S T A T E   O F   N E W   Y O R K
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                                  9890

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced   by   M.   of   A.  KAVANAGH,  ENGLEBRIGHT,  PEOPLES-STOKES,
  BROOK-KRASNY, DINOWITZ, JAFFEE, PAULIN, COLTON,  ROSENTHAL  --  Multi-
  Sponsored by -- M. of A. CUSICK, GOTTFRIED, LUPARDO, WEINSTEIN -- read
  once and referred to the Committee on Environmental 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.
  2. "ANTIMICROBIAL PESTICIDE" DOES NOT INCLUDE: (A) A WOOD PRESERVATIVE
OR ANTIFOULING PAINT PRODUCT FOR WHICH A CLAIM OF PESTICIDAL ACTIVITY IS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00246-03-4
              

A. 9890                             2

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 SIXTEEN, 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  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 SEVENTEEN, 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 EIGHTEEN, 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 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 SIXTEEN,  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 SIXTEEN 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
EIGHTEEN, 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
  (B) VIABLE ALTERNATIVES DO NOT EXIST (SUCH A  DETERMINATION  SHALL  BE
MADE  IN  CONSULTATION  WITH  THE  CORNELL COOPERATIVE EXTENSION SERVICE
INTEGRATED PEST MANAGEMENT PROGRAM).

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  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.