S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1861
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 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
 CLEAN THE EQUIPMENT IMMEDIATELY  FOLLOWING  PESTICIDE  APPLICATION,  BUT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02835-01-3
              

 A. 1861                             2
 
 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.