BILL NUMBER: S3210

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the use of residential automatic pesticide misting systems

 
PURPOSE:

This bill prohibits installation or utilizes any residential automatic
pesticide misting systems in this state.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the labor law by adding a new subdivision 12 to read
as follows: 12. For any person, on or after January 1, 2019 to install
or utilize any residential automatic pesticide misting systems in this
state. For purposes of this subdivision, "residential automatic pesti-
cide misting system" means any device that is designed to be installed
on, near or around the exterior of any residential dwelling or the
grounds of such residential dwelling and to automatically spray any
              

pesticide solution at timed intervals.

 
JUSTIFICATION:

Mosquito misters pose a threat to human health. They also harm bees and
other flying pollinators and are the least effective way to deal with
biting mosquitoes.

These devices are typically placed outdoors and spray insecticides

-mostly in an attempt to control mosquitoes.) In May, the Connecticut
state legislature voted to ban the use of residential pesticide misting
systems.

In addition to the threat to people's health, misters harm pollinators
who may be foraging in an area where the devices are used. Studies find
that sublethal concentrations of synthetic pyrethroids significantly
reduce bee fecundity and decrease the rate at which bees develop to
adulthood and reproduce. Field and laboratory studies using pyrethroids
have consistently documented decreases in foraging activity and activity
at the hive entrance after exposure.

While pesticides are regulated by the U.S. Environmental Protection
Agency (EPA), pesticide misters and other application devices are not
subject to EPA oversight, leaving states with the authority to control
their use. Connecticut appears to be the first state to restrict pesti-
cide misting machines through legislation. The state of New York took an
administrative approach to regulating these devices, as the commissioner
of the state's Department of Environmental Conservation used his author-
ity to deem pesticides used in misting systems as restricted use (only
available to certified applicators).

In 2015, Public Employees for Environmental Responsibility (PEER) filed
a complaint with the Federal Trade Commission, detailing false and
deceptive claims by manufacturers of pesticide misters.  Specifically,
PEER noted that manufacturers claim that these misters (1) are effective
in controlling mosquitoes despite contention from experts and even the
American Mosquito Control Association that they are not effective, (2)
have the ability to kill ticks, of which there is no evidence, and (3)
are "safe" and "natural," despite their use of highly toxic pesticides.
Absent federal action, the responsibility to regulate these dangerous
devices falls to the states

 
LEGISLATIVE HISTORY:

2019-2020: A3354

2017-2018: A11273

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately.