S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    441
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, GALEF, ENGLEBRIGHT, QUART, ZEBROWSKI,
   COOK, ABINANTI, ROSENTHAL, COLTON,  WEPRIN,  OTIS,  DINOWITZ,  THIELE,
   HARRIS,  SEPULVEDA -- Multi-Sponsored by -- M. of A. GOTTFRIED, LUPAR-
   DO, PERRY, RIVERA -- read once and referred to the Committee on Health
 
 AN ACT to amend the public health law and the environmental conservation
   law, in relation to prohibiting the use of  pesticides  at  children's
   overnight or summer day camp
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1396 of the public health law is renumbered section
 1397 and a new section 1396 is added to read as follows:
   § 1396. PESTICIDE  ALTERNATIVES.  1.  FOR  PURPOSES  OF  THIS  SECTION
 "PESTICIDE"  SHALL  HAVE  THE  SAME  MEANING AS SET FORTH IN SUBDIVISION
 THIRTY-FIVE OF SECTION 33-0101 OF THE  ENVIRONMENTAL  CONSERVATION  LAW,
 PROVIDED HOWEVER THAT IT SHALL NOT INCLUDE:
   (A)  THE  APPLICATION  OF ANTI-MICROBIAL PESTICIDES AND ANTI-MICROBIAL
 PRODUCTS AS DEFINED BY FIFRA IN 7 U.S.C. SECTION 136 (MM) AND 136 Q  (H)
 (2);
   (B) 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;
   (C)  THE USE OF NON-VOLATILE INSECT OR RODENT BAIT IN A TAMPER RESIST-
 ANT CONTAINER;
   (D) THE APPLICATION OF A PESTICIDE CLASSIFIED  BY  THE  UNITED  STATES
 ENVIRONMENTAL  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART
 152.25;
   (E) THE USE OF BORIC ACID AND DISODIUM OCTABORATE TETRAHYDRATE; OR
   (F) THE USE OF  HORTICULTURAL  SOAP  AND  OILS  THAT  DO  NOT  CONTAIN
 SYNTHETIC PESTICIDES OR SYNERGISTS.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01068-01-7
              

 A. 441                              2
 
   2.  NO  CAMP  DEFINED  IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN
 HUNDRED NINETY-TWO OF THIS ARTICLE SHALL APPLY PESTICIDE  TO  ANY  PLAY-
 GROUNDS,  TURF,  ATHLETIC OR PLAYING FIELDS, OTHER THAN THOSE ON PUBLIC-
 LY-OWNED OR PUBLICLY-LEASED PROPERTY IN A CITY OF MORE THAN ONE MILLION,
 EXCEPT  THAT  AN  EMERGENCY  APPLICATION  OF  A PESTICIDE MAY BE MADE AS
 DETERMINED BY THE COUNTY HEALTH DEPARTMENT OR FOR A COUNTY NOT HAVING  A
 HEALTH DEPARTMENT, SUCH AUTHORITY AS THE COUNTY LEGISLATURE SHALL DESIG-
 NATE,  THE  COMMISSIONER  OR  HIS OR HER DESIGNEE OR THE COMMISSIONER OF
 ENVIRONMENTAL CONSERVATION OR HIS OR HER DESIGNEE.
   3. THE COMMISSIONER SHALL HAVE THE POWER TO EXEMPT FROM  THIS  SECTION
 ANY CAMP DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION THIRTEEN HUNDRED
 NINETY-TWO  OF  THIS ARTICLE TO THE EXTENT THAT IT IS NOT PRACTICABLE TO
 USE PESTICIDE  ALTERNATIVES  AS  DEFINED  IN  SUBDIVISION  ONE  OF  THIS
 SECTION.
   §  2.  Subdivision 7 of section 33-0303 of the environmental conserva-
 tion law, as added by chapter 85 of the laws of 2010, is amended to read
 as follows:
   7. The commissioner, in consultation with the commissioner  of  educa-
 tion and the commissioner of health, shall develop guidance on pesticide
 alternatives  to  facilitate compliance with section four hundred nine-k
 of the education  law  [and],  three  hundred  ninety-g  of  the  social
 services law AND THIRTEEN HUNDRED NINETY-SIX OF THE PUBLIC HEALTH LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law.   Effective immediately the department of
 health and the department of environmental conservation  may  promulgate
 any  rule  or regulation necessary for the timely implementation of this
 act on its effective date.