NY State Senate Bill 2011-S1787

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to environmental conservation
Jan 12, 2011	referred to environmental conservation

2011-S1787 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §3-0301, En Con L; add §409-l, Ed L
Versions Introduced in 2009-2010 Legislative Session:: S1737

2011-S1787 (ACTIVE) - Summary

Regulates use of pesticides on public and private school grounds for aesthetic purposes.

2011-S1787 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1787

TITLE OF BILL:
An act
to amend the environmental conservation law and
the education law, in relation to regulating the use of
pesticides for aesthetic purposes
on public and private school grounds

PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the use of pesticides on public and private school grounds
and on the grounds of daycare facilities.

SUMMARY OF SPECIFIC PROVISIONS:
Subdivision 1 of sect 3-0301 of the environmental conservation
law is amended by
adding a new paragraph kk. The education law is amended by adding a
new section 409-1.

Gives a short title allowing the act to be known as "The New York
Pesticides-Free Schools Act."

Requires the department of environmental conservation to cooperate
with the department of health to promulgate rules and regulations to
implement the provisions of this act.

Defines "pesticide," "school," "facilities," daycare facility," and
"integrated peat management," and "IPM."

Requires that by the first of September after the section becomes law,
all schools and daycare facilities must have an IPM program in place.

Prohibits the application of pesticides on school and daycare grounds
after the first of September in the year after the section becomes
law except for when an application is necessary to protect the public
health, safety, or welfare or to protect the structural integrity of
a building or if the application is of bacillus papillae spores.
Requires that necessary applications be made outside of business
hours, employ the least toxic alternative, and not involve a
restricted use pesticide.

Prohibits any child enrolled in the school or daycare to enter an area
with a necessary pesticide application until it is safe to do so.

Allows a school district to petition the department of environmental
conservation to extend the deadline for pesticide abatement. Requires
the department of environmental conservation to promulgate rules and
regulations.to implement this section within twelve months of the
effective date of this section.

JUSTIFICATION:
Children are particularly susceptible to the negative effects of
pesticides because of their rapid growth and decreased ability to
detoxify toxins. According to the US Environmental Protection Agency
and the National Academy of Sciences of the 30 most commonly used


lawn pesticides, 19 have studies that link them with certain cancers,
13 with birth defects, 21 with reproductive effects, and 15 with
neurotoxicity or abnormal brain development. A 2003 study on human
exposure to toxic chemicals by the Center for Disease Control found
that the highest residue levels of pesticides that are commonly used
in schools were found in children aged 6-11.

Pesticides can provide public health benefits, but those benefits must
be evaluated in the context of the risks to health that they pose.
Children spend most of their waking hours in a school setting and the
school environment has the potential to affect the long-term health
and welfare of our children. The recent prohibition of pesticides on
school and daycare grounds in Connecticut has demonstrated that
natural pest control methods can be both economical and efficient.

It is wrong to continue to unnecessarily expose New York's
children to toxic
chemicals where there is no public health or environmental benefit
and only a major risk to public health.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
Unknown.

EFFECTIVE DATE:
The first of September after it becomes law, provided that, effective
immediately, the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed
on or before such effective

2011-S1787 (ACTIVE) - Bill Text download pdf

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

                                  1787

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 12, 2011
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation  law  and  the  education
  law,  in  relation  to  regulating the use of pesticides for aesthetic
  purposes on public and private school grounds

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

  Section  1.  Short  title. This act shall be known and may be cited as
the "New York pesticides-free schools act".
  S 2. Subdivision 1 of section 3-0301 of the environmental conservation
law is amended by adding a new paragraph kk to read as follows:
  KK. CONSULT AND COOPERATE WITH THE DEPARTMENT OF HEALTH TO  PROMULGATE
RULES  AND  REGULATIONS  NECESSARY TO IMPLEMENT THE ABATEMENT OF HARMFUL
PESTICIDES USED ON SCHOOL GROUNDS AS DEFINED  IN  SECTION  FOUR  HUNDRED
NINE-L OF THE EDUCATION LAW.
  S  3.  The  education  law is amended by adding a new section 409-l to
read as follows:
  S 409-L. PROHIBITION OF PESTICIDES FOR AESTHETIC PURPOSE ON PUBLIC AND
PRIVATE SCHOOL GROUNDS.  1. FOR THE PURPOSES OF THIS SECTION THE FOLLOW-
ING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
  (A) "PESTICIDE" SHALL MEAN A FUNGICIDE USED ON PLANTS, AN INSECTICIDE,
A HERBICIDE OR A RODENTICIDE BUT DOES NOT MEAN  A  SANITIZER,  DISINFEC-
TANT, ANTIMICROBIAL AGENT OR A PESTICIDE BAIT, AND "LAWN CARE PESTICIDE"
MEANS   A  PESTICIDE  REGISTERED  BY  THE  UNITED  STATES  ENVIRONMENTAL
PROTECTION AGENCY AND  LABELED  PURSUANT  TO  THE  FEDERAL  INSECTICIDE,
FUNGICIDE  AND  RODENTICIDE  ACT  FOR USE IN LAWN, GARDEN AND ORNAMENTAL
SITES OR AREAS.
  (B) "SCHOOL" MEANS ALL FACILITIES, BOTH PUBLIC AND PRIVATE EDUCATIONAL
INSTITUTIONS, FOR GRADES KINDERGARTEN THROUGH TWELVE  OPERATED  IN  THIS
STATE.
  (C)  "GROUNDS"  MEANS  SCHOOL LAND, INCLUDING PLAYING FIELDS AND GREEN
SPACES OF ALL PUBLIC OR PRIVATE SCHOOL OR EDUCATIONAL INSTITUTIONS OPER-
ATED IN THIS STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD06329-01-1

