S T A T E   O F   N E W   Y O R K
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    S. 2227                                                  A. 5463

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 13, 2009
                               ___________

IN  SENATE -- Introduced by Sens. LAVALLE, DIAZ, HANNON, MORAHAN, PARKER
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Environmental Conservation

IN ASSEMBLY -- Introduced by M. of A. ALESSI -- read once  and  referred
  to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  requiring notification of pesticide use on golf courses

  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
                  SPECIAL REQUIREMENTS FOR GOLF COURSES
SECTION 33-1701. REQUIREMENTS AND RESTRICTIONS.
        33-1703. VISUAL NOTIFICATION.
S 33-1701. REQUIREMENTS AND RESTRICTIONS.
  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS ARTICLE, THE OPERATOR OF
ANY GOLF COURSE SHALL, UPON REQUEST,  PROVIDE  TO  ANY  INDIVIDUAL,  THE
FOLLOWING  INFORMATION:  TRADE  NAMES, AMOUNTS AND DATES OF ALL APPLICA-
TIONS OF ALL PESTICIDES APPLIED TO SUCH GOLF COURSE WITHIN THE PRECEDING
SEVEN DAYS.
S 33-1703. VISUAL NOTIFICATION.
  THE OPERATOR OF ANY GOLF COURSE UPON  WHICH  ANY  PESTICIDE  HAS  BEEN
APPLIED  SHALL  POST  IN  A  CONSPICUOUS PLACE, SIGNS IN THE AREA OF THE
FIRST AND TENTH TEES OF SUCH GOLF COURSE, AND IF DAILY GREENS  FEES  ARE
PAID,  SIGNS  AT THE POINT WHERE SUCH FEES ARE PAID. SUCH SIGNS SHALL BE
POSTED ON THE DAY ANY PESTICIDE IS APPLIED AND  SHALL  REMAIN  IN  PLACE
UNTIL THE END OF THE SECOND DAY AFTER THE DATE OF SUCH APPLICATION. SUCH
SIGNS  SHALL  STATE, IN LETTERS AT LEAST ONE-HALF INCH HIGH, THE DATE OF
APPLICATION AND THE TRADE NAME OF ANY AND ALL PESTICIDES APPLIED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08883-01-9
              

S. 2227                             2                            A. 5463

  S 2.  Subdivisions 1 and 3 of section  71-2907  of  the  environmental
conservation  law,  as  amended  by chapter 285 of the laws of 2000, are
amended to read as follows:
  1.  Administrative  sanctions.  Except  as  otherwise provided in this
subdivision, any person who violates any provision of article [33] THIR-
TY-THREE of this chapter or any rule, regulation or order issued  there-
under  or commits any offense described in section 33-1301 of this chap-
ter shall be liable to the people of the state for a civil  penalty  not
to exceed five thousand dollars for a first violation, and not to exceed
ten  thousand  dollars  for  a subsequent offense, to be assessed by the
commissioner after a hearing or opportunity to be heard. Notwithstanding
any provision of law to the contrary, an owner or  owner's  agent  of  a
multiple  dwelling  or owner, owner's agent or a person in a position of
authority for all other types of premises, as such terms are defined  in
paragraph  d of subdivision five of section 33-0905 of this chapter, who
violates any provision of a local law adopted  pursuant  to  subdivision
one  of  section 33-1004 of this chapter relating to paragraph b of such
subdivision, and a person, who violates any provision  of  a  local  law
adopted  pursuant  to subdivision one of section 33-1004 of this chapter
relating to paragraph c of such subdivision, and a person  who  violates
the provisions of subdivision three of section three hundred ninety-c of
the  social services law, AS ADDED BY CHAPTER TWO HUNDRED EIGHTY-FIVE OF
THE LAWS OF TWO THOUSAND, shall, for a first such violation, in lieu  of
a  penalty,  be issued a written warning and shall also be issued educa-
tional materials pursuant to subdivision  two  of  section  33-1005,  AS
ADDED BY CHAPTER TWO HUNDRED EIGHTY-FIVE OF THE LAWS OF TWO THOUSAND, of
this  chapter.  Such  person  shall, however, for a second violation, be
liable to the people of the state for a civil penalty not to exceed  one
hundred  dollars,  and  not  to exceed two hundred fifty dollars for any
subsequent violation, such penalties to be assessed by the  commissioner
after a hearing or opportunity to be heard.
  Notwithstanding  any  provision of law to the contrary, any person who
violates the provisions of a local law adopted pursuant  to  subdivision
one  of  section 33-1004 of this chapter relating to paragraph a of such
subdivision, shall be issued a warning for the first violation and shall
be provided seven days to correct such violation; and shall be liable to
the people of the state for a civil penalty not to  exceed  one  hundred
dollars  for  a  second  violation,  and not to exceed two hundred fifty
dollars for a subsequent violation, to be assessed by  the  commissioner
after  a  hearing  or opportunity to be heard. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, A GOLF COURSE OPERATOR,  WHO  VIOLATES
ANY PROVISION OF TITLE SEVENTEEN OF ARTICLE THIRTY-THREE OF THIS CHAPTER
SHALL,  FOR  A  FIRST SUCH VIOLATION, IN LIEU OF A PENALTY, BE ISSUED AT
THE TIME OF THE OFFENSE A WRITTEN WARNING. SUCH PERSON  SHALL,  HOWEVER,
FOR A SECOND VIOLATION, BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL
PENALTY  NOT  TO  EXCEED ONE HUNDRED DOLLARS, AND NOT EXCEED TWO HUNDRED
FIFTY DOLLARS FOR ANY SUBSEQUENT  VIOLATION.  SUCH  PENALTIES  SHALL  BE
ASSESSED BY THE COMMISSIONER AFTER A HEARING OR OPPORTUNITY TO BE HEARD.
The  commissioner,  acting  by  the attorney general, may bring suit for
collection of such assessed civil penalty  in  any  court  of  competent
jurisdiction.  Such  civil penalty may be released or compromised by the
commissioner before the matter has been referred to the attorney  gener-
al; and where such matter has been referred to the attorney general, any
such  penalty may be released or compromised and any action commenced to
recover the same may be settled and discontinued by the attorney general
with the consent of the commissioner. Any civil penalty assessed by  the

