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

                                  5685

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2015
                               ___________

Introduced   by   M.   of   A.  KAVANAGH,  ENGLEBRIGHT,  PEOPLES-STOKES,
  BROOK-KRASNY, DINOWITZ, JAFFEE, PAULIN, COLTON,  ROSENTHAL,  ROZIC  --
  Multi-Sponsored  by -- M. of A. CUSICK, GOTTFRIED, LUPARDO, SOLAGES --
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00997-03-5
              

A. 5685                             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 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:
  (A) THE PEST SITUATION POSES AN IMMEDIATE THREAT TO HUMAN HEALTH; AND

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  (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.