NY State Senate Bill 2017-S8477A

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2018	print number 8477a
May 24, 2018	amend and recommit to cultural affairs, tourism, parks and recreation
May 08, 2018	referred to cultural affairs, tourism, parks and recreation

Bill Amendments

Original

A (Active)

2017-S8477 - Details

See Assembly Version of this Bill:: A10879
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §29.17, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3571, A1299
2021-2022: S1422, A429
2023-2024: S805, A1861

2017-S8477 - Summary

Requires the department of environmental conservation and the department of health to establish certain standards related to the cleaning of playground equipment after pesticide exposure.

2017-S8477 - Sponsor Memo

                                
 
BILL NUMBER: S8477

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, in
relation to the cleaning of playground equipment after pesticide expo-
sure

 
PURPOSE:

To ensure playgrounds in state and municipal parks are cleaned following
pesticide applications.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 29.17 to the Parks, Recreation, and Histor-
ic Preservation Law to state that all playground equipment shall be
cleaned within 24 hours of pesticide applications that are less than the
minimum prescribed distance from the equipment. The Department of Health
and the Department of Environmental Conservation would be charged with

setting the minimum distance as well as method for cleaning.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The Environmental Protection Agency reported that long-term, low-dose
exposure to pesticides can create risks for children over time. These
side effects can include behavioral changes, organ damage, forms of
cancer, and asthma symptoms. When pesticides are sprayed on or near
playground equipment, the residue can coat the surface. Children then
are touching and interacting with the playground equipment which exposes
them to the chemicals.

Public playgrounds are intended to be safe places for children to enjoy
the outdoors while allowing for cognitive, physical, and social develop-
ment. Many children regularly attend their local playground, putting
them at an unnecessary risk for long-term exposure.

Under existing law, schools are prohibited from spraying pesticides on
playgrounds, turf, or athletic fields. The Department of Environmental
Conservation discusses this measure on their website, noting that chil-
dren are more vulnerable to the effects of the toxic effects of many
pesticides and chemicals.

 
LEGISLATIVE HISTORY:

New bill.

 
LEGISLATIVE HISTORY:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

2017-S8477 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8477
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and Recreation
 
 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
 APPLICATION.  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AND  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD15784-01-8

 S. 8477                             2
 
 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.
   § 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.

2017-S8477A (ACTIVE) - Details

See Assembly Version of this Bill:: A10879
Current Committee:: Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §29.17, Pks & Rec L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3571, A1299
2021-2022: S1422, A429
2023-2024: S805, A1861

2017-S8477A (ACTIVE) - Summary

Requires the department of environmental conservation and the department of health to establish certain standards related to the cleaning of playground equipment after pesticide exposure.

2017-S8477A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8477A

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the parks, recreation and historic preservation law, in
relation to the cleaning of playground equipment after pesticide expo-
sure

 
PURPOSE:

To ensure playgrounds in state and municipal parks are cleaned following
pesticide applications.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 29.17 to the Parks, Recreation, and Histor-
ic Preservation Law to state that all playground equipment shall be
cleaned within 24 hours of pesticide applications that are less than the
minimum prescribed distance from the equipment. The Department of Health
and the Department of Environmental Conservation would be charged with

setting the minimum distance as well as method for cleaning.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

The Environmental Protection Agency reported that long-term, low-dose
exposure to pesticides can create risks for children over time. These
side effects can include behavioral changes, organ damage, forms of
cancer, and asthma symptoms. When pesticides are sprayed on or near
playground equipment, the residue can coat the surface. Children then
are touching and interacting with the playground equipment which exposes
them to the chemicals.

Public playgrounds are intended to be safe places for children to enjoy
the outdoors while allowing for cognitive, physical, and social develop-
ment. Many children regularly attend their local playground, putting
them at an unnecessary risk for long-term exposure.

Under existing law, schools are prohibited from spraying pesticides on
playgrounds, turf, or athletic fields. The Department of Environmental
Conservation discusses this measure on their website, noting that chil-
dren are more vulnerable to the effects of the toxic effects of many
pesticides and chemicals.

 
LEGISLATIVE HISTORY:

New bill.

 
LEGISLATIVE HISTORY:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.

2017-S8477A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8477--A
 
                             I N  S E N A T E
 
                                May 8, 2018
                                ___________
 
 Introduced  by  Sen. SERRANO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Cultural Affairs, Tourism,
   Parks and Recreation -- 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.
                                                            LBD15784-02-8

 S. 8477--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.

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Senate Bill S8477A

Sponsored By

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Bill Amendments

2017-S8477 - Details

2017-S8477 - Summary

2017-S8477 - Sponsor Memo

2017-S8477 - Bill Text download pdf

2017-S8477A (ACTIVE) - Details

2017-S8477A (ACTIVE) - Summary

2017-S8477A (ACTIVE) - Sponsor Memo

2017-S8477A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8477A

Share this bill

Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Cultural Affairs, Tourism, Parks And Recreation Committee

Bill Amendments

2017-S8477 - Details

2017-S8477 - Summary

2017-S8477 - Sponsor Memo

2017-S8477 - Bill Text download pdf

2017-S8477A (ACTIVE) - Details

2017-S8477A (ACTIVE) - Summary

2017-S8477A (ACTIVE) - Sponsor Memo

2017-S8477A (ACTIVE) - Bill Text download pdf

Comments