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETER-
MINE IF AND WHEN CONTROLS   ARE NEEDED;  EMPLOYS  PHYSICAL,  MECHANICAL,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD02528-02-0

A. 1617--A                          2

CULTURAL,  BIOLOGICAL  AND EDUCATIONAL PRACTICES   TO CONTROL CONDITIONS
THAT PROMOTE PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT TOLERABLE
DAMAGE OR  ANNOYANCE  LEVELS;  AND  ONLY  AS  A  LAST  RESORT,  UTILIZES
LEAST-TOXIC PESTICIDE CONTROLS.
  2. THE INTEGRATED PEST MANAGEMENT PLAN FOR CHILD DAY CARE CENTERS, AND
HEAD START DAY CARE CENTERS AND SCHOOLS, AS DEVELOPED BY THE COMMISSION-
ER, SHALL REQUIRE AT A MINIMUM THE FOLLOWING:
  A.   A PROVISION FOR PUBLIC ACCESS TO ALL INFORMATION ABOUT THE IMPLE-
MENTATION OF THE PLANS;
  B. ALL PESTICIDE APPLICATIONS TO BE CONDUCTED BY A  CERTIFIED  COMMER-
CIAL  APPLICATOR.  PESTICIDE  APPLICATIONS  BY PERSONS WORKING UNDER THE
DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICATOR SHALL BE  PROHIB-
ITED;
  C. WHEN PESTICIDES ARE TO BE APPLIED TO THE GROUNDS,  TURF,  TREES  OR
SHRUBS,  VISUAL  NOTIFICATION MARKERS, AS PROVIDED IN SECTION 33-1003 OF
THIS ARTICLE, SHALL BE POSTED AT LEAST EVERY FIFTY FEET  WITH  AT  LEAST
ONE MARKER ON EACH SIDE OF THE  APPLICATION AREA;
  D.  APPLICATION  OF PESTICIDES SHALL BE DONE UTILIZING THE LEAST TOXIC
SUBSTANCES THAT WOULD PROVE EFFECTIVE; AND
  E. A COPY OF THE PESTICIDE LABEL TO BE PROMINENTLY POSTED IN A  COMMON
AREA OF ANY BUILDING WHICH IS TO RECEIVE THE PESTICIDE APPLICATION. SUCH
NOTICE  AND  A  LEGIBLE COPY OF THE PESTICIDE PRODUCT LABEL SHALL REMAIN
POSTED FOR AT LEAST FORTY-EIGHT HOURS FOLLOWING THE  PESTICIDE  APPLICA-
TION.  THE  NOTICE  SHALL  INCLUDE, AT A MINIMUM, THE NAME AND TELEPHONE
NUMBER OF THE CONTACT PERSON WHO SHALL  PROVIDE DETAILED INFORMATION  ON
THE  PESTICIDE APPLICATION. A COPY OF THE PESTICIDE LABEL  SHALL BE MADE
AVAILABLE TO ANY PERSON REQUESTING SUCH LABEL WITHIN  TWENTY-FOUR  HOURS
OF SUCH REQUEST.
S 33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED PEST MANAGEMENT PLAN.
  A  CHILD  DAY  CARE  CENTER,  HEAD START DAY CARE CENTER OR SCHOOL MAY
PROPOSE AN INTEGRATED PEST MANAGEMENT PLAN, SEPARATE  FROM  THE  COMMIS-
SIONER'S  PLAN,  BASED  UPON  THE  UNIQUE  CIRCUMSTANCES OF THE DAY CARE
CENTER OR SCHOOL. THE COMMISSIONER MAY APPROVE OR DENY  THE  APPLICATION
BASED UPON AN ANALYSIS OF THE UNIQUE CIRCUMSTANCES COMPARED TO THE GOALS
OF THE COMMISSIONER'S INTEGRATED PEST MANAGEMENT PLAN.  UPON APPROVAL OF
SUCH APPLICATION BY THE  COMMISSIONER, THE DAY CARE CENTER OR SCHOOL MAY
SUBSTITUTE  THE  COMMISSIONER'S  PLAN WITH THE APPROVED INDIVIDUAL INTE-
GRATED PESTICIDE MANAGEMENT PLAN IN COMPLIANCE WITH THIS TITLE.
  S 2. Section 390-a of the social services law is amended by  adding  a
new subdivision 5 to read as follows:
  5.  ALL  PROVIDERS  OF  A  CHILD DAY CARE CENTER AS DEFINED IN SECTION
THREE HUNDRED NINETY OF THIS TITLE, OR A  HEAD  START  DAY  CARE  CENTER
FUNDED  PURSUANT  TO  TITLE V OF THE FEDERAL OPPORTUNITY ACT OF NINETEEN
HUNDRED SIXTY-FOUR, AS AMENDED, ARE REQUIRED TO IMPLEMENT AN  INTEGRATED
PEST MANAGEMENT PLAN WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMIS-
SIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE
SEVENTEEN OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
  S  3.    The education law is amended by adding a new section 409-k to
read as follows:
  S 409-K. INTEGRATED PEST MANAGEMENT REQUIREMENTS  FOR  SCHOOLS.    ALL
SCHOOLS  ARE  REQUIRED  TO  IMPLEMENT AN INTEGRATED PEST MANAGEMENT PLAN
WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMISSIONER OF THE  DEPART-
MENT  OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE SEVENTEEN OF ARTI-
CLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2009-A1617B (ACTIVE) - Details

