S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8199
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   phase-out of state use of pesticides
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  findings. The legislature finds and declares
 that pesticides are linked to a number of acute and chronic health prob-
 lems and that it is therefore the  policy  of  the  state  to  phase-out
 pesticide  use  by  the government for many pest control purposes and to
 adopt a pest control policy that substantially  relies  on  non-chemical
 pest control strategies.
   §  2.  Article  33 of the environmental conservation law is amended by
 adding a new title 8 to read as follows:
                                  TITLE 8
                            PHASE-OUT OF STATE
                             USE OF PESTICIDES
 SECTION 33-0801. DEFINITIONS.
         33-0803. PHASE-OUT OF STATE USE OF PESTICIDES.
 § 33-0801. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "ANTIMICROBIAL PESTICIDE" MEANS A PESTICIDE THAT:  (A) IS  INTENDED
 TO  DISINFECT,  SANITIZE,  REDUCE,  OR MITIGATE GROWTH OR DEVELOPMENT OF
 MICROBIOLOGICAL ORGANISMS; (B) IS INTENDED TO PROTECT INANIMATE OBJECTS,
 INDUSTRIAL PROCESSES OR SYSTEMS,  SURFACES,  WATER,  OR  OTHER  CHEMICAL
 SUBSTANCES  FROM  CONTAMINATION,  FOULING,  OR  DETERIORATION  CAUSED BY
 BACTERIA, VIRUSES, FUNGI, PROTOZOA, ALGAE,  OR  SLIME;  OR  (C)  IN  THE
 INTENDED  USE,  IS  EXEMPT FROM OR OTHERWISE NOT SUBJECT TO, A TOLERANCE
 UNDER APPROPRIATE PROVISIONS OF FEDERAL LAW.
   2. "ANTIMICROBIAL PESTICIDE" DOES NOT INCLUDE: (A) A WOOD PRESERVATIVE
 OR ANTIFOULING PAINT PRODUCT FOR WHICH A CLAIM OF PESTICIDAL ACTIVITY IS

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

                                                            LBD03280-01-1

 A. 8199                             2
 
 MADE; (B) AN AGRICULTURAL FUNGICIDE PRODUCT; OR (C) AN AQUATIC HERBICIDE
 PRODUCT.
 § 33-0803. PHASE-OUT OF STATE USE OF PESTICIDES.
   1.  EFFECTIVE  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-THREE,  NO STATE
 DEPARTMENT, AGENCY, OR  PUBLIC  BENEFIT  CORPORATION  OR  ANY  PESTICIDE
 APPLICATOR  EMPLOYED  THEREBY  AS A CONTRACTOR OR SUBCONTRACTOR FOR PEST
 CONTROL PURPOSES, SHALL APPLY ON STATE PROPERTY ANY PESTICIDE CLASSIFIED
 AS TOXICITY CATEGORY I BY THE  UNITED  STATES  ENVIRONMENTAL  PROTECTION
 AGENCY,  OR  ANY  PESTICIDE  CLASSIFIED  AS A KNOWN, LIKELY, OR PROBABLE
 HUMAN CARCINOGEN BY THE UNITED STATES ENVIRONMENTAL  PROTECTION  AGENCY,
 EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION.
   2. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO STATE DEPART-
 MENT, AGENCY, OR PUBLIC BENEFIT CORPORATION, OR ANY PESTICIDE APPLICATOR
 EMPLOYED  THEREBY  AS  A  CONTRACTOR  OR  SUBCONTRACTOR FOR PEST CONTROL
 PURPOSES, SHALL APPLY ON STATE  PROPERTY  ANY  PESTICIDE  CLASSIFIED  AS
 TOXICITY CATEGORY II BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGEN-
 CY,  ANY  PESTICIDE  CLASSIFIED  AS  A  POSSIBLE HUMAN CARCINOGEN BY THE
 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, OR ANY PESTICIDE  CLASSI-
 FIED  AS  RESTRICTED  USE  BY THE UNITED STATES ENVIRONMENTAL PROTECTION
 AGENCY OR THE DEPARTMENT, EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS
 SECTION.
   3. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, NO STATE DEPART-
 MENT, AGENCY, OR PUBLIC BENEFIT CORPORATION OR ANY PESTICIDE  APPLICATOR
 EMPLOYED  THEREBY  AS  A  CONTRACTOR  OR  SUBCONTRACTOR FOR PEST CONTROL
 PURPOSES SHALL APPLY ANY PESTICIDE ON STATE PROPERTY, EXCEPT AS PROVIDED
 IN SUBDIVISION FOUR OF THIS SECTION.
   4. THE PROVISIONS OF SUBDIVISIONS ONE, TWO, AND THREE OF THIS  SECTION
 SHALL NOT APPLY TO THE FOLLOWING:
   (A)  PESTICIDES OTHERWISE LAWFULLY USED FOR THE PURPOSE OF MAINTAINING
 A SAFE DRINKING WATER SUPPLY AT DRINKING WATER TREATMENT PLANTS,  WASTE-
 WATER  TREATMENT  PLANTS,  RESERVOIRS,  AND RELATED COLLECTION, DISTRIB-
 UTION, AND TREATMENT FACILITIES;
   (B) ANTIMICROBIAL PESTICIDES;
   (C) PESTICIDES IN CONTAINED BAITS FOR THE PURPOSES OF RODENT  CONTROL;
 AND
   (D)   PESTICIDES   CLASSIFIED   BY  THE  UNITED  STATES  ENVIRONMENTAL
 PROTECTION AGENCY AS EXEMPT MATERIALS UNDER 40 CFR 152.25.
   5.  ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-THREE, THE DEPART-
 MENT SHALL ADOPT A PEST MANAGEMENT  PLAN  FOR  EVERY  STATE  DEPARTMENT,
 AGENCY,  AND  PUBLIC BENEFIT CORPORATION. SUCH PLAN SHALL TAKE EFFECT ON
 JANUARY FIRST, TWO THOUSAND TWENTY-THREE AND SHALL  BE  CONSISTENT  WITH
 THE  PROVISIONS  OF  THIS TITLE. SUCH PLAN SHALL ADDRESS PEST POPULATION
 MONITORING, LEAST-TOXIC PESTICIDES FOR USE PRIOR TO JANUARY  FIRST,  TWO
 THOUSAND  TWENTY-FIVE,  AND NON-CHEMICAL PEST CONTROL STRATEGIES FOR USE
 AFTER SUCH DATE, WHICH  WILL  EFFECTIVELY  MANAGE  PEST  PROBLEMS  IN  A
 COMPREHENSIVE MANNER.
   6.  SHOULD ANY STATE DEPARTMENT, AGENCY, OR PUBLIC BENEFIT CORPORATION
 DETERMINE THAT A HUMAN HEALTH EMERGENCY WARRANTS THE USE OF A  PESTICIDE
 THAT WOULD OTHERWISE NOT BE ALLOWED UNDER THIS TITLE, IT MAY APPLY FOR A
 SINGLE-USE  WAIVER  FROM  THE  DEPARTMENT  OF  HEALTH. THE DEPARTMENT OF
 HEALTH SHALL DETERMINE IF SUCH  A  WAIVER  IS  WARRANTED  BASED  ON  THE
 FOLLOWING CRITERIA:
   (A) THE PEST SITUATION POSES AN IMMEDIATE THREAT TO HUMAN HEALTH; AND
   (B)  VIABLE  ALTERNATIVES  DO NOT EXIST (SUCH A DETERMINATION SHALL BE
 MADE IN CONSULTATION WITH  THE  CORNELL  COOPERATIVE  EXTENSION  SERVICE
 INTEGRATED PEST MANAGEMENT PROGRAM).