S. 2227                             3                            A. 5463

commissioner  under this subdivision shall be reviewable in a proceeding
under article [78] SEVENTY-EIGHT of the civil practice law and rules.
  3.  Criminal  sanctions.  Any  person  who, having the culpable mental
states defined in subdivision one or two of section 15.05 or in  section
20.20  of  the  penal  law,  violates  any  provision  of  article  [33]
THIRTY-THREE of this chapter  or  any  rule,  regulation  thereunder  or
commits any offense described in section 33-1301 of this chapter, except
an  offense relating to the application of a general use pesticide shall
be guilty of a  misdemeanor  and,  upon  conviction  thereof,  shall  be
punished  by  a  fine  not  to exceed five thousand dollars for each day
during which such violation continues or by imprisonment for a  term  of
not  more  than  one year, or by both such fine and imprisonment. If the
conviction  is  for  a  subsequent  offense  committed  after  a   first
conviction of such person under this subdivision, punishment shall be by
a fine not to exceed ten thousand dollars for each day during which such
violation  continues  or by imprisonment for a term of not more than one
year, or by both such fine and imprisonment. When a  violation  consists
of  the  manufacture  or  production of any prohibited article, each day
during which or any part of which  such  manufacture  or  production  is
carried  on  or  continued,  shall  be  deemed a separate violation. Any
person who violates any provision of article [33] THIRTY-THREE  of  this
chapter  or  any  rule  or  regulation thereunder or commits any offense
described in section 33-1301 of this chapter relating to the  use  of  a
general  use  pesticide  shall  be  guilty  of  a  violation  and,  upon
conviction thereof, shall be punished by a fine not  to  exceed  twenty-
five  hundred  dollars.  If  the  conviction is for a subsequent offense
committed after the first such conviction  of  such  person  under  this
subdivision,  punishment  shall be by a fine not to exceed five thousand
dollars. Prosecution hereunder may be conducted by either  the  attorney
general or the district attorney consistent with section 71-0403 of this
article.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, PENALTIES PURSUANT
TO THIS SUBDIVISION MAY NOT BE ASSESSED WITH RESPECT  TO  VIOLATIONS  OF
TITLE SEVENTEEN OF ARTICLE THIRTY-THREE OF THIS CHAPTER. With respect to
violations  of section 33-1004 of this chapter, penalties imposed pursu-
ant to this subdivision may be assessed only against a person  providing
a commercial lawn application.
  S 3. This act shall take effect immediately.