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

                                   42

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced by Sens. SQUADRON, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN  ACT  to amend the environmental conservation law, in relation to the
  phase-out of state use of pesticides

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

  Section  1.  Legislative  findings. The legislature finds and declares
that pesticides are linked to a number of acute and chronic health prob-
lems and that it is therefore the  policy  of  the  state  to  phase-out
pesticide  use  by  the government for many pest control purposes and to
adopt a pest control policy that substantially  relies  on  non-chemical
pest control strategies.
  S  2.  Article  33 of the environmental conservation law is amended by
adding a new title 8 to read as follows:
                                 TITLE 8
                           PHASE-OUT OF STATE
                            USE OF PESTICIDES
SECTION 33-0801. DEFINITIONS.
        33-0803. PHASE-OUT OF STATE USE OF PESTICIDES.
S 33-0801. DEFINITIONS.
  AS USED IN THIS TITLE:
  1. "ANTIMICROBIAL PESTICIDE" MEANS A PESTICIDE THAT:  (A) IS  INTENDED
TO  DISINFECT,  SANITIZE,  REDUCE,  OR MITIGATE GROWTH OR DEVELOPMENT OF
MICROBIOLOGICAL ORGANISMS; (B) IS INTENDED TO PROTECT INANIMATE OBJECTS,
INDUSTRIAL PROCESSES OR SYSTEMS,  SURFACES,  WATER,  OR  OTHER  CHEMICAL
SUBSTANCES  FROM  CONTAMINATION,  FOULING,  OR  DETERIORATION  CAUSED BY
BACTERIA, VIRUSES, FUNGI, PROTOZOA, ALGAE,  OR  SLIME;  OR  (C)  IN  THE
INTENDED  USE  IS  EXEMPT FROM, OR OTHERWISE NOT SUBJECT TO, A TOLERANCE
UNDER APPROPRIATE PROVISIONS OF FEDERAL LAW.

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

                                                           LBD00039-01-1

S. 42                               2

  2. "ANTIMICROBIAL PESTICIDE" DOES NOT INCLUDE: (A) A WOOD PRESERVATIVE
OR ANTIFOULING PAINT PRODUCT FOR WHICH A CLAIM OF PESTICIDAL ACTIVITY IS
MADE; (B) AN AGRICULTURAL FUNGICIDE PRODUCT; OR (C) AN AQUATIC HERBICIDE
PRODUCT.
S 33-0803. PHASE-OUT OF STATE USE OF PESTICIDES.
  1.  EFFECTIVE  JANUARY  FIRST, TWO THOUSAND THIRTEEN, NO STATE DEPART-
MENT, AGENCY, OR PUBLIC BENEFIT CORPORATION OR ANY PESTICIDE  APPLICATOR
EMPLOYED  THEREBY  AS  A  CONTRACTOR  OR  SUBCONTRACTOR FOR PEST CONTROL
PURPOSES, SHALL APPLY ON STATE  PROPERTY  ANY  PESTICIDE  CLASSIFIED  AS
TOXICITY  CATEGORY I BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
CY, OR ANY PESTICIDE CLASSIFIED AS A KNOWN, LIKELY,  OR  PROBABLE  HUMAN
CARCINOGEN  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, EXCEPT
AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
  2. EFFECTIVE JANUARY FIRST, TWO THOUSAND FOURTEEN,  NO  STATE  DEPART-
MENT, AGENCY, OR PUBLIC BENEFIT CORPORATION, OR ANY PESTICIDE APPLICATOR
EMPLOYED  THEREBY  AS  A  CONTRACTOR  OR  SUBCONTRACTOR FOR PEST CONTROL
PURPOSES, SHALL APPLY ON STATE  PROPERTY  ANY  PESTICIDE  CLASSIFIED  AS
TOXICITY CATEGORY II BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
CY,  ANY  PESTICIDE  CLASSIFIED  AS  A  POSSIBLE HUMAN CARCINOGEN BY THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, OR ANY PESTICIDE  CLASSI-
FIED  AS  RESTRICTED  USE  BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY OR THE DEPARTMENT, EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS
SECTION.
  3. EFFECTIVE JANUARY FIRST, TWO THOUSAND FIFTEEN, NO STATE DEPARTMENT,
AGENCY, OR  PUBLIC  BENEFIT  CORPORATION  OR  ANY  PESTICIDE  APPLICATOR
EMPLOYED  THEREBY  AS  A  CONTRACTOR  OR  SUBCONTRACTOR FOR PEST CONTROL
PURPOSES SHALL APPLY ANY PESTICIDE ON STATE PROPERTY, EXCEPT AS PROVIDED
IN SUBDIVISION FOUR OF THIS SECTION.
  4. THE PROVISIONS OF SUBDIVISIONS ONE, TWO, AND THREE OF THIS  SECTION
SHALL NOT APPLY TO THE FOLLOWING:
  (A)  PESTICIDES OTHERWISE LAWFULLY USED FOR THE PURPOSE OF MAINTAINING
A SAFE DRINKING WATER SUPPLY AT DRINKING WATER TREATMENT PLANTS,  WASTE-
WATER  TREATMENT  PLANTS,  RESERVOIRS,  AND RELATED COLLECTION, DISTRIB-
UTION, AND TREATMENT FACILITIES;
  (B) ANTIMICROBIAL PESTICIDES;
  (C) PESTICIDES IN CONTAINED BAITS FOR THE PURPOSES OF RODENT  CONTROL;
AND
  (D)   PESTICIDES   CLASSIFIED   BY  THE  UNITED  STATES  ENVIRONMENTAL
PROTECTION AGENCY AS EXEMPT MATERIALS UNDER 40 CFR 152.25.
  5.  ON OR BEFORE JANUARY FIRST, TWO THOUSAND THIRTEEN, THE  DEPARTMENT
SHALL  ADOPT  A PEST MANAGEMENT PLAN FOR EVERY STATE DEPARTMENT, AGENCY,
AND PUBLIC BENEFIT CORPORATION. SUCH PLAN SHALL TAKE EFFECT  ON  JANUARY
FIRST, TWO THOUSAND THIRTEEN AND SHALL BE CONSISTENT WITH THE PROVISIONS
OF  THIS  TITLE.  SUCH  PLAN  SHALL  ADDRESS PEST POPULATION MONITORING,
LEAST-TOXIC PESTICIDES FOR USE PRIOR  TO  JANUARY  FIRST,  TWO  THOUSAND
FIFTEEN,  AND  NON-CHEMICAL  PEST  CONTROL STRATEGIES FOR USE AFTER SUCH
DATE, WHICH WILL EFFECTIVELY MANAGE PEST  PROBLEMS  IN  A  COMPREHENSIVE
MANNER.
  6.  SHOULD ANY STATE DEPARTMENT, AGENCY, OR PUBLIC BENEFIT CORPORATION
DETERMINE THAT A HUMAN HEALTH EMERGENCY WARRANTS THE USE OF A  PESTICIDE
THAT WOULD OTHERWISE NOT BE ALLOWED UNDER THIS TITLE, IT MAY APPLY FOR A
SINGLE-USE  WAIVER  FROM  THE  DEPARTMENT  OF  HEALTH. THE DEPARTMENT OF
HEALTH SHALL DETERMINE IF SUCH  A  WAIVER  IS  WARRANTED  BASED  ON  THE
FOLLOWING CRITERIA:
  (A) THE PEST SITUATION POSES AN IMMEDIATE THREAT TO HUMAN HEALTH; AND

