NY State Senate Bill 2015-S158B

Senate Bill S158B

2015-2016 Legislative Session

Provides for the phase-out of state use of pesticides on state property and for state agency pest management plans

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
Apr 29, 2016	print number 158b
Apr 29, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
Jan 23, 2015	print number 158a
Jan 23, 2015	amend and recommit to environmental conservation
Jan 07, 2015	referred to environmental conservation

Bill Amendments

Original

B (Active)

2015-S158 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 33 Title 8 §§33-0801 & 33-0803, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4043
2011-2012: S42
2013-2014: S191
2017-2018: S154, S7081
2019-2020: S2358
2021-2022: S3118
2023-2024: S665

2015-S158 - Summary

Provides for the phase-out on varying time schedules of state use of various categories of pesticides on state property; provides that it does not apply to certain antimicrobial pesticides; requires the department of environmental conservation to adopt a pest management plan for every state department, agency, and public benefit corporation; provides for waivers and exemptions.

2015-S158 - Sponsor Memo

                                 BILL NUMBER:  S158

 TITLE OF BILL :  An act to amend the environmental conservation law,
in relation to the phase-out of state use of pesticides

 PURPOSE :

To implement a policy that will discontinue the use of pesticides by
the state and adopt a pest control policy that substantially relies on
non-chemical pest control policies.

 SUMMARY OF PROVISIONS :

This bill will create a three level phase-out of pesticide use by
agencies of the State of New York. During the first phase of this
bill, no agency in New York State will be allowed to apply any
pesticide classified as a Toxicity Category I by the United States
Environmental Protection Agency (USEPA) or any pesticide classified as
a known, likely, or probable human carcinogen by the USEPA on or after
January 1, 2018.

The second phase of this bill prohibits the use of any pesticide by
state agencies identified as a Toxicity Category II pesticide, a
possible human carcinogen, by the USEPA or any pesticide classified as
restricted use by the USEPA or New York State Department of
Environmental Conservation (NYSDEC) on or after January 1, 2019. The

third phase of this bill will prohibit the use of a pesticide by state
agencies on or after January 1, 2020 however the following categories
are exempted from these provisions;

1. Pesticides used to maintain safe drinking water;

2. Antimicrobials;

3. Pesticides contained in rodent control baits; or

4. Pesticides which the USEPA has classified as exempt materials.

This bill also requires the development of a comprehensive pest
management plan by NYSDEC which will include methods to address pest
population monitoring, a list of least toxic pesticides for use and a
list of non-chemical pest control strategies.  The bill gives the
state leeway to suspend the provisions of this bill in the event of a
human emergency. In the event that the NYSDEC determines that the use
of a pesticide is warranted for human health reasons, it may apply to
the Commissioner of Health for a suspension of the pesticide plan. The
Commissioner of Health may determine that the use of a pesticide is
necessary if:

1. The pest situation poses an immediate threat to human health; and

2. Viable alternatives consistent with the comprehensive pest control
plan do not exist.

As a condition of approval, the commissioner of Health is charged to
require a commitment from NYSDEC that the underlying causes of the
pest outbreak will be addressed in order to prevent future outbreaks.
In addition, the bill lists exemptions to the pesticide phase-out:

1. Pesticides use for agriculture research.

2. Rotenone and associated resins used for reclamation of water
bodies.

 JUSTIFICATION :

Pesticides are toxic substances, many of which have adverse health
effects. New York state agencies and authorities and their contractors
use pesticides that are known to contaminate ground and surface water,
cause reproductive or developmental defects, mutagenic effects, and
are often toxic and/or carcinogenic to humans.  The pesticides used
pose hazards to the citizens of the State, to persons under state
care, to State employees and to the environment by polluting streams,
contaminating ground and surface water and by killing wildlife (due to
spraying and uncontrolled runoff).

An approach to pest management that relies on a combination of
biological, chemical, cultural and mechanical practices to manage
populations by the State is both possible and desirable. A large
segment of the agricultural community has been using such practices
for years. Restriction of the use of pesticides by the State will not
only mitigate the harmful environmental and health effects of these
chemicals but may also produce possible cost savings due to the
reduction of pesticide use.

 LEGISLATIVE HISTORY :

2013-2014: S191/A9890 - REFERRED TO ENVIRONMENTAL CONSERVATION
2011-2012: S42 - REFERRED TO ENVIRONMENTAL CONSERVATION
2009-2010: S4043/A5848 - REFERRED TO ENVIRONMENTAL CONSERVATION/passed
assembly

 FISCAL IMPLICATIONS :

Possible cost savings to the state from decreased use.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S158 - Bill Text download pdf

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

                                   158

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sen. SQUADRON -- 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, 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.
                                                           LBD00997-01-5

S. 158                              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 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 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 NINETEEN,  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 TWENTY, 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 EIGHTEEN, 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 EIGHTEEN 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
TWENTY, 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. 158                              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.

co-Sponsors

2015-S158A - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 33 Title 8 §§33-0801 & 33-0803, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4043
2011-2012: S42
2013-2014: S191
2017-2018: S154, S7081
2019-2020: S2358
2021-2022: S3118
2023-2024: S665

2015-S158A - Summary

2015-S158A - Sponsor Memo

                                BILL NUMBER:S158A

TITLE OF BILL:

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

PURPOSE:

To implement a policy that will discontinue the use of pesticides by
the state and adopt a pest control policy that substantially relies on
non-chemical pest control policies.

