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S01371 Summary:

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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S01371 Actions:

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S01371 Memo:

Memo not available
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S01371 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                    IN SENATE
                                     January 9, 2017
        Introduced  by Sens. CARLUCCI, AVELLA, HOYLMAN, SAVINO -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
        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
    20    (f)  the  use  of  horticultural  soap  and  oils  that do not contain
    21  synthetic pesticides or synergists.
    22    2. No camp defined in subdivisions one and  two  of  section  thirteen
    23  hundred  ninety-two  of  this article shall apply pesticide to any play-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 1371                             2
     1  grounds, turf, athletic or playing fields, other than those  on  public-
     2  ly-owned or publicly-leased property in a city of more than one million,
     3  except  that  an  emergency  application  of  a pesticide may be made as
     4  determined  by the county health department or for a county not having a
     5  health department, such authority as the county legislature shall desig-
     6  nate, the commissioner or his or her designee  or  the  commissioner  of
     7  environmental conservation or his or her designee.
     8    3.  The  commissioner shall have the power to exempt from this section
     9  any camp defined in subdivisions one and two of section thirteen hundred
    10  ninety-two of this article to the extent that it is not  practicable  to
    11  use  pesticide  alternatives  as  defined  in  subdivision  one  of this
    12  section.
    13    § 2.  Subdivision 7 of section 33-0303 of the environmental  conserva-
    14  tion law, as added by chapter 85 of the laws of 2010, is amended to read
    15  as follows:
    16    7.  The  commissioner, in consultation with the commissioner of educa-
    17  tion and the commissioner of health, shall develop guidance on pesticide
    18  alternatives to facilitate compliance with section four  hundred  nine-k
    19  of  the  education  law  [and],  three  hundred  ninety-g  of the social
    20  services law and thirteen hundred ninety-six of the public health law.
    21    § 3. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law.   Effective immediately  the  department  of
    23  health  and  the department of environmental conservation may promulgate
    24  any rule or regulation necessary for the timely implementation  of  this
    25  act on its effective date.
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