Bill Text: NY A04265 | 2017-2018 | General Assembly | Introduced

---

Bill Title: Provides for the phase-out on varying time schedules of state use of various categories of pesticides on state property; provides that it does not apply to certain antimicrobial pesticides; requires the department of environmental conservation to adopt a pest management plan for every state department, agency, and public benefit corporation; provides for waivers and exemptions.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2017-12-15 - enacting clause stricken [A04265 Detail]

Download: New_York-2017-A04265-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4265
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 2, 2017
                                       ___________
        Introduced  by M. of A. KAVANAGH, ENGLEBRIGHT, PEOPLES-STOKES, DINOWITZ,
          JAFFEE, PAULIN, COLTON, ROSENTHAL, ROZIC -- Multi-Sponsored by  --  M.
          of  A.   CUSICK, GOTTFRIED, LUPARDO, SOLAGES -- read once and referred
          to the Committee on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          phase-out of state use of pesticides
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Legislative findings. The legislature  finds  and  declares
     2  that pesticides are linked to a number of acute and chronic health prob-
     3  lems  and  that  it  is  therefore  the policy of the state to phase-out
     4  pesticide use by the government for many pest control  purposes  and  to
     5  adopt  a  pest  control policy that substantially relies on non-chemical
     6  pest control strategies.
     7    § 2. Article 33 of the environmental conservation law  is  amended  by
     8  adding a new title 8 to read as follows:
     9                                   TITLE 8
    10                             PHASE-OUT OF STATE
    11                              USE OF PESTICIDES
    12  Section 33-0801. Definitions.
    13          33-0803. Phase-out of state use of pesticides.
    14  § 33-0801. Definitions.
    15    As used in this title:
    16    1.  "Antimicrobial pesticide" means a pesticide that:  (a) is intended
    17  to disinfect, sanitize, reduce, or mitigate  growth  or  development  of
    18  microbiological organisms; (b) is intended to protect inanimate objects,
    19  industrial  processes  or  systems,  surfaces,  water, or other chemical
    20  substances from  contamination,  fouling,  or  deterioration  caused  by
    21  bacteria,  viruses,  fungi,  protozoa,  algae,  or  slime; or (c) in the
    22  intended use, is exempt from or otherwise not subject  to,  a  tolerance
    23  under appropriate provisions of federal law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00502-01-7
        A. 4265                             2
     1    2. "Antimicrobial pesticide" does not include: (a) a wood preservative
     2  or antifouling paint product for which a claim of pesticidal activity is
     3  made; (b) an agricultural fungicide product; or (c) an aquatic herbicide
     4  product.
     5  § 33-0803. Phase-out of state use of pesticides.
     6    1.  Effective  January  first, two thousand nineteen, no state depart-
     7  ment, agency, or public benefit corporation or any pesticide  applicator
     8  employed  thereby  as  a  contractor  or  subcontractor for pest control
     9  purposes, shall apply on state  property  any  pesticide  classified  as
    10  toxicity  category I by the United States environmental protection agen-
    11  cy, or any pesticide classified as a known, likely,  or  probable  human
    12  carcinogen  by the United States environmental protection agency, except
    13  as provided for in subdivision four of this section.
    14    2. Effective January first, two thousand twenty, no state  department,
    15  agency,  or  public  benefit  corporation,  or  any pesticide applicator
    16  employed thereby as a  contractor  or  subcontractor  for  pest  control
    17  purposes,  shall  apply  on  state  property any pesticide classified as
    18  toxicity category II by the United States environmental protection agen-
    19  cy, any pesticide classified as  a  possible  human  carcinogen  by  the
    20  United  States environmental protection agency, or any pesticide classi-
    21  fied as restricted use by the  United  States  environmental  protection
    22  agency or the department, except as provided in subdivision four of this
    23  section.
    24    3.  Effective January first, two thousand twenty-one, no state depart-
    25  ment, agency, or public benefit corporation or any pesticide  applicator
    26  employed  thereby  as  a  contractor  or  subcontractor for pest control
    27  purposes shall apply any pesticide on state property, except as provided
    28  in subdivision four of this section.
    29    4. The provisions of subdivisions one, two, and three of this  section
    30  shall not apply to the following:
    31    (a)  pesticides otherwise lawfully used for the purpose of maintaining
    32  a safe drinking water supply at drinking water treatment plants,  waste-
    33  water  treatment  plants,  reservoirs,  and related collection, distrib-
    34  ution, and treatment facilities;
    35    (b) antimicrobial pesticides;
    36    (c) pesticides in contained baits for the purposes of rodent  control;
    37  and
    38    (d)   pesticides   classified   by  the  United  States  environmental
    39  protection agency as exempt materials under 40 CFR 152.25.
    40    5.  On or before January first, two thousand nineteen, the  department
    41  shall  adopt  a pest management plan for every state department, agency,
    42  and public benefit corporation. Such plan shall take effect  on  January
    43  first, two thousand nineteen and shall be consistent with the provisions
    44  of  this  title.  Such  plan  shall  address pest population monitoring,
    45  least-toxic pesticides for use prior  to  January  first,  two  thousand
    46  twenty-one,  and non-chemical pest control strategies for use after such
    47  date, which will effectively manage pest  problems  in  a  comprehensive
    48  manner.
    49    6.  Should any state department, agency, or public benefit corporation
    50  determine that a human health emergency warrants the use of a  pesticide
    51  that would otherwise not be allowed under this title, it may apply for a
    52  single-use  waiver  from  the  department  of  health. The department of
    53  health shall determine if such  a  waiver  is  warranted  based  on  the
    54  following criteria:
    55    (a) the pest situation poses an immediate threat to human health; and
        A. 4265                             3
     1    (b)  viable  alternatives  do not exist (such a determination shall be
     2  made in consultation with  the  Cornell  cooperative  extension  service
     3  integrated pest management program).
     4    As  a  condition of approval, the department of health shall require a
     5  commitment from every  state  department,  agency,  and  public  benefit
     6  corporation  that  the  underlying  causes  of the pest outbreak will be
     7  addressed in order to prevent future outbreaks.
     8    7. The following activities shall be exempt  from  the  provisions  of
     9  this title:
    10    (a)  Pesticides  used  for agricultural research purposes at the state
    11  university college of technology at Alfred, the state university college
    12  of technology at Canton, the state university college of agriculture  at
    13  Cobleskill,  the  state  university  college of technology at Delhi, the
    14  state university college of technology at Farmingdale, the state univer-
    15  sity college of agriculture at Morrisville, the state university college
    16  of technology at Utica/Rome, and the New York state  statutory  colleges
    17  at  Cornell, including the agricultural experiment station at Geneva and
    18  its field offices.
    19    (b) The use of rotenone and  associated  resins  as  a  piscicide  for
    20  purposes  directly related to the reclamation of freshwater water bodies
    21  to prepare for the reintroduction of native species. Water treated  with
    22  rotenone shall not be used as potable water or for irrigation of crops.
    23    § 3. This act shall take effect immediately.