Provides for the phase-out of state use of pesticides on state property and for state agency pest management plans

Summary of specific provisions

This bill will create a three level Phase-out of pesticide use by agencies of the State of New York. During the first phase of this bill, no agency in New York State will be allowed to apply any pesticide classified as a Toxicity Category I by the United States Environmental Protection Agency (USEPA) or any pesti- cide classified as a known, likely, or probable human carcinogen.

The second phase of this bill prohibits the use of any pesticide by state agencies identified as a Toxicity Category II pesticide, a possi- ble human carcinogen, by the USEPA or any pesticide classified as restricted use by the USEPA or New York State Department of Environ- mental Conservation (NYSDEC. The third phase of this bill will prohibit the use of a pesticide by state agencies on or after January 1, 2011 that does not fall under the following categories:

1. Pesticides used to maintain safe drinking water;

2. Antimicrobials;

3. Pesticides contained in rodent control baits; or

4. Pesticides which the USEPA has classified as exempt materials.

This bill also requires the development of a comprehensive pest manage- ment plan by NYSDEC which will include methods to address pest popu- lation monitoring, a list of least, toxic pesticides for use prior to January 1, 2011, and a list of non-chemical pest control strategies for use after this date.

The bill gives the state leeway to suspend the provisions of this bill in the event of a human emergency. In the event that the NYSDEC deter- mines that the use of a pesticide is warranted for human health reasons, it may apply to the Commissioner of Health for a suspension of the pesticide plan. The Commissioner of Health may determine that the Use of a pesticide is necessary if:

1. The pest situation poses an immediate threat to human health; and

2. Viable alternatives consistent with the comprehensive pest control plan do not exist.

As a condition of approval, the Commissioner of Health is charged to require a commitment from NYSDEC that the underlying causes of the pest outbreak will be addressed in order to prevent future outbreaks.

In addition, the bill lists exemptions to the pesticide phase-out: 1. pesticides use for agriculture research

2. Rotenone and associated resins used for reclamation of water bodies.

Justification

Pesticides are toxic substances, many of which have adverse health effects. New York State agencies and authorities and their contractors use pesticides that are known to contaminate ground and surface water, cause reproductive or developmental defects, mutagen- ic effects, and are often toxic and/or carcinogenic to humans. The pesticides used pose hazards to the citizens of the State, to persons under State care, to State employees and to the environment by polluting streams, contaminating ground and surface water and by killing wildlife (due to spraying and uncontrolled runoff).

An approach to pest management that relies on a combination of biolog- ical, chemical, cultural and mechanical practices to manage populations by the State is both possible and desirable. A large segment of the agricultural community has been using such practices for years. Restriction of the use of pesticides by the State will not only mitigate the harmful environmental and health effects of these chemicals but may also produce possible cost savings due to the reduction of pesticide use.

Prior legislative history

A.9107-A (1997-98), A.1136-A (1999-2000), A.483-A, passed Assembly (2003), A.5969-A, passed Assembly (2003-2004), A18025 (2005-06),.A.1142 (2007-2008).

Fiscal implications

possible cost savings to the state from decreased use.

Effective date

This act shall take effect immediately.