See Senate Version of this Bill:: S418
Current Committee:: Assembly Ways And Means
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 33 Title 17 §§33-1701 - 33-1705, En Con L; amd §390-a, Soc Serv L; add §409-k, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3104
2013-2014: A1296
2015-2016: A1332
2017-2018: A1455
2019-2020: A3463

2009-A1617B (ACTIVE) - Summary

2009-A1617B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1617--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of  A.  ZEBROWSKI, SWEENEY, ESPAILLAT, MENG, CASTRO,
  SCHIMEL, JAFFEE, FIELDS, LIFTON -- Multi-Sponsored  by  --  M.  of  A.
  BOYLAND,  GORDON, GOTTFRIED, O'DONNELL, PHEFFER, TITONE, WEISENBERG --
  read once and referred to the Committee on Environmental  Conservation
  --  recommitted  to  the  Committee  on  Environmental Conservation in
  accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported and referred to the Committee on  Ways  and  Means  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the environmental conservation law, the social  services
  law and the education law, in relation to integrated pest management

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 33 of the environmental conservation law is amended
by adding a new title 17 to read as follows:
                                 TITLE 17
                       INTEGRATED PEST MANAGEMENT
SECTION 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
        33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.
        33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED  PEST  MANAGEMENT
                   PLAN.
S 33-1701. SCOPE OF INTEGRATED PEST MANAGEMENT PLAN.
  THE  COMMISSIONER,  IN CONSULTATION WITH THE COMMISSIONER OF EDUCATION
AND THE COMMISSIONER OF HEALTH, SHALL DEVELOP AN INTEGRATED PEST MANAGE-
MENT PLAN FOR ALL CHILD DAY CARE CENTERS OR HEAD START DAY CARE CENTERS,
AS DEFINED IN SUBDIVISION FIVE OF SECTION THREE HUNDRED NINETY-A OF  THE
SOCIAL SERVICES LAW, AND ALL SCHOOLS.
S 33-1703. INTEGRATED PEST MANAGEMENT PLAN REQUIREMENTS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02528-04-0

