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A00528 Summary:

COSPNSRGalef, Englebright, Quart, Zebrowski, Cook, Abinanti, Rosenthal L, Colton, Weprin, Otis, Dinowitz, Thiele, Simon, Gottfried, Lupardo, Perry, Fernandez, Griffin, Steck, Jacobson, Carroll, Seawright, Reyes, Barron, Kelles
Ren 1396 to be 1397, add 1396, Pub Health L; amd 33-0303, En Con L
Prohibits the use of pesticides at children's overnight or summer day camps; provides an exception where emergency application is approved by local or state officials.
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A00528 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
        Introduced  by  M.  of  A. PAULIN, GALEF, ENGLEBRIGHT, QUART, ZEBROWSKI,
          CARROLL,  SEAWRIGHT,  REYES -- read once and referred to the Committee
          on Health
        AN ACT to amend the public health law and the environmental conservation
          law, in relation to prohibiting the use of  pesticides  at  children's
          overnight or summer day camp
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 1396 of the public health law is renumbered section
     2  1397 and a new section 1396 is added to read as follows:
     3    § 1396. Pesticide  alternatives.  1.  For  purposes  of  this  section
     4  "pesticide"  shall  have  the  same  meaning as set forth in subdivision
     5  thirty-five of section 33-0101 of the  environmental  conservation  law,
     6  provided however that it shall not include:
     7    (a)  the  application  of anti-microbial pesticides and anti-microbial
     8  products as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q  (h)
     9  (2);
    10    (b) the use of an aerosol product with a directed spray, in containers
    11  of  eighteen fluid ounces or less, when used to protect individuals from
    12  an imminent threat from stinging and biting insects, including  venomous
    13  spiders, bees, wasps and hornets;
    14    (c)  the use of non-volatile insect or rodent bait in a tamper resist-
    15  ant container;
    16    (d) the application of a pesticide classified  by  the  United  States
    17  Environmental  Protection Agency as an exempt material under 40 CFR Part
    18  152.25;
    19    (e) the use of boric acid and disodium octaborate tetrahydrate; or

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

        A. 528                              2
     1    (f) the use of  horticultural  soap  and  oils  that  do  not  contain
     2  synthetic pesticides or synergists.
     3    2.  No  camp  defined  in subdivisions one and two of section thirteen
     4  hundred ninety-two of this article,  or  children's  non-regulated  camp
     5  defined  in section three hundred ninety-eight-f of the general business
     6  law, shall apply pesticide to any playgrounds, turf, athletic or playing
     7  fields, other than those on publicly-owned or  publicly-leased  property
     8  in a city of more than one million, except that an emergency application
     9  of a pesticide may be made as determined by the county health department
    10  or  for  a  county not having a health department, such authority as the
    11  county legislature shall designate,  the  commissioner  or  his  or  her
    12  designee or the commissioner of environmental conservation or his or her
    13  designee.  If  a  response  to a request for an emergency application of
    14  pesticide is not received by a camp within twenty-four hours, such  camp
    15  may contract with a pesticide applicator certified under section 33-0905
    16  of the environmental conservation law for a single application of pesti-
    17  cide,  provided  that  the  camp  submit  documentation of the emergency
    18  pesticide application to the county health department or the commission-
    19  er immediately thereafter. Such documentation shall include an  explana-
    20  tion of the emergency, the date on which the camp requested approval for
    21  an  emergency  application of pesticide, the date and time the pesticide
    22  was applied, the pesticide or pesticides applied, and the  name  of  the
    23  certified pesticide applicator who applied the pesticide.
    24    3.  The  commissioner shall have the power to exempt from this section
    25  any camp defined in subdivisions one and two of section thirteen hundred
    26  ninety-two of this article to the extent that it is not  practicable  to
    27  use  pesticide  alternatives  as  defined  in  subdivision  one  of this
    28  section.
    29    § 2.  Subdivision 7 of section 33-0303 of the environmental  conserva-
    30  tion law, as added by chapter 85 of the laws of 2010, is amended to read
    31  as follows:
    32    7.  The  commissioner, in consultation with the commissioner of educa-
    33  tion and the commissioner of health, shall develop guidance on pesticide
    34  alternatives to facilitate compliance with section four  hundred  nine-k
    35  of  the  education  law  [and],  three  hundred  ninety-g  of the social
    36  services law and thirteen hundred ninety-six of the public health law.
    37    § 3. This act shall take effect on the one hundred eightieth day after
    38  it shall have become a law.  Effective immediately, the addition, amend-
    39  ment and/or repeal of any rule or regulation necessary for the implemen-
    40  tation of this act on its effective date are authorized to be made on or
    41  before such effective date.
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