S. 1787                             2

  (D) "INTEGRATED PEST MANAGEMENT"  AND  "IPM"  MEAN  A  DECISION-MAKING
PROCESS  FOR  PEST CONTROL THAT UTILIZES REGULAR MONITORING TO DETERMINE
IF AND WHEN CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL,
BIOLOGICAL AND EDUCATIONAL TACTICS 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 PESTI-
CIDE CONTROLS. THE OVERALL GOAL OF IPM IS TO ELIMINATE  THE  UNNECESSARY
USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES.
  2. BY THE FIRST OF SEPTEMBER AFTER THE EFFECTIVE DATE OF THIS SECTION,
ALL  SCHOOLS  SHALL  HAVE  INTEGRATED PEST MANAGEMENT PLANS FOR ALL PEST
CONTROL ACTIVITIES,  WHICH  HAVE  BEEN  SUBJECT  TO  PUBLIC  REVIEW  AND
APPROVED BY THE SCHOOL BOARD. SUCH PLANS SHALL UTILIZE IPM TECHNIQUES TO
MANAGE  AND  CONTROL  PESTS  AND PROBLEMS. ALL IPM PLANS SHALL INCLUDE A
PROVISION FOR PUBLIC ACCESS TO ALL INFORMATION ABOUT THE  IMPLEMENTATION
OF  THE  PLAN. SCHOOL DISTRICTS MAY CREATE ADVISORY COMMITTEES TO ASSIST
IN THE DEVELOPMENT OF THE IPM PLANS, AND TO MONITOR  THE  IMPLEMENTATION
OF  SUCH  PLANS. NO SCHOOL SHALL CONDUCT OR HAVE CONDUCTED ANY PESTICIDE
APPLICATION TO SCHOOL GROUNDS WHICH APPLICATION IS SOLELY FOR  AESTHETIC
PURPOSES  OR  WHICH IS PREVENTATIVE IN NATURE AND WHICH DOES NOT RESPOND
TO VERIFIABLE PEST PROBLEMS.
  3. BY THE FIRST OF SEPTEMBER IN THE YEAR NEXT SUCCEEDING THE EFFECTIVE
DATE OF THIS SECTION, ALL APPLICATIONS OF PESTICIDES MADE ON THE GROUNDS
OF ANY PUBLIC OR PRIVATE SCHOOL SOLELY FOR AESTHETIC PURPOSES  SHALL  BE
PROHIBITED. SUCH PROHIBITION SHALL NOT INCLUDE ANY APPLICATION OF PESTI-
CIDES  DEEMED  NECESSARY BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE, PESTICIDES NEEDED  TO
PROTECT  THE BUILDING AND STRUCTURAL INTEGRITY OF THE SCHOOL FACILITY OR
SUCH APPLICATION OF PESTICIDES INCLUDING BACILLUS POPILLAE SPORES REGIS-
TERED PURSUANT TO SECTION ONE HUNDRED THIRTY-SIX-A OF TITLE SEVEN OF THE
UNITED STATES CODE. SUCH NECESSARY APPLICATION MAY BE  MADE  OUTSIDE  OF
REGULAR  BUSINESS  HOURS  PROVIDED IT IS THE LEAST TOXIC ALTERNATIVE AND
DOES NOT INVOLVE A RESTRICTED   USE PESTICIDE,  AS  DEFINED  IN  SECTION
33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW. NO CHILD ENROLLED AT SUCH
SCHOOL MAY ENTER AN AREA WHERE PESTICIDES HAVE BEEN APPLIED UNTIL  IT IS
SAFE TO DO SO ACCORDING TO THE PROVISIONS OF THE PESTICIDE LABEL.
  4.  A  SCHOOL  DISTRICT  MAY  PETITION THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION IN THE EVENT THAT THE DISTRICT DETERMINES AN EXTENSION  FOR
THE  ABATEMENT  OF PESTICIDES IS NEEDED PROVIDED THE SCHOOL DISTRICT HAS
MADE A GOOD FAITH EFFORT TO COMPLY WITH THE PROVISIONS OF THIS SECTION.
  5. WITHIN TWELVE MONTHS OF THE EFFECTIVE  DATE  OF  THIS  SECTION  THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN COOPERATION WITH THE DEPART-
MENT  OF HEALTH SHALL ISSUE RULES AND REGULATIONS NECESSARY TO IMPLEMENT
THE PROVISIONS OF THIS SECTION, INCLUDING BUT NOT  LIMITED  TO  A  MODEL
PLAN, A COMPLIANCE SCHEDULE AND APPROPRIATE PENALTIES FOR NONCOMPLIANCE.
SUCH  RULES  AND REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO STAND-
ARDS FOR TECHNICAL CAPABILITY AND DEFINITIONS  FOR  "PESTICIDE  APPLICA-
TIONS  NECESSARY  TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE" AND
"PESTICIDE APPLICATIONS NECESSARY TO PROTECT THE BUILDING AND STRUCTURAL
INTEGRITY OF A FACILITY".
  S 4. This act shall  take  effect  on  the  first  of  September  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date are authorized and directed  to  be  made
and completed on or before such effective date.

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Senate Bill S1787

Sponsored By

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

2011-S1787 (ACTIVE) - Details

2011-S1787 (ACTIVE) - Summary

2011-S1787 (ACTIVE) - Sponsor Memo

2011-S1787 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1787

Share this bill

Sponsored By

Toby Ann Stavisky

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

2011-S1787 (ACTIVE) - Details

2011-S1787 (ACTIVE) - Summary

2011-S1787 (ACTIVE) - Sponsor Memo

2011-S1787 (ACTIVE) - Bill Text download pdf

Comments