S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3934
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 31, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Education
       AN ACT to amend the  education  law,  in  relation  to  integrated  pest
         management requirements for schools
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Legislative intent. The legislature finds and declares that
    2  it shall be the policy of the state of New York to provide  every  child
    3  with  an  environmentally safe and healthy learning environment in which
    4  to grow, learn and mature into productive and healthy adults. To  ensure
    5  that  schools  provide  this  setting  for our children, the legislature
    6  finds that pesticide use in school facilities must be reduced or avoided
    7  in order to protect children's environmental health and safety.    Chil-
    8  dren are uniquely vulnerable to and may be severely affected by exposure
    9  to chemicals such as pesticides. By establishing integrated pest manage-
   10  ment  strategies that primarily rely on non-chemical pest control, expo-
   11  sures to children from toxic pesticides can be eliminated or reduced  to
   12  less hazardous levels.
   13    S  2.  The  education  law is amended by adding a new section 409-l to
   14  read as follows:
   15    S 409-L. INTEGRATED PEST MANAGEMENT REQUIREMENTS FOR SCHOOLS.  1.  FOR
   16  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED:
   17    (A)  "SCHOOL"  MEANS  ALL  FACILITIES  FOR GRADES KINDERGARTEN THROUGH
   18  TWELVE OPERATED BY  ANY  SCHOOL  DISTRICT,  INCLUDING  ANY  CITY  SCHOOL
   19  DISTRICT WITH A POPULATION OVER ONE HUNDRED TWENTY-FIVE THOUSAND, OR ANY
   20  BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   21    (B)  "INTEGRATED  PEST  MANAGEMENT"  AND  "IPM" MEAN A DECISION-MAKING
   22  PROCESS FOR PEST CONTROL THAT UTILIZES REGULAR MONITORING  TO  DETERMINE
   23  IF AND WHEN CONTROLS ARE NEEDED; EMPLOYS PHYSICAL, MECHANICAL, CULTURAL,
   24  BIOLOGICAL  AND  EDUCATIONAL  TACTICS TO CONTROL CONDITIONS THAT PROMOTE
   25  PEST INFESTATIONS AND TO KEEP PEST POPULATIONS AT  TOLERABLE  DAMAGE  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05273-01-1
       A. 3934                             2
    1  ANNOYANCE LEVELS; AND ONLY AS A LAST RESORT, UTILIZES LEAST-TOXIC PESTI-
    2  CIDE  CONTROLS.  THE OVERALL GOAL OF IPM IS TO ELIMINATE THE UNNECESSARY
    3  USE OF PESTICIDES AND REDUCE THE USE OF ALL PESTICIDES.
    4    (C)  "FACILITIES" MEANS SCHOOL BUILDINGS, LAND AND OTHER APPURTENANCES
    5  OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
    6    2. TO ENSURE THAT  SCHOOLS  ARE  SAFE  AND  HEALTHY  ENVIRONMENTS  FOR
    7  STUDENTS,  TEACHERS  AND OTHER STAFF AND OCCUPANTS, CERTAIN REQUIREMENTS
    8  SHALL BE PLACED ON PESTICIDE USE IN THESE FACILITIES.
    9    (A) ALL SCHOOLS SHALL HAVE PEST MANAGEMENT PLANS FOR ALL PEST  CONTROL
   10  ACTIVITIES, WHICH HAVE BEEN SUBJECT TO PUBLIC REVIEW AND APPROVED BY THE
   11  SCHOOL  BOARD.  SUCH  PLANS  SHALL  UTILIZE IPM TECHNIQUES TO MANAGE AND
   12  CONTROL PESTS AND PROBLEMS. ALL IPM PLANS SHALL INCLUDE A PROVISION  FOR
   13  PUBLIC  ACCESS  TO ALL INFORMATION ABOUT THE IMPLEMENTATION OF THE PLAN.
   14  SCHOOL DISTRICTS MAY CREATE ADVISORY COMMITTEES TO ASSIST IN THE  DEVEL-
   15  OPMENT  OF  THE  IPM  PLANS,  AND  TO MONITOR THE IMPLEMENTATION OF SUCH
   16  PLANS. NO SCHOOL SHALL CONDUCT OR HAVE CONDUCTED ANY PESTICIDE  APPLICA-
   17  TION  TO  SCHOOL FACILITIES WHICH IS PREVENTIVE IN NATURE AND WHICH DOES
   18  NOT RESPOND TO VERIFIABLE PEST PROBLEMS.
   19    (B) SCHOOLS SHALL BE RESPONSIBLE FOR PROVIDING AN ANNUAL EVALUATION OF
   20  THE IMPLEMENTATION OF THEIR IPM PLANS TO THE SCHOOL BOARD. EVERY  SCHOOL
   21  SHALL UPDATE ITS IPM PLAN ONCE EVERY THREE YEARS. SUCH INFORMATION SHALL
   22  BE PUBLICLY AVAILABLE.
   23    (C)  EVERY SCHOOL SHALL HAVE ITS PESTICIDE APPLICATIONS CONDUCTED BY A
   24  CERTIFIED COMMERCIAL PESTICIDE  APPLICATOR.  PESTICIDE  APPLICATIONS  BY
   25  PERSONS  WORKING  UNDER  THE DIRECT SUPERVISION OF A CERTIFIED PESTICIDE
   26  APPLICATOR SHALL BE PROHIBITED.
   27    (D) A NOTICE OF THE PESTICIDE APPLICATION AND A COPY OF THE  PESTICIDE
   28  LABEL,  SHALL BE PROMINENTLY POSTED IN A COMMON AREA OF A BUILDING WHICH
   29  IS TO RECEIVE A PESTICIDE APPLICATION. THE COMMON AREA SHALL BE  READILY
   30  ACCESSIBLE  TO  ALL  OCCUPANTS OF THE BUILDING. THE NOTICE AND PESTICIDE
   31  LABEL SHALL REMAIN POSTED FOR AT LEAST FORTY-EIGHT HOURS  FOLLOWING  THE
   32  PESTICIDE APPLICATION. SUCH NOTICE SHALL INCLUDE, AT A MINIMUM, THE NAME
   33  AND  TELEPHONE  NUMBER  OF A SCHOOL EMPLOYEE OR CONTACT PERSON WHO SHALL
   34  PROVIDE DETAILED INFORMATION ON THE PESTICIDE APPLICATIONS.  A  COPY  OF
   35  THE PESTICIDE LABEL MUST BE MADE AVAILABLE TO ANY PERSON REQUESTING SUCH
   36  LABEL WITHIN TWENTY-FOUR HOURS OF SUCH REQUESTS.
   37    (E)  WHEN  PESTICIDES  ARE  APPLIED  TO SCHOOL GROUNDS, TURF, TREES OR
   38  SHRUBS, VISUAL NOTIFICATION MARKERS, AS PROVIDED IN SECTION  33-1003  OF
   39  THE ENVIRONMENTAL CONSERVATION LAW, SHALL BE POSTED AT LEAST EVERY FIFTY
   40  FEET WITH AT LEAST ONE MARKER ON EACH SIDE OF THE APPLICATION AREA.
   41    S 3. This act shall take effect on the one hundred eightieth day after
   42  it shall have become a law.