S. 42                               3

  (B)  VIABLE  ALTERNATIVES  DO NOT EXIST (SUCH A DETERMINATION SHALL BE
MADE IN CONSULTATION WITH  THE  CORNELL  COOPERATIVE  EXTENSION  SERVICE
INTEGRATED PEST MANAGEMENT PROGRAM).
  AS  A  CONDITION OF APPROVAL, THE DEPARTMENT OF HEALTH SHALL REQUIRE A
COMMITMENT FROM EVERY  STATE  DEPARTMENT,  AGENCY,  AND  PUBLIC  BENEFIT
CORPORATION  THAT  THE  UNDERLYING  CAUSES  OF THE PEST OUTBREAK WILL BE
ADDRESSED IN ORDER TO PREVENT FUTURE OUTBREAKS.
  7. THE FOLLOWING ACTIVITIES SHALL BE EXEMPT  FROM  THE  PROVISIONS  OF
THIS TITLE:
  (A)  PESTICIDES  USED  FOR AGRICULTURAL RESEARCH PURPOSES AT THE STATE
UNIVERSITY COLLEGE OF TECHNOLOGY AT ALFRED, THE STATE UNIVERSITY COLLEGE
OF TECHNOLOGY AT CANTON, THE STATE UNIVERSITY COLLEGE OF AGRICULTURE  AT
COBLESKILL,  THE  STATE  UNIVERSITY  COLLEGE OF TECHNOLOGY AT DELHI, THE
STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT FARMINGDALE, THE STATE UNIVER-
SITY COLLEGE OF AGRICULTURE AT MORRISVILLE, THE STATE UNIVERSITY COLLEGE
OF TECHNOLOGY AT UTICA/ROME, AND THE NEW YORK STATE  STATUTORY  COLLEGES
AT  CORNELL, INCLUDING THE AGRICULTURAL EXPERIMENT STATION AT GENEVA AND
ITS FIELD OFFICES.
  (B) THE USE OF ROTENONE AND  ASSOCIATED  RESINS  AS  A  PISCICIDE  FOR
PURPOSES  DIRECTLY RELATED TO THE RECLAMATION OF FRESHWATER WATER BODIES
TO PREPARE FOR THE REINTRODUCTION OF NATIVE SPECIES. WATER TREATED  WITH
ROTENONE SHALL NOT BE USED AS POTABLE WATER OR FOR IRRIGATION OF CROPS.
  S 3. This act shall take effect immediately.