S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    429
 
                        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 Tourism, Parks, Arts and Sports Development
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00576-01-1

 A. 429                              2
 
 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
 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.