STATE OF NEW YORK ________________________________________________________________________ 441 2017-2018 Regular Sessions IN ASSEMBLY January 9, 2017 ___________ Introduced by M. of A. PAULIN, GALEF, ENGLEBRIGHT, QUART, ZEBROWSKI, COOK, ABINANTI, ROSENTHAL, COLTON, WEPRIN, OTIS, DINOWITZ, THIELE, HARRIS, SEPULVEDA -- Multi-Sponsored by -- M. of A. GOTTFRIED, LUPAR- DO, PERRY, RIVERA -- 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 20 (f) the use of horticultural soap and oils that do not contain 21 synthetic pesticides or synergists. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01068-01-7

A. 441 2 1 2. No camp defined in subdivisions one and two of section thirteen 2 hundred ninety-two of this article shall apply pesticide to any play- 3 grounds, turf, athletic or playing fields, other than those on public- 4 ly-owned or publicly-leased property in a city of more than one million, 5 except that an emergency application of a pesticide may be made as 6 determined by the county health department or for a county not having a 7 health department, such authority as the county legislature shall desig- 8 nate, the commissioner or his or her designee or the commissioner of 9 environmental conservation or his or her designee. 10 3. The commissioner shall have the power to exempt from this section 11 any camp defined in subdivisions one and two of section thirteen hundred 12 ninety-two of this article to the extent that it is not practicable to 13 use pesticide alternatives as defined in subdivision one of this 14 section. 15 § 2. Subdivision 7 of section 33-0303 of the environmental conserva- 16 tion law, as added by chapter 85 of the laws of 2010, is amended to read 17 as follows: 18 7. The commissioner, in consultation with the commissioner of educa- 19 tion and the commissioner of health, shall develop guidance on pesticide 20 alternatives to facilitate compliance with section four hundred nine-k 21 of the education law [and], three hundred ninety-g of the social 22 services law and thirteen hundred ninety-six of the public health law. 23 § 3. This act shall take effect on the one hundred eightieth day after 24 it shall have become a law. Effective immediately the department of 25 health and the department of environmental conservation may promulgate 26 any rule or regulation necessary for the timely implementation of this 27 act on its effective date.