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. LBD03015-01-3S. 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.