Regulates use of pesticides on public and private school grounds and daycare facilities

BILL NUMBER:S1787

Title of bill

An act to amend the environmental conservation law and the education law, in relation to regulating the use of pesticides for aesthetic purposes on public and private school grounds

Purpose or general idea of bill

To prohibit the use of pesticides on public and private school grounds and on the grounds of daycare facilities.

Summary of specific provisions

Subdivision 1 of sect 3-0301 of the environmental conservation law is amended by adding a new paragraph kk. The education law is amended by adding a new section 409-1.

Gives a short title allowing the act to be known as "The New York Pesticides-Free Schools Act."

Requires the department of environmental conservation to cooperate with the department of health to promulgate rules and regulations to implement the provisions of this act.

Defines "pesticide," "school," "facilities," daycare facility," and "integrated peat management," and "IPM."

Requires that by the first of September after the section becomes law, all schools and daycare facilities must have an IPM program in place.

Prohibits the application of pesticides on school and daycare grounds after the first of September in the year after the section becomes law except for when an application is necessary to protect the public health, safety, or welfare or to protect the structural integrity of a building or if the application is of bacillus papillae spores. Requires that necessary applications be made outside of business hours, employ the least toxic alternative, and not involve a restricted use pesticide.

Prohibits any child enrolled in the school or daycare to enter an area with a necessary pesticide application until it is safe to do so.

Allows a school district to petition the department of environmental conservation to extend the deadline for pesticide abatement. Requires the department of environmental conservation to promulgate rules and regulations.to implement this section within twelve months of the effective date of this section.

Justification

Children are particularly susceptible to the negative effects of pesticides because of their rapid growth and decreased ability to detoxify toxins. According to the US Environmental Protection Agency and the National Academy of Sciences of the 30 most commonly used

lawn pesticides, 19 have studies that link them with certain cancers, 13 with birth defects, 21 with reproductive effects, and 15 with neurotoxicity or abnormal brain development. A 2003 study on human exposure to toxic chemicals by the Center for Disease Control found that the highest residue levels of pesticides that are commonly used in schools were found in children aged 6-11.

Pesticides can provide public health benefits, but those benefits must be evaluated in the context of the risks to health that they pose. Children spend most of their waking hours in a school setting and the school environment has the potential to affect the long-term health and welfare of our children. The recent prohibition of pesticides on school and daycare grounds in Connecticut has demonstrated that natural pest control methods can be both economical and efficient.

It is wrong to continue to unnecessarily expose New York's children to toxic chemicals where there is no public health or environmental benefit and only a major risk to public health.

Prior legislative history

None.

Fiscal implications

Unknown.

Effective date

The first of September after it becomes law, provided that, effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective