Bill Text: NY S00665 | 2023-2024 | General Assembly | Introduced

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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 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00665 Detail]

Download: New_York-2023-S00665-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           665

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        Introduced  by Sen. KAVANAGH -- 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  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.
    24    2. "Antimicrobial pesticide" does not include: (a) a wood preservative
    25  or antifouling paint product for which a claim of pesticidal activity is

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03015-01-3
        S. 665                              2

     1  made; (b) an agricultural fungicide product; or (c) an aquatic herbicide
     2  product.
     3  § 33-0803. Phase-out of state use of pesticides.
     4    1. Effective January first, two thousand twenty-five, no state depart-
     5  ment,  agency, or public benefit corporation or any pesticide applicator
     6  employed thereby as a  contractor  or  subcontractor  for  pest  control
     7  purposes,  shall  apply  on  state  property any pesticide classified as
     8  toxicity category I by the United States environmental protection  agen-
     9  cy,  or  any  pesticide classified as a known, likely, or probable human
    10  carcinogen by the United States environmental protection agency,  except
    11  as provided for in subdivision four of this section.
    12    2.  Effective January first, two thousand twenty-six, no state depart-
    13  ment, agency, or public benefit corporation, or any pesticide applicator
    14  employed thereby as a  contractor  or  subcontractor  for  pest  control
    15  purposes,  shall  apply  on  state  property any pesticide classified as
    16  toxicity category II by the United States environmental protection agen-
    17  cy, any pesticide classified as  a  possible  human  carcinogen  by  the
    18  United  States environmental protection agency, or any pesticide classi-
    19  fied as restricted use by the  United  States  environmental  protection
    20  agency or the department, except as provided in subdivision four of this
    21  section.
    22    3.  Effective  January  first,  two  thousand  twenty-seven,  no state
    23  department, agency, or  public  benefit  corporation  or  any  pesticide
    24  applicator  employed  thereby  as a contractor or subcontractor for pest
    25  control purposes shall apply any pesticide on state property, except  as
    26  provided in subdivision four of this section.
    27    4.  The provisions of subdivisions one, two, and three of this section
    28  shall not apply to the following:
    29    (a) pesticides otherwise lawfully used for the purpose of  maintaining
    30  a  safe drinking water supply at drinking water treatment plants, waste-
    31  water treatment plants, reservoirs,  and  related  collection,  distrib-
    32  ution, and treatment facilities;
    33    (b) antimicrobial pesticides;
    34    (c)  pesticides in contained baits for the purposes of rodent control;
    35  and
    36    (d)  pesticides  classified  by  the   United   States   environmental
    37  protection agency as exempt materials under 40 CFR 152.25.
    38    5.   On or before January first, two thousand twenty-five, the depart-
    39  ment shall adopt a pest management  plan  for  every  state  department,
    40  agency,  and  public benefit corporation. Such plan shall take effect on
    41  January first, two thousand twenty-five and shall be consistent with the
    42  provisions of this title. Such plan shall address pest population  moni-
    43  toring, least-toxic pesticides for use prior to January first, two thou-
    44  sand  twenty-seven,  and  non-chemical  pest  control strategies for use
    45  after such date, which  will  effectively  manage  pest  problems  in  a
    46  comprehensive manner.
    47    6.  Should any state department, agency, or public benefit corporation
    48  determine that a human health emergency warrants the use of a  pesticide
    49  that would otherwise not be allowed under this title, it may apply for a
    50  single-use  waiver  from  the  department  of  health. The department of
    51  health shall determine if such  a  waiver  is  warranted  based  on  the
    52  following criteria:
    53    (a) the pest situation poses an immediate threat to human health; and
    54    (b)  viable  alternatives  do not exist (such a determination shall be
    55  made in consultation with  the  Cornell  cooperative  extension  service
    56  integrated pest management program).
        S. 665                              3

     1    As  a  condition of approval, the department of health shall require a
     2  commitment from every  state  department,  agency,  and  public  benefit
     3  corporation  that  the  underlying  causes  of the pest outbreak will be
     4  addressed in order to prevent future outbreaks.
     5    7.  The  following  activities  shall be exempt from the provisions of
     6  this title:
     7    (a) Pesticides used for agricultural research purposes  at  the  state
     8  university college of technology at Alfred, the state university college
     9  of  technology at Canton, the state university college of agriculture at
    10  Cobleskill, the state university college of  technology  at  Delhi,  the
    11  state university college of technology at Farmingdale, the state univer-
    12  sity college of agriculture at Morrisville, the state university college
    13  of  technology  at Utica/Rome, and the New York state statutory colleges
    14  at Cornell, including the agricultural experiment station at Geneva  and
    15  its field offices.
    16    (b)  The  use  of  rotenone  and  associated resins as a piscicide for
    17  purposes directly related to the reclamation of freshwater water  bodies
    18  to  prepare for the reintroduction of native species. Water treated with
    19  rotenone shall not be used as potable water or for irrigation of crops.
    20    § 3. This act shall take effect immediately.