Bill Text: NY S00719 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00719 Detail]

Download: New_York-2023-S00719-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           719

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced by Sens. SERRANO, ADDABBO, HOYLMAN, KENNEDY -- 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
          prohibiting the aerial and ground application of malathion and certain
          pyrethroid-based insecticides

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 37-0123 to read as follows:
     3  § 37-0123. Prohibition on the aerial and ground application of malathion
     4               and certain pyrethroid-based insecticides.
     5    1. No person, firm, partnership, association, limited liability compa-
     6  ny, corporation, municipality or government entity shall allow or imple-
     7  ment  the  aerial  or ground application of malathion or the pyrethroid-
     8  based insecticides resmethrin and sumithrin:
     9    (a) within one hundred feet of any school, day care center or park; or
    10    (b) on other property when children are commuting to and  from  school
    11  and engaged in outdoor activity.
    12    2.  If  a  more  restrictive  standard is set forth in the information
    13  contained on the label  of  the  pesticide,  or  by  other  regulations,
    14  including  county  or  local  regulations, the more restrictive standard
    15  shall apply.
    16    3. For the purposes of this section:
    17    (a) "day care center" means all child day care centers and head  start
    18  day care centers; and
    19    (b)  "school" means any public school district or private or parochial
    20  school or board of cooperative educational services.
    21    4. The office is authorized to promulgate such rules  and  regulations
    22  as it shall deem necessary to implement the provisions of this section.
    23    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01269-02-3