A. 1617--B                          2

  1. "INTEGRATED PEST MANAGEMENT" AND "(IPM)" SHALL MEAN A DECISION-MAK-
ING  PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETER-
MINE IF AND WHEN CONTROLS   ARE NEEDED;  EMPLOYS  PHYSICAL,  MECHANICAL,
CULTURAL,  BIOLOGICAL  AND EDUCATIONAL PRACTICES   TO CONTROL CONDITIONS
THAT PROMOTE PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT TOLERABLE
DAMAGE OR ANNOYANCE LEVELS; AND WHEN NECESSARY, JUDICIOUSLY APPLY CHEMI-
CAL PESTICIDES THAT POSE THE LEAST RISK TO HUMAN HEALTH.
  2. THE INTEGRATED PEST MANAGEMENT PLAN FOR CHILD DAY CARE CENTERS, AND
HEAD START DAY CARE CENTERS AND SCHOOLS, AS DEVELOPED BY THE COMMISSION-
ER, SHALL REQUIRE AT A MINIMUM THE FOLLOWING:
  A.   A PROVISION FOR PUBLIC ACCESS TO ALL INFORMATION ABOUT THE IMPLE-
MENTATION OF THE PLANS;
  B. ALL PESTICIDE APPLICATIONS TO BE CONDUCTED BY A  CERTIFIED  COMMER-
CIAL  APPLICATOR.  PESTICIDE  APPLICATIONS  BY PERSONS WORKING UNDER THE
DIRECT SUPERVISION OF A CERTIFIED PESTICIDE APPLICATOR SHALL BE  PROHIB-
ITED;
  C. WHEN PESTICIDES ARE TO BE APPLIED TO THE GROUNDS,  TURF,  TREES  OR
SHRUBS,  VISUAL  NOTIFICATION MARKERS, AS PROVIDED IN SECTION 33-1003 OF
THIS ARTICLE, SHALL BE POSTED AT LEAST EVERY FIFTY FEET  WITH  AT  LEAST
ONE MARKER ON EACH SIDE OF THE  APPLICATION AREA;
  D.  APPLICATION  OF PESTICIDES SHALL BE DONE UTILIZING THE LEAST TOXIC
SUBSTANCES THAT WOULD PROVE EFFECTIVE; AND
  E. A COPY OF THE PESTICIDE LABEL TO BE PROMINENTLY POSTED IN A  COMMON
AREA OF ANY BUILDING WHICH IS TO RECEIVE THE PESTICIDE APPLICATION. SUCH
NOTICE  AND  A  LEGIBLE COPY OF THE PESTICIDE PRODUCT LABEL SHALL REMAIN
POSTED FOR AT LEAST FORTY-EIGHT HOURS FOLLOWING THE  PESTICIDE  APPLICA-
TION.  THE  NOTICE  SHALL  INCLUDE, AT A MINIMUM, THE NAME AND TELEPHONE
NUMBER OF THE CONTACT PERSON WHO SHALL  PROVIDE DETAILED INFORMATION  ON
THE  PESTICIDE APPLICATION. A COPY OF THE PESTICIDE LABEL  SHALL BE MADE
AVAILABLE TO ANY PERSON REQUESTING SUCH LABEL WITHIN  TWENTY-FOUR  HOURS
OF SUCH REQUEST.
S 33-1705. APPLICATION FOR INDIVIDUAL INTEGRATED PEST MANAGEMENT PLAN.
  A  CHILD  DAY  CARE  CENTER,  HEAD START DAY CARE CENTER OR SCHOOL MAY
PROPOSE AN INTEGRATED PEST MANAGEMENT PLAN, SEPARATE  FROM  THE  COMMIS-
SIONER'S  PLAN,  BASED  UPON  THE  UNIQUE  CIRCUMSTANCES OF THE DAY CARE
CENTER OR SCHOOL. THE COMMISSIONER MAY APPROVE OR DENY  THE  APPLICATION
BASED UPON AN ANALYSIS OF THE UNIQUE CIRCUMSTANCES COMPARED TO THE GOALS
OF THE COMMISSIONER'S INTEGRATED PEST MANAGEMENT PLAN.  UPON APPROVAL OF
SUCH APPLICATION BY THE  COMMISSIONER, THE DAY CARE CENTER OR SCHOOL MAY
SUBSTITUTE  THE  COMMISSIONER'S  PLAN WITH THE APPROVED INDIVIDUAL INTE-
GRATED PESTICIDE MANAGEMENT PLAN IN COMPLIANCE WITH THIS TITLE.
  S 2. Section 390-a of the social services law is amended by  adding  a
new subdivision 5 to read as follows:
  5.  ALL  PROVIDERS  OF  A  CHILD DAY CARE CENTER AS DEFINED IN SECTION
THREE HUNDRED NINETY OF THIS TITLE, OR A  HEAD  START  DAY  CARE  CENTER
FUNDED  PURSUANT  TO  TITLE V OF THE FEDERAL OPPORTUNITY ACT OF NINETEEN
HUNDRED SIXTY-FOUR, AS AMENDED, ARE REQUIRED TO IMPLEMENT AN  INTEGRATED
PEST MANAGEMENT PLAN WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMIS-
SIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE
SEVENTEEN OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
  S  3.    The education law is amended by adding a new section 409-l to
read as follows:
  S 409-L. INTEGRATED PEST MANAGEMENT REQUIREMENTS  FOR  SCHOOLS.    ALL
SCHOOLS  ARE  REQUIRED  TO  IMPLEMENT AN INTEGRATED PEST MANAGEMENT PLAN
WHICH HAS BEEN DEVELOPED OR APPROVED BY THE COMMISSIONER OF THE  DEPART-

A. 1617--B                          3

MENT  OF ENVIRONMENTAL CONSERVATION PURSUANT TO TITLE SEVENTEEN OF ARTI-
CLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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