Assembly Bill A958

2023-2024 Legislative Session

Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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2023-A958 (ACTIVE) - Details

See Senate Version of this Bill:
S719
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §37-0123, En Con L
Versions Introduced in Other Legislative Sessions:
2015-2016: S7391
2017-2018: S3454
2019-2020: A7403, S2066
2021-2022: A3599, S1400

2023-A958 (ACTIVE) - Summary

Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides.

2023-A958 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    958
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting the aerial and ground application of malathion and certain
   pyrethroid-based insecticides

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 37-0123 to read as follows:
 § 37-0123. PROHIBITION ON THE AERIAL AND GROUND APPLICATION OF MALATHION
              AND CERTAIN PYRETHROID-BASED INSECTICIDES.
   1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY, CORPORATION, MUNICIPALITY OR GOVERNMENT ENTITY SHALL ALLOW OR IMPLE-
 MENT  THE  AERIAL  OR GROUND APPLICATION OF MALATHION OR THE PYRETHROID-
 BASED INSECTICIDES RESMETHRIN AND SUMITHRIN:
   (A) WITHIN ONE HUNDRED FEET OF ANY SCHOOL, DAY CARE CENTER OR PARK; OR
   (B) ON OTHER PROPERTY WHEN CHILDREN ARE COMMUTING TO AND  FROM  SCHOOL
 AND ENGAGED IN OUTDOOR ACTIVITY.
   2.  IF  A  MORE  RESTRICTIVE  STANDARD IS SET FORTH IN THE INFORMATION
 CONTAINED ON THE LABEL  OF  THE  PESTICIDE,  OR  BY  OTHER  REGULATIONS,
 INCLUDING  COUNTY  OR  LOCAL  REGULATIONS, THE MORE RESTRICTIVE STANDARD
 SHALL APPLY.
   3. FOR THE PURPOSES OF THIS SECTION:
   (A) "DAY CARE CENTER" MEANS ALL CHILD DAY CARE CENTERS AND HEAD  START
 DAY CARE CENTERS; AND
   (B)  "SCHOOL" MEANS ANY PUBLIC SCHOOL DISTRICT OR PRIVATE OR PAROCHIAL
 SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   4. THE OFFICE IS AUTHORIZED TO PROMULGATE SUCH RULES  AND  REGULATIONS
 AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01269-02-3

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