S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    311
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  nonemergency  application  of pesticide or lawn care
   pesticide within any municipal park lands and lands under  the  juris-
   diction  of the state office of parks, recreation and historic preser-
   vation and requiring notice of pesticide application
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 37-0119 to read as follows:
 § 37-0119. PROHIBITION OF NONEMERGENCY APPLICATION OF PESTICIDE OR  LAWN
              CARE PESTICIDE.
   1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY, CORPORATION, MUNICIPALITY OR GOVERNMENT ENTITY SHALL ALLOW OR IMPLE-
 MENT THE NONEMERGENCY APPLICATION OF PESTICIDE OR LAWN CARE PESTICIDE IN
 ANY  MUNICIPAL  PARK LANDS AND LANDS UNDER THE JURISDICTION OF THE STATE
 OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.
   2. PRIOR TO ANY APPLICATION OF PESTICIDE OR LAWN CARE  PESTICIDE,  THE
 OFFICE  SHALL  PROVIDE PUBLIC NOTICE AT LEAST SEVENTY-TWO HOURS PRIOR TO
 SUCH APPLICATION. SUCH PUBLIC NOTICE SHALL REMAIN POSTED ON THE  PREMISE
 AND  ON  ANY  INTERNET  WEB  SITE OPERATED BY THE OFFICE FOR SEVENTY-TWO
 HOURS.
   3. FOR THE PURPOSES OF THIS SECTION:
   (A) "PESTICIDE" MEANS A FUNGICIDE USED ON PLANTS,  AN  INSECTICIDE,  A
 HERBICIDE OR A RODENTICIDE, BUT DOES NOT MEAN A SANITIZER, DISINFECTANT,
 ANTIMICROBIAL AGENT OR PESTICIDE BAIT IN A TAMPER RESISTANT CONTAINER;
   (B)  "LAWN  CARE PESTICIDE" MEANS A PESTICIDE REGISTERED BY THE UNITED
 STATES ENVIRONMENTAL PROTECTION  AGENCY  AND  LABELED  PURSUANT  TO  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00467-01-1

 A. 311                              2
 
 FEDERAL  INSECTICIDE,  FUNGICIDE  AND  RODENTICIDE  ACT FOR USE IN LAWN,
 GARDEN AND ORNAMENTAL SITES OR AREAS, BUT SHALL NOT INCLUDE ANY:
   (1)  MICROBIAL  PESTICIDE  OR BIOCHEMICAL PESTICIDE THAT IS REGISTERED
 WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; OR
   (2)  A  PESTICIDE  CLASSIFIED  BY  THE  UNITED  STATES   ENVIRONMENTAL
 PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR 152.25;
   (C)  "MICROBIAL  PESTICIDE"  MEANS  A  PESTICIDE  THAT  CONSISTS  OF A
 MICROORGANISM AS THE ACTIVE INGREDIENT; AND
   (D) "BIOCHEMICAL PESTICIDE" MEANS A NATURALLY OCCURRING SUBSTANCE THAT
 CONTROLS PESTS BY NONTOXIC MECHANISMS.
   4. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  SUCH  RULES  AND  REGU-
 LATIONS  AS  IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
 SECTION.
   § 2. This act shall take effect immediately.