Bill Text: NY S05579 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires the written notices, signs and markers required for pesticides for commercial and residential lawn application to be printed in both the English and Spanish languages and any other languages if the commissioner of environmental conservation deems it necessary.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2020-08-24 - signed chap.145 [S05579 Detail]

Download: New_York-2019-S05579-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5579
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 7, 2019
                                       ___________
        Introduced  by  Sen. SERRANO -- 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
          requiring certain signs and notices relating to pesticides for commer-
          cial  or  residential  lawn  application  to be printed in the Spanish
          language in areas with a significant number of Spanish speaking  resi-
          dents
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph a of subdivision 1  of  section  33-1004  of  the
     2  environmental  conservation  law, as added by chapter 285 of the laws of
     3  2000, is amended to read as follows:
     4    a. All retail establishments that  sell  general  use  pesticides  for
     5  commercial  or residential lawn application shall display a sign meeting
     6  standards, established by the commissioner pursuant to  subdivision  one
     7  of  section  33-1005  of  this article, in a conspicuous place, and such
     8  sign shall be placed as close as possible to the place where such pesti-
     9  cides are displayed.  Such standards of the commissioner  shall  provide
    10  that in areas of the state with a significant number of Spanish speaking
    11  residents, the signs required by this paragraph shall be printed in both
    12  the  English  and  Spanish languages.   The commissioner shall establish
    13  rules and regulations regarding what constitutes a significant number of
    14  Spanish speaking residents.
    15    § 2. Subparagraph (i) of paragraph  b  of  subdivision  1  of  section
    16  33-1004 of the environmental conservation law, as amended by chapter 324
    17  of the laws of 2010, is amended to read as follows:
    18    (i)  At  least forty-eight hours prior to any commercial lawn applica-
    19  tion of a pesticide, the person  or  business  making  such  application
    20  shall  supply written notice, as defined in subdivision three of section
    21  33-1005 of this article to:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07471-01-9
        S. 5579                             2
     1    A. occupants of all dwellings, as defined in paragraph d  of  subdivi-
     2  sion  five of section 33-0905 of this article, on abutting property with
     3  a boundary that is within one hundred fifty feet of  the  site  of  such
     4  application;  and to owners, owners' agents, or other persons in a posi-
     5  tion  of  authority for all other types of premises, as defined in para-
     6  graph d of subdivision five of section 33-0905 of this article, that are
     7  on abutting property with a boundary that is within  one  hundred  fifty
     8  feet  of  the  site of such application.  The written notice required by
     9  this paragraph  shall  be  printed  in  both  the  English  and  Spanish
    10  languages  in  areas  of  the state with a significant number of Spanish
    11  speaking residents. The commissioner shall  establish  rules  and  regu-
    12  lations  regarding  what  constitutes  a  significant  number of Spanish
    13  speaking residents. Owners or owners' agents of multiple  family  dwell-
    14  ings  shall supply such written notice to the occupants of such multiple
    15  family dwellings and for all other types of  premises,  owners,  owners'
    16  agents or other persons in a position of authority shall post such writ-
    17  ten notice in a manner specified by the commissioner; and
    18    B.  owners,  owners' agents or other persons in positions of authority
    19  for multiple family dwellings, the property of which is the site of such
    20  application. Owners, or owners'  agents  of  multiple  family  dwellings
    21  shall supply such written notice to the occupants of such multiple fami-
    22  ly dwellings in a manner specified by the commissioner.
    23    §  3.  Subparagraph  (i)  of  paragraph  c of subdivision 1 of section
    24  33-1004 of the environmental conservation law, as added by  chapter  285
    25  of the laws of 2000, is amended to read as follows:
    26    (i)  All  persons performing residential lawn applications treating an
    27  area more than one hundred square feet shall affix markers to be  placed
    28  within  or  along  the  perimeter  of  the area where pesticides will be
    29  applied. Markers are to be placed so as to be clearly visible to persons
    30  immediately outside the perimeter of such property. Such  markers  shall
    31  be  posted at least twelve inches above the ground and shall be at least
    32  four inches by five inches in size.  Furthermore, such markers shall  be
    33  printed  in both the English and Spanish languages in areas of the state
    34  with a significant number of Spanish speaking residents.    The  commis-
    35  sioner  shall establish rules and regulations regarding what constitutes
    36  a significant number of Spanish speaking residents.
    37    § 4. The opening paragraph of subdivision 1 of section 33-1005 of  the
    38  environmental  conservation  law, as added by chapter 285 of the laws of
    39  2000, is amended to read as follows:
    40    The commissioner shall promulgate rules and  regulations  establishing
    41  uniform  standards  for  a consumer pesticide use information sign which
    42  shall be placed in retail establishments that sell  general  use  pesti-
    43  cides for commercial or residential lawn application. Such uniform stan-
    44  dards  shall require that signs in areas of the state with a significant
    45  number of Spanish speaking residents be printed in both the English  and
    46  Spanish  languages.  The  commissioner  shall  establish rules and regu-
    47  lations regarding what  constitutes  a  significant  number  of  Spanish
    48  speaking residents. This sign shall contain the following information:
    49    §  5.  Subdivision 2 of section 33-1005 of the environmental conserva-
    50  tion law, as added by chapter 285 of the laws of  2000,  is  amended  to
    51  read as follows:
    52    2.  The  commissioner  shall prepare and publish, in consultation with
    53  the commissioner of health, educational materials, in both  the  English
    54  and Spanish languages, explaining the requirements of paragraphs b and c
    55  of  subdivision one of section 33-1004 of this article and section three
        S. 5579                             3
     1  hundred ninety-c of the social services law and the human  and  environ-
     2  mental health effects of lawn care pesticides.
     3    §  6.  Subdivision 3 of section 33-1005 of the environmental conserva-
     4  tion law, as added by chapter 285 of the laws of  2000,  is  amended  by
     5  adding a new paragraph c to read as follows:
     6    c.  The  written  notice required by paragraph b of subdivision one of
     7  section 33-1004 of this article shall, in areas  of  the  state  with  a
     8  significant number of Spanish speaking residents, be printed in both the
     9  English  and  Spanish languages.  The commissioner shall establish rules
    10  and regulations regarding what constitutes a significant number of Span-
    11  ish speaking residents.
    12    § 7. This act shall take effect on the one hundred twentieth day after
    13  it shall have become a law.