Bill Text: NY S01059 | 2025-2026 | General Assembly | Introduced

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Bill Title: Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides within one hundred feet of any school, day care center, park, or on other property when children are commuting to and from school or are engaged in outdoor activity.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2025-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01059 Detail]

Download: New_York-2025-S01059-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1059

                               2025-2026 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 8, 2025
                                       ___________

        Introduced  by  Sens.  SERRANO, ADDABBO, HOYLMAN-SIGAL -- 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.
                                                                   LBD01636-01-5