 A. 8199                             3
 
   AS  A  CONDITION OF APPROVAL, THE DEPARTMENT OF HEALTH SHALL REQUIRE A
 COMMITMENT FROM EVERY  STATE  DEPARTMENT,  AGENCY,  AND  PUBLIC  BENEFIT
 CORPORATION  THAT  THE  UNDERLYING  CAUSES  OF THE PEST OUTBREAK WILL BE
 ADDRESSED IN ORDER TO PREVENT FUTURE OUTBREAKS.
   7.  THE  FOLLOWING  ACTIVITIES  SHALL BE EXEMPT FROM THE PROVISIONS OF
 THIS TITLE:
   (A) PESTICIDES USED FOR AGRICULTURAL RESEARCH PURPOSES  AT  THE  STATE
 UNIVERSITY COLLEGE OF TECHNOLOGY AT ALFRED, THE STATE UNIVERSITY COLLEGE
 OF  TECHNOLOGY AT CANTON, THE STATE UNIVERSITY COLLEGE OF AGRICULTURE AT
 COBLESKILL, THE STATE UNIVERSITY COLLEGE OF  TECHNOLOGY  AT  DELHI,  THE
 STATE UNIVERSITY COLLEGE OF TECHNOLOGY AT FARMINGDALE, THE STATE UNIVER-
 SITY COLLEGE OF AGRICULTURE AT MORRISVILLE, THE STATE UNIVERSITY COLLEGE
 OF  TECHNOLOGY  AT UTICA/ROME, AND THE NEW YORK STATE STATUTORY COLLEGES
 AT CORNELL, INCLUDING THE AGRICULTURAL EXPERIMENT STATION AT GENEVA  AND
 ITS FIELD OFFICES.
   (B)  THE  USE  OF  ROTENONE  AND  ASSOCIATED RESINS AS A PISCICIDE FOR
 PURPOSES DIRECTLY RELATED TO THE RECLAMATION OF FRESHWATER WATER  BODIES
 TO  PREPARE FOR THE REINTRODUCTION OF NATIVE SPECIES. WATER TREATED WITH
 ROTENONE SHALL NOT BE USED AS POTABLE WATER OR FOR IRRIGATION OF CROPS.
   § 3. This act shall take effect immediately.