SUMMARY OF PROVISIONS:

This bill will create a three level phase-out of pesticide use by
agencies of the State of New York. During the first phase of this
bill, no agency in New York State will be allowed to apply any
pesticide classified as a Toxicity Category I by the United States
Environmental Protection Agency (USEPA) or any pesticide classified as
a known, likely, or probable human carcinogen by the USEPA on or after
January 1, 2017.

The second phase of this bill prohibits the use of any pesticide by
state agencies identified as a Toxicity Category II pesticide, a
possible human carcinogen, by the USEPA or any pesticide classified as

restricted use by the USEPA or New York State Department of
Environmental Conservation (NYSDEC) on or after January 1, 2018. The
third phase of this bill will prohibit the use of a pesticide by state
agencies on or after January 1, 2019 however the following categories
are exempted from these provisions;

1. Pesticides used to maintain safe drinking water;

2. Antimicrobials;

3. pesticides contained in rodent control baits; or

4. Pesticides which the USEPA has classified as exempt materials.

This bill also requires the development of a comprehensive pest
management plan by NYSDEC which will include methods to address pest
population monitoring, a list of least toxic pesticides for use and a
list of non-chemical pest control strategies.

The bill gives the state leeway to suspend the provisions of this bill
in the event of a human emergency. In the event that the NYSDEC
determines that the use of a pesticide is warranted for human health
reasons, it may apply to the Commissioner of Health for a suspension
of the pesticide plan. The Commissioner of Health may determine that
the use of a pesticide is necessary if:

1. The pest situation poses an immediate threat to human health; and

2. Viable alternatives consistent with the comprehensive pest control
plan do not exist.


As a condition of approval, the commissioner of Health is charged to
require a commitment from NYSDEC that the underlying causes of the
pest outbreak will be addressed in order to prevent future outbreaks.
In addition, the bill lists exemptions to the pesticide phase-out:

1. Pesticides use for agriculture research.

2. Rotenone and associated resins used for reclamation of water
bodies.

JUSTIFICATION:

Pesticides are toxic substances, many of which have adverse health
effects. New York state agencies and authorities and their contractors
use pesticides that are known to contaminate ground and surface water,
cause reproductive or developmental defects, mutagenic effects, and
are often toxic and/or carcinogenic to humans.  The pesticides used
pose hazards to the citizens of the State, to persons under state
care, to State employees and to the environment by polluting streams,
contaminating ground and surface water and by killing wildlife (due to
spraying and uncontrolled runoff).

An approach to pest management that relies on a combination of
biological, chemical, cultural and mechanical practices to manage
populations by the State is both possible and desirable. A large
segment of the agricultural community has been using such practices
for years. Restriction of the use of pesticides by the State will not
only mitigate the harmful environmental and health effects of these
chemicals but may also produce possible cost savings due to the
reduction of pesticide use.

LEGISLATIVE HISTORY:
2013-2014: S191/A9890 - REFERRED TO ENVIRONMENTAL CONSERVATION
2011-2012: S42 - REFERRED TO ENVIRONMENTAL CONSERVATION
2009-2010: S4043/A5848 - REFERRED TO ENVIRONMENTAL CONSERVATION/passed
assembly

FISCAL IMPLICATIONS:

Possible cost savings to the state from decreased use.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S158A - Bill Text download pdf

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

                                 158--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced by Sens. SQUADRON, HOYLMAN -- read twice and ordered printed,
  and  when  printed  to  be committed to the Committee on Environmental
  Conservation -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00997-02-5

S. 158--A                           2

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
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 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 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 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 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 NINETEEN,  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 SEVENTEEN, 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  SEVENTEEN  AND  SHALL  BE  CONSISTENT  WITH  THE
PROVISIONS OF THIS TITLE. SUCH PLAN SHALL ADDRESS PEST POPULATION  MONI-
TORING, LEAST-TOXIC PESTICIDES FOR USE PRIOR TO JANUARY FIRST, TWO THOU-
SAND  NINETEEN,  AND  NON-CHEMICAL PEST CONTROL STRATEGIES FOR USE AFTER
SUCH DATE, WHICH WILL EFFECTIVELY MANAGE PEST PROBLEMS IN  A  COMPREHEN-
SIVE 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:

S. 158--A                           3

  (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).
  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.

co-Sponsors

2015-S158B (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 33 Title 8 §§33-0801 & 33-0803, En Con L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S4043
2011-2012: S42
2013-2014: S191
2017-2018: S154, S7081
2019-2020: S2358
2021-2022: S3118
2023-2024: S665

2015-S158B (ACTIVE) - Summary

2015-S158B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S158B

 TITLE OF BILL :

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

 PURPOSE :

To implement a policy that will discontinue the use of pesticides by
the state and adopt a pest control policy that substantially relies on
non-chemical pest control policies.

