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

The second phase of this bill prohibits the use of any pesticide by state agencies identified as a Toxicity Category II pesticide, a possible human carcinogen, by the USEPA or any pesticide classified as restricted use by the USEPA or New York State Department of Environmental Conservation (NYSDEC) on or after January 1, 2019. The third phase of this bill will prohibit the use of a pesticide by state agencies on or after January 1, 2020 however the following categories are exempted from these provisions;

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 management plan by NYSDEC which will include methods to address pest population monitoring, a list of least toxic pesticides for use and a list of non-chemical pest control strategies.

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 determines 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, mutagenic 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 biological, 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.

Legislative history

2013-2014: S191/A9890 - REFERRED TO ENVIRONMENTAL CONSERVATION 2011-2012: S42 - REFERRED TO ENVIRONMENTAL CONSERVATION 2009-2010: S4043/A5848 - REFERRED TO ENVIRONMENTAL CONSERVATION/passed assembly

Fiscal implications

Possible cost savings to the state from decreased use.

Effective date

This act shall take effect immediately.