NY State Senate Bill 2009-S418

Senate Bill S418

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 Senate Committee Environmental Conservation 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2010	print number 418c
Jun 18, 2010	amend and recommit to environmental conservation
Mar 03, 2010	print number 418b
Mar 03, 2010	amend and recommit to environmental conservation
Jan 06, 2010	referred to environmental conservation
May 29, 2009	print number 418a
May 29, 2009	amend (t) and recommit to environmental conservation
Jan 07, 2009	referred to environmental conservation

Bill Amendments

Original

C (Active)

co-Sponsors

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2009-S418 - Details

Current Committee:: Senate Environmental Conservation
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

2009-S418 - 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-S418 - Sponsor Memo

                                 BILL NUMBER:  S418

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
pest management for educational institutions


 PURPOSE :
To establish limitations on pesticide use in educational institutions;
encourage the use of integrated pest management techniques and require
notification 48 hours prior to application of pesticides.

 SUMMARY OF PROVISIONS :
The bill creates a new Title 14 in ECL Article 33 which establishes
limitations on pesticide use in educational institutions. New Section
33-1401 requires all educational institutions to have pest management
plans for all structural pest control activities, using integrated
pest management (IPM) techniques. Structural pesticide applications
which are preventive in nature and do not respond to existing,
verifiable pest problems are prohibited.  Further, this section
requires that structural pesticide applications in educational
institutions be conducted by certified pesticide applicators only.
Educational institutions are required to notify parents and guardians
of students of all pesticide applications at least 48 hours in advance
of such applications, specifying the information to be provided,
including a copy of the pesticide label. Educational institutions are

required to post a notice of the pesticide application in the
structure at least 48 hours prior to the pesticide applications.

 JUSTIFICATION :
Currently, there are no specific requirements for pesticide
applications in educational facilities. The bill establishes
requirements to provide public notice of such applications, requires
persons performing the applications to be personally certified,
prohibits outdoor pesticide applications around such facilities and
prohibits preventive pesticide applications where there are no target
pests present. These agencies are required to use IPM techniques,
utilizing numerous preventive activities rather than pesticides, only
as a last resort, authorizing the least toxic pesticides to be used.
The overall impact of the legislation will be to eliminate or minimize
exposure to pesticides to students, teachers, public employees and the
public.

 LEGISLATIVE HISTORY :

2007/2008 - S.736 Remained in the Senate Committee on Environmental
Conservation
2005/2006 - S.218 Remained in the Senate Committee on Environmental
Conservation
2003/2004 - S.569  Remained in the Senate Environmental Conservation
Committee
2001/2002 - S.1974 Remained in the Senate Environmental Conservation
Committee
1999/2000 - S.800 Remained in the Senate Environmental Conservation
Committee

 FISCAL IMPLICATIONS :
To be determined. (Sponsors note:  Long-term costs of alternatives are
less than the use of chemical pesticides.)

 EFFECTIVE DATE :
This act shall take effect sixty days after it shall become law.

2009-S418 - Bill Text download pdf

co-Sponsors

View additional co-sponsors

2009-S418A - Details

Current Committee:: Senate Environmental Conservation
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

2009-S418A - Summary

2009-S418A - Sponsor Memo

                                 BILL NUMBER:  S418A

 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 commissioner of the
department of environmental conservation.

 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 environmental conservation 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 integrated 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 commissioner's plan upon approval from the commissioner.

 JUSTIFICATION :
An integrated pest management plan prescribes preventative actions for
pest control in order to avert using dangerous pesticides. This bill
will require schools to follow an effective and sensible 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. Integrated
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 :
A.11583 of 2007-2008

 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-S418A - Bill Text download pdf

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

                                 418--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  BRESLIN,  ADAMS,  DILAN, DUANE, HASSELL-THOMPSON,
  KRUGER, MONTGOMERY,  ONORATO,  OPPENHEIMER,  PARKER,  SAMPSON,  SMITH,
  STACHOWSKI,  STAVISKY, THOMPSON -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03580-04-9

S. 418--A                           2

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-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.

co-Sponsors

View additional co-sponsors

2009-S418B - Details

Current Committee:: Senate Environmental Conservation
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

2009-S418B - Summary

2009-S418B - Sponsor Memo

                                 BILL NUMBER:  S418B

 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 commissioner of the
department of environmental conservation.

 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 environmental conservation, in
consultation with the commissioner of education and the commissioner
of health, 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
integrated 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 commissioner's plan upon approval from the
commissioner.

 JUSTIFICATION :
An integrated pest management plan prescribes preventative actions for
pest control in order to avert using dangerous pesticides. This bill
will require schools to follow an effective and sensible 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. Integrated
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 :
2007/2008 - S.736 Remained in the Senate Committee on Environmental
Conservation
2005/2006 - S.218 Remained in the Senate Committee on Environmental
Conservation

 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-S418B - Bill Text download pdf

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

                                 418--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  BRESLIN,  ADAMS,  DILAN, DUANE, HASSELL-THOMPSON,
  KRUGER, MONTGOMERY,  ONORATO,  OPPENHEIMER,  PARKER,  SAMPSON,  SMITH,
  STACHOWSKI,  STAVISKY, THOMPSON -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Environmental Conservation in accordance with Senate Rule
  6, sec. 8 -- 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03580-05-0

S. 418--B                           2

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.

co-Sponsors

View additional co-sponsors

2009-S418C (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
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

2009-S418C (ACTIVE) - Summary

2009-S418C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S418C

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 commissioner of the
department of environmental conservation.

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 environmental conservation, in
consultation with the commissioner of education and the commissioner
of health, 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
integrated pest management plan which include public access,
guidelines for pesticide application when necessary. 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
commissioner's plan upon approval from the commissioner.

JUSTIFICATION:
An integrated pest management plan prescribes preventative actions for
pest control in order to avert using dangerous pesticides. This bill
will require schools to follow an effective and sensible 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. Integrated
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:
2007-2008 - S.736 Remained in the Senate Committee on
Environmental Conservation
2005/2006 - S.218 Remained in the Senate Committee on
Environmental Conservation

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-S418C (ACTIVE) - Bill Text download pdf

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

                                 418--C

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sens.  BRESLIN,  ADAMS,  DILAN, DUANE, HASSELL-THOMPSON,
  KRUGER, MONTGOMERY,  ONORATO,  OPPENHEIMER,  PARKER,  SAMPSON,  SMITH,
  STACHOWSKI,  STAVISKY, THOMPSON -- read twice and ordered printed, and
  when printed to be committed to the Committee on Environmental Conser-
  vation -- committee discharged, bill  amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Environmental Conservation in accordance with Senate Rule
  6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
  amended  and  recommitted  to  said committee -- 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.

                                                           LBD03580-06-0

S. 418--C                           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-

S. 418--C                           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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Senate Bill S418

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

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2009-S418 - Details

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2009-S418 - Bill Text download pdf

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2009-S418A - Details

2009-S418A - Summary

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2009-S418B - Details

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2009-S418C (ACTIVE) - Details

2009-S418C (ACTIVE) - Summary

2009-S418C (ACTIVE) - Sponsor Memo

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