Prohibits the nonemergency application of pesticide or lawn care pesticide within any municipal park lands and lands under the jurisdiction of the state office of parks, recreation and historic preservation

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          1363

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                     January 9, 2025
                                       ___________

        Introduced  by  Sens.  SERRANO,  ADDABBO, COMRIE, HOYLMAN-SIGAL, PARKER,
          PERSAUD -- 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 nonemergency application of  pesticide  or  lawn  care
          pesticide  within  any municipal park lands and lands under the juris-
          diction of the state office of parks, recreation and historic  preser-
          vation and requiring notice of pesticide application

          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  OF NONEMERGENCY APPLICATION OF PESTICIDE OR LAWN
     4               CARE PESTICIDE.
     5    1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
     6  NY, CORPORATION, MUNICIPALITY OR GOVERNMENT ENTITY SHALL ALLOW OR IMPLE-
     7  MENT THE NONEMERGENCY APPLICATION OF PESTICIDE OR LAWN CARE PESTICIDE IN
     8  ANY MUNICIPAL PARK LANDS AND LANDS UNDER THE JURISDICTION OF  THE  STATE
     9  OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.
    10    2.  PRIOR  TO ANY APPLICATION OF PESTICIDE OR LAWN CARE PESTICIDE, THE
    11  OFFICE SHALL PROVIDE PUBLIC NOTICE AT LEAST SEVENTY-TWO HOURS  PRIOR  TO
    12  SUCH  APPLICATION. SUCH PUBLIC NOTICE SHALL REMAIN POSTED ON THE PREMISE
    13  AND ON ANY INTERNET WEB SITE OPERATED  BY  THE  OFFICE  FOR  SEVENTY-TWO
    14  HOURS.
    15    3. FOR THE PURPOSES OF THIS SECTION:
    16    (A)  "PESTICIDE"  MEANS  A FUNGICIDE USED ON PLANTS, AN INSECTICIDE, A
    17  HERBICIDE OR A RODENTICIDE, BUT DOES NOT MEAN A SANITIZER, DISINFECTANT,
    18  ANTIMICROBIAL AGENT OR PESTICIDE BAIT IN A TAMPER RESISTANT CONTAINER;
    19    (B) "LAWN CARE PESTICIDE" MEANS A PESTICIDE REGISTERED BY  THE  UNITED
    20  STATES  ENVIRONMENTAL  PROTECTION  AGENCY  AND  LABELED  PURSUANT TO THE

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03137-01-5
        S. 1363                             2

     1  FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE  ACT  FOR  USE  IN  LAWN,
     2  GARDEN AND ORNAMENTAL SITES OR AREAS, BUT SHALL NOT INCLUDE ANY:
     3    (1)  MICROBIAL  PESTICIDE  OR BIOCHEMICAL PESTICIDE THAT IS REGISTERED
     4  WITH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; OR
     5    (2)  A  PESTICIDE  CLASSIFIED  BY  THE  UNITED  STATES   ENVIRONMENTAL
     6  PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR 152.25;
     7    (C)  "MICROBIAL  PESTICIDE"  MEANS  A  PESTICIDE  THAT  CONSISTS  OF A
     8  MICROORGANISM AS THE ACTIVE INGREDIENT; AND
     9    (D) "BIOCHEMICAL PESTICIDE" MEANS A NATURALLY OCCURRING SUBSTANCE THAT
    10  CONTROLS PESTS BY NONTOXIC MECHANISMS.
    11    4. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE  SUCH  RULES  AND  REGU-
    12  LATIONS  AS  IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
    13  SECTION.
    14    § 2. This act shall take effect immediately.