Bill Text: NY A01455 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires integrated pest management plans, as developed or approved by the commissioner of the department of environmental conservation in consultation with the commissioner of education and the commissioner of health, to be implemented in child day care centers, head start day care centers and schools.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2018-01-03 - referred to ways and means [A01455 Detail]
Download: New_York-2017-A01455-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1455 2017-2018 Regular Sessions IN ASSEMBLY January 12, 2017 ___________ Introduced by M. of A. ZEBROWSKI, LIFTON, JAFFEE, ABINANTI, FAHY -- Multi-Sponsored by -- M. of A. GOTTFRIED, O'DONNELL, TITONE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, the social services law and the education law, in relation to integrated pest management The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 33 of the environmental conservation law is amended 2 by adding a new title 17 to read as follows: 3 TITLE 17 4 INTEGRATED PEST MANAGEMENT 5 Section 33-1701. Scope of integrated pest management plan. 6 33-1703. Integrated pest management plan requirements. 7 33-1705. Application for individual integrated pest management 8 plan. 9 § 33-1701. Scope of integrated pest management plan. 10 The commissioner, in consultation with the commissioner of education 11 and the commissioner of health, shall develop an integrated pest manage- 12 ment plan for all child day care centers or head start day care centers, 13 as defined in subdivision six of section three hundred ninety-a of the 14 social services law, and all schools. 15 § 33-1703. Integrated pest management plan requirements. 16 1. "Integrated pest management" and "(IPM)" shall mean a decision-mak- 17 ing process for pest control that utilizes regular monitoring to deter- 18 mine if and when controls are needed; employs physical, mechanical, 19 cultural, biological and educational practices to control conditions 20 that promote pest infestations and to keep pest populations at tolerable 21 damage or annoyance levels; and only as a last resort, utilizes least- 22 toxic pesticide controls. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04347-01-7A. 1455 2 1 2. The integrated pest management plan for child day care centers, and 2 head start day care centers and schools, as developed by the commission- 3 er, shall require at a minimum the following: 4 a. a provision for public access to all information about the imple- 5 mentation of the plans; 6 b. all pesticide applications to be conducted by a certified commer- 7 cial applicator. Pesticide applications by persons working under the 8 direct supervision of a certified pesticide applicator shall be prohib- 9 ited; 10 c. when pesticides are to be applied to the grounds, turf, trees or 11 shrubs, visual notification markers, as provided in section 33-1003 of 12 this article, shall be posted at least every fifty feet with at least 13 one marker on each side of the application area; 14 d. application of pesticides shall be done utilizing the least toxic 15 substances that would prove effective; and 16 e. a copy of the pesticide label to be prominently posted in a common 17 area of any building which is to receive the pesticide application. Such 18 notice and a legible copy of the pesticide product label shall remain 19 posted for at least forty-eight hours following the pesticide applica- 20 tion. The notice shall include, at a minimum, the name and telephone 21 number of the contact person who shall provide detailed information on 22 the pesticide application. A copy of the pesticide label shall be made 23 available to any person requesting such label within twenty-four hours 24 of such request. 25 § 33-1705. Application for individual integrated pest management plan. 26 A child day care center, head start day care center or school may 27 propose an integrated pest management plan, separate from the commis- 28 sioner's plan, based upon the unique circumstances of the day care 29 center or school. The commissioner may approve or deny the application 30 based upon an analysis of the unique circumstances compared to the goals 31 of the commissioner's integrated pest management plan. Upon approval of 32 such application by the commissioner, the day care center or school may 33 substitute the commissioner's plan with the approved individual inte- 34 grated pesticide management plan in compliance with this title. 35 § 2. Section 390-a of the social services law is amended by adding a 36 new subdivision 6 to read as follows: 37 6. All providers of a child day care center as defined in section 38 three hundred ninety of this title, or a head start day care center 39 funded pursuant to Title V of the Federal Opportunity Act of nineteen 40 hundred sixty-four, as amended, are required to implement an integrated 41 pest management plan which has been developed or approved by the commis- 42 sioner of the department of environmental conservation pursuant to title 43 seventeen of article thirty-three of the environmental conservation law. 44 § 3. The education law is amended by adding a new section 409-m to 45 read as follows: 46 § 409-m. Integrated pest management requirements for schools. All 47 schools are required to implement an integrated pest management plan 48 which has been developed or approved by the commissioner of the depart- 49 ment of environmental conservation pursuant to title seventeen of arti- 50 cle thirty-three of the environmental conservation law. 51 § 4. This act shall take effect on the one hundred eightieth day after 52 it shall have become a law.