 SUMMARY OF PROVISIONS :

This bill will create a three level phase-out of pesticide use by
agencies of the State of New York. During the first phase of this
bill, no agency in New York State will be allowed to apply any
pesticide classified as a Toxicity Category I by the United States
Environmental Protection Agency (USEPA) or any pesticide classified as
a known, likely, or probable human carcinogen by the USEPA on or after
January 1, 2018.

The second phase of this bill prohibits the use of any pesticide by
state agencies identified as a Toxicity Category II pesticide, a
possible human carcinogen, by the USEPA or any pesticide classified as

restricted use by the USEPA or New York State Department of
Environmental Conservation (NYSDEC) on or after January 1, 2019. The
third phase of this bill will prohibit the use of a pesticide by state
agencies on or after January 1, 2020 however the following categories
are exempted from these provisions;

1. Pesticides used to maintain safe drinking water;

2. Antimicrobials;

3. pesticides contained in rodent control baits; or

4. Pesticides which the USEPA has classified as exempt materials.

This bill also requires the development of a comprehensive pest
management plan by NYSDEC which will include methods to address pest
population monitoring, a list of least toxic pesticides for use and a
list of non-chemical pest control strategies.

The bill gives the state leeway to suspend the provisions of this bill
in the event of a human emergency. In the event that the NYSDEC
determines that the use of a pesticide is warranted for human health
reasons, it may apply to the Commissioner of Health for a suspension
of the pesticide plan. The Commissioner of Health may determine that
the use of a pesticide is necessary if:

1. The pest situation poses an immediate threat to human health; and

2. Viable alternatives consistent with the comprehensive pest control
plan do not exist.

As a condition of approval, the commissioner of Health is charged to
require a commitment from NYSDEC that the underlying causes of the
pest outbreak will be addressed in order to prevent future outbreaks.
In addition, the bill lists exemptions to the pesticide phase-out:

1. Pesticides use for agriculture research.

2. Rotenone and associated resins used for reclamation of water
bodies.
 JUSTIFICATION :

Pesticides are toxic substances, many of which have adverse health
effects. New York state agencies and authorities and their contractors
use pesticides that are known to contaminate ground and surface water,
cause reproductive or developmental defects, mutagenic effects, and
are often toxic and/or carcinogenic to humans. The pesticides used
pose hazards to the citizens of the State, to persons under state
care, to State employees and to the environment by polluting streams,
contaminating ground and surface water and by killing wildlife (due to
spraying and uncontrolled runoff).

An approach to pest management that relies on a combination of
biological, chemical, cultural and mechanical practices to manage
populations by the State is both possible and desirable. A large
segment of the agricultural community has been using such practices
for years. Restriction of the use of pesticides by the State will not
only mitigate the harmful environmental and health effects of these
chemicals but may also produce possible cost savings due to the
reduction of pesticide use.

 LEGISLATIVE HISTORY :

2013-2014: S191/A9890 - REFERRED TO ENVIRONMENTAL CONSERVATION
2011-2012: S42 - REFERRED TO ENVIRONMENTAL CONSERVATION
2009-2010: S4043/A5848 - REFERRED TO ENVIRONMENTAL CONSERVATION/passed
assembly

 FISCAL IMPLICATIONS :

Possible cost savings to the state from decreased use.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S158B (ACTIVE) - Bill Text download pdf

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

                                 158--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  SQUADRON, HASSELL-THOMPSON, HOYLMAN -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Environmental Conservation -- committee discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  recommitted to the Committee on Environmental Conservation in  accord-
  ance 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, 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

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

                                                           LBD00997-04-6

S. 158--B                           2

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
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 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 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 NINETEEN,  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 TWENTY, 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 EIGHTEEN, 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 EIGHTEEN 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
TWENTY, 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

S. 158--B                           3

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).
  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.

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Senate Bill S158B

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Sponsored By

Daniel L. Squadron

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

Bill Amendments

2015-S158 - Details

2015-S158 - Summary

2015-S158 - Sponsor Memo

2015-S158 - Bill Text download pdf

co-Sponsors

Ruth Hassell-Thompson

Brad Hoylman-Sigal

2015-S158A - Details

2015-S158A - Summary

2015-S158A - Sponsor Memo

2015-S158A - Bill Text download pdf

co-Sponsors

Ruth Hassell-Thompson

Brad Hoylman-Sigal

2015-S158B (ACTIVE) - Details

2015-S158B (ACTIVE) - Summary

2015-S158B (ACTIVE) - Sponsor Memo

2015-S158B (ACTIVE) - Bill Text download pdf

Comments