S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1371
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2017
                                ___________
 
 Introduced  by Sens. CARLUCCI, AVELLA, HOYLMAN, SAVINO -- read twice and
   ordered printed, and when printed to be committed 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.
   2. NO CAMP DEFINED IN SUBDIVISIONS ONE AND  TWO  OF  SECTION  THIRTEEN
 HUNDRED  NINETY-TWO  OF  THIS ARTICLE SHALL APPLY PESTICIDE TO ANY PLAY-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01068-01-7

 S. 1371                             2
 
 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.