S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10879--A
 
                           I N  A S S E M B L Y
 
                               May 25, 2018
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Tourism, Parks, Arts and Sports Development --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the parks, recreation and historic preservation law, in
   relation to the cleaning of playground equipment after pesticide expo-
   sure

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  parks,  recreation  and historic preservation law is
 amended by adding a new section 29.17 to read as follows:
   § 29.17 CLEANING OF PLAYGROUND EQUIPMENT AFTER PESTICIDE EXPOSURE.  1.
 AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS HAVE THE FOLLOWING MEAN-
 INGS:
   (A) "MUNICIPALITY" SHALL MEAN A CITY, COUNTY, TOWN OR VILLAGE,  OR  AN
 IMPROVEMENT  DISTRICT  WITHIN  A  CITY,  COUNTY,  TOWN OR VILLAGE OR ANY
 COMBINATION THEREOF.
   (B) "OFFICE" SHALL MEAN THE STATE  OFFICE  OF  PARKS,  RECREATION  AND
 HISTORIC PRESERVATION.
   (C)  "PARK PLAYGROUND EQUIPMENT" SHALL MEAN PLAYGROUND EQUIPMENT WHICH
 IS LOCATED WITHIN A PLAYGROUND OPERATED BY ANY MUNICIPALITY OR OFFICE.
   (D) "PESTICIDE" SHALL HAVE THE SAME MEANING AS IN SUBDIVISION  THIRTY-
 FIVE OF SECTION 33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   2.  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN CONSULTATION WITH
 THE DEPARTMENT OF HEALTH SHALL ESTABLISH THE  MINIMUM  DISTANCE  BETWEEN
 PLAYGROUND  EQUIPMENT  AND  THE  SPRAYING  OF  A PESTICIDE AT WHICH SUCH
 EQUIPMENT WILL NOT BE EXPOSED TO SUCH PESTICIDES.
   3. FOLLOWING THE SPRAYING OF ANY PESTICIDE BY  OR  ON  BEHALF  OF  ANY
 MUNICIPALITY  OR OFFICE, THE MUNICIPALITY OR OFFICE SHALL CLEAN ALL PARK
 PLAYGROUND EQUIPMENT LOCATED LESS THAN THE MINIMUM DISTANCE  ESTABLISHED
 BY  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION AND THE DEPARTMENT OF
 HEALTH. THE MUNICIPALITY OR OFFICE SHALL MAKE  A  REASONABLE  EFFORT  TO
 CLEAN  THE  EQUIPMENT  IMMEDIATELY  FOLLOWING PESTICIDE APPLICATION, BUT
 SHALL BE REQUIRED TO CLEAN THE EQUIPMENT WITHIN TWENTY-FOUR HOURS OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15784-03-8

 A. 10879--A                         2
 
 APPLICATION.  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AND  THE
 DEPARTMENT  OF  HEALTH  SHALL  ESTABLISH  THE BEST PRACTICE FOR CLEANING
 PLAYGROUND EQUIPMENT TO REMOVE PESTICIDE RESIDUE.
   4.  FOR  PURPOSES OF THIS SECTION THE USE OF AN AEROSOL PRODUCT WITH A
 DIRECTED SPRAY, IN CONTAINERS OF EIGHTEEN FLUID  OUNCES  OR  LESS,  WHEN
 USED  TO  PROTECT  INDIVIDUALS FROM AN IMMINENT THREAT FROM STINGING AND
 BITING INSECTS INCLUDING VENOMOUS SPIDERS,  BEES,  WASPS,  AND  HORNETS,
 SHALL  BE  EXEMPT.  THIS  SECTION SHALL NOT EXEMPT THE USE OF ANY FOGGER
 PRODUCT OR AEROSOL PRODUCT THAT DISCHARGES TO A WIDE AREA.
   5. NOTHING CONTAINED IN THIS SECTION SHALL BE  CONSTRUED  TO  RESTRICT
 THE  POWER  OF  A CITY WITH A POPULATION OF ONE MILLION OR MORE TO ADOPT
 AND ENFORCE LOCAL LAWS THAT COMPLY WITH AT LEAST THE MINIMUM  APPLICABLE
 STANDARDS SET FORTH IN THIS SECTION.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.