NY State Senate Bill 2021-S1422

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
Jan 05, 2022	referred to cultural affairs, tourism, parks and recreation
Jan 12, 2021	referred to cultural affairs, tourism, parks and recreation

co-Sponsors

2021-S1422 (ACTIVE) - Details

See Assembly Version of this Bill:: A429
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:: 2017-2018: S8477, A10879
2019-2020: S3571, A1299
2023-2024: S805, A1861

2021-S1422 (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.

2021-S1422 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1422

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
Historic Preservation Law to require 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:

2020: S.3571 - Referred to Cultural Affairs, Tourism, Parks and Recre-
ation
2019: S.3571 - Passed Senate
2018: S.8447A- Referred to Cultural Affairs, Tourism, Parks and Recre-
ation

 
FISCAL IMPACT:

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.

2021-S1422 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1422
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2021
                                ___________
 
 Introduced  by  Sens. SERRANO, KAPLAN -- 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00576-01-1

 S. 1422                             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.

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Senate Bill S1422

Sponsored By

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

co-Sponsors

2021-S1422 (ACTIVE) - Details

2021-S1422 (ACTIVE) - Summary

2021-S1422 (ACTIVE) - Sponsor Memo

2021-S1422 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1422

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Sponsored By

Jose M. Serrano

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

co-Sponsors

Anna M. Kaplan

2021-S1422 (ACTIVE) - Details

2021-S1422 (ACTIVE) - Summary

2021-S1422 (ACTIVE) - Sponsor Memo

2021-S1422 (ACTIVE) - Bill Text download pdf

Comments