S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4265
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by M. of A. KAVANAGH, ENGLEBRIGHT, PEOPLES-STOKES, 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.
   § 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.
 § 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.
              

                                                            LBD00502-01-7

 A. 4265                             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.
 § 33-0803. PHASE-OUT OF STATE USE OF PESTICIDES.
   1.  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 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 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  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-ONE, 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 NINETEEN, 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 NINETEEN 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-ONE,  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

 A. 4265                             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.
   § 3. This act shall take effect immediately.