S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  528--A
                                                          Cal. No. 94
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. PAULIN, GALEF, ENGLEBRIGHT, QUART, ZEBROWSKI,
   COOK, ABINANTI, L. ROSENTHAL, COLTON, WEPRIN, OTIS, DINOWITZ,  THIELE,
   SIMON, GOTTFRIED, LUPARDO, PERRY, FERNANDEZ, GRIFFIN, STECK, JACOBSON,
   CARROLL,  SEAWRIGHT,  REYES, BARRON, KELLES, ZINERMAN, JACKSON -- read
   once and referred to the Committee on Health -- reported and  referred
   to  the  Committee  on Codes -- reported from committee, advanced to a
   third reading, amended and ordered reprinted, retaining its  place  on
   the order of third reading
 
 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;

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

                                                            LBD01974-04-1

 A. 528--A                           2
 
   (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, OR CHILDREN'S NON-REGULATED CAMP
 DEFINED IN SECTION THREE HUNDRED NINETY-EIGHT-F OF THE GENERAL  BUSINESS
 LAW,  SHALL  APPLY  PESTICIDE  TO  ANY  PLAYGROUNDS, ATHLETIC OR PLAYING
 FIELDS, OTHER THAN THOSE ON PUBLICLY-OWNED OR  PUBLICLY-LEASED  PROPERTY
 IN A CITY OF MORE THAN ONE MILLION, EXCEPT THAT: (A) AN EMERGENCY APPLI-
 CATION  OF A PESTICIDE MAY BE MADE BY A CAMP DEFINED IN SUBDIVISIONS ONE
 AND TWO OF SECTION THIRTEEN HUNDRED NINETY-TWO OF THIS ARTICLE AS DETER-
 MINED BY THE COUNTY HEALTH DEPARTMENT  OR  FOR  A  COUNTY  SERVED  BY  A
 DISTRICT OFFICE OF THE DEPARTMENT OF HEALTH, SUCH AUTHORITY AS THE COUN-
 TY LEGISLATURE SHALL DESIGNATE, THE COMMISSIONER OR HIS OR HER DESIGNEE;
 AND  (B)  AN EMERGENCY APPLICATION OF A PESTICIDE MAY BE MADE BY A CHIL-
 DREN'S   NON-REGULATED   CAMP   DEFINED   IN   SECTION   THREE   HUNDRED
 NINETY-EIGHT-F  OF THE GENERAL BUSINESS LAW AS DETERMINED BY THE COMMIS-
 SIONER OR HIS OR HER DESIGNEE.  IF A RESPONSE TO A REQUEST FOR AN  EMER-
 GENCY  APPLICATION OF PESTICIDE IS NOT RECEIVED BY A CAMP WITHIN TWENTY-
 FOUR HOURS, SUCH CAMP MAY CONTRACT WITH A PESTICIDE APPLICATOR CERTIFIED
 UNDER SECTION 33-0905 OF THE ENVIRONMENTAL CONSERVATION LAW FOR A SINGLE
 APPLICATION OF PESTICIDE, PROVIDED THAT THE CAMP SUBMIT DOCUMENTATION OF
 THE EMERGENCY PESTICIDE APPLICATION TO THE COUNTY HEALTH  DEPARTMENT  OR
 THE   COMMISSIONER  IMMEDIATELY  THEREAFTER.  SUCH  DOCUMENTATION  SHALL
 INCLUDE AN EXPLANATION OF THE EMERGENCY, THE  DATE  ON  WHICH  THE  CAMP
 REQUESTED  APPROVAL  FOR AN EMERGENCY APPLICATION OF PESTICIDE, THE DATE
 AND TIME THE PESTICIDE WAS APPLIED, THE PESTICIDE OR PESTICIDES APPLIED,
 AND THE NAME OF THE  CERTIFIED  PESTICIDE  APPLICATOR  WHO  APPLIED  THE
 PESTICIDE.
   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 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 on or
 before such effective date.