NY State Senate Bill 2025-S1059

Senate Bill S1059

2025-2026 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Environmental Conservation 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to environmental conservation

co-Sponsors

2025-S1059 (ACTIVE) - Details

See Assembly Version of this Bill:: A3151
Current Committee:: Senate 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: S2066, A7403
2021-2022: S1400, A3599
2023-2024: S719, A958

2025-S1059 (ACTIVE) - Summary

Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides within one hundred feet of any school, day care center, park, or on other property when children are commuting to and from school or are engaged in outdoor activity.

2025-S1059 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1059

SPONSOR: SERRANO
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the aerial and ground application of malathion and certain
pyrethroid-based insecticides

 
PURPOSE:

This bill seeks to reduce children's pesticide exposure by prohibiting
the use of chemicals commonly used by mosquito control trucks around any
school, day care, or park.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds a new section 37-0115 of the Environmental
Conservation Law to restrict when and where application of malathion or
the pyrethroid-based insecticides resmethrin and sumithrin can be
applied, and authorizing localities to enact the more restrictive stand-
ard.

Section two of the bill establishes the effective date.

 
JUSTIFICATION:

The full extent of children's risks from aggregate exposure to pesti-
cides remains unclear. Still, there is growing evidence of increased
susceptibility in infants and children from exposure which may adversely
affect the nervous system and immune system. Despite this growing
evidence, mosquito control trucks too often fog or spray in and around
places where children are currently, or will be present, including
schools, day cares, and parks. Moreover, even if children are not pres-
ent at the time of the fogging, there is no requirement that items like
playground equipment be thoroughly wiped down prior to use. Therefore,
to protect the health and well-being of our youth, the prohibition set
forth in this legislation seeks to prevent and lessen the potential
adverse effects of widespread pesticide spraying, and enhance New York
State's school anti-pesticide laws.

 
LEGISLATIVE HISTORY:

2016: S7391- REFERRED TO ENVIRONMENTAL CONSERVATION

2017-2018:S3454 -REFERRED TO ENVIRONMENTAL CONSERVATION

2019-2020:52066 - REFERRED TO ENVIRONMENTAL CONSERVATION

2021-2022:S1400 - Referred to Environmental Conservation

2023-2024:S719 - REFERRED TO ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S1059 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1059
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  SERRANO, ADDABBO, HOYLMAN-SIGAL -- read twice and
   ordered printed, and when printed to be committed 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.
                                                            LBD01636-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S1059

Share this bill

Sponsored By

Jose M. Serrano