What's happening
This bill prohibits most pesticide use at children's overnight and summer day camps, with certain exceptions and emergency provisions.
Why it matters
Expands Protections for Children. By restricting pesticide use at children's camps, the bill aims to reduce kids' exposure to potentially harmful chemicals during formative years, which could lower health risks such as asthma, allergies, and developmental issues.
Promotes Safer Alternatives. The legislation encourages camps to use non-chemical or less toxic pest control methods, potentially driving innovation and demand for safer pest management solutions in environments where children gather.
Allows for Emergency Exceptions. The bill includes provisions for emergency pesticide applications when necessary, establishing a process for rapid response and oversight to ensure that exceptions are justified and documented, balancing health protection with practical needs.
Creates a New Regulatory Standard. By requiring guidance and coordination among multiple state agencies, this law could serve as a model for other jurisdictions, influencing broader policy shifts around pesticide use in child-centered and recreational settings.
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Who cares
Headline styles
Ban Pesticides at Kids’ Camps
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
History
- Print number 1145a
- Amend and recommit to health
- Referred to health
- Referred to health
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Pesticides at Kids' Camps
Assembly Floor Calendar · Sponsor Amy Paulin
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1145--A
2019-2020 Regular Sessions
IN SENATE
January 11, 2019
Introduced by Sens. CARLUCCI, ADDABBO, HOYLMAN, METZGER, SAVINO, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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 Assembly, do enact as follows:
Section 1. Section 1396 of the public health law is renumbered section 1397 and a new section 1396 is added to read as follows:
§ 1396. Pesticide alternatives. 1. For purposes of this section "pesticide" shall have the same meaning as set forth in subdivision thirty-five of section 33-0101 of the environmental conservation law, provided however that it shall not include:
(a) the application of anti-microbial pesticides and anti-microbial products as defined by FIFRA in 7 U.S.C. Section 136 (mm) and 136 q (h) (2);
(b) the use of an aerosol product with a directed spray, in containers of eighteen fluid ounces or less, when used to protect individuals from an imminent threat from stinging and biting insects, including venomous spiders, bees, wasps and hornets;
(c) the use of non-volatile insect or rodent bait in a tamper resistant container;
(d) the application of a pesticide classified by the United States Environmental Protection Agency as an exempt material under 40 CFR Part 152.25;
(e) the use of boric acid and disodium octaborate tetrahydrate; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00602-05-0
S. 1145--A 2
(f) the use of horticultural soap and oils that do not contain synthetic pesticides or synergists.
2. No camp defined in subdivisions one and two of section thirteen hundred ninety-two of this article, or children's non-regulated camp defined in section three hundred ninety-eight-f of the general business law, shall apply pesticide to any playgrounds, turf, athletic or playing fields, other than those on publicly-owned or publicly-leased property in a city of more than one million, except that an emergency application of a pesticide may be made as determined by the county health department or for a county not having a health department, such authority as the county legislature shall designate, the commissioner or his or her designee or the commissioner of environmental conservation or his or her designee. If a response to a request for an emergency application of pesticide is not received by a camp within twenty-four hours, such camp may contract with a pesticide applicator certified under section 33-0905 of the environmental conservation law for a single application of pesticide, provided that the camp submit documentation of the emergency pesticide application to the county health department or the commissioner immediately thereafter. Such documentation shall include an explanation of the emergency, the date on which the camp requested approval for an emergency application of pesticide, the date and time the pesticide was applied, the pesticide or pesticides applied, and the name of the certified pesticide applicator who applied the pesticide.
3. The commissioner shall have the power to exempt from this section any camp defined in subdivisions one and two of section thirteen hundred ninety-two of this article to the extent that it is not practicable to use pesticide alternatives as defined in subdivision one of this section.
§ 2. Subdivision 7 of section 33-0303 of the environmental conservation law, as added by chapter 85 of the laws of 2010, is amended to read as follows:
7. The commissioner, in consultation with the commissioner of education and the commissioner of health, shall develop guidance on pesticide alternatives to facilitate compliance with section four hundred nine-k of the education law [and], three hundred ninety-g of the social services law and thirteen hundred ninety-six of the public health law.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law. Effective immediately the department of health and the department of environmental conservation may promulgate any rule or regulation necessary for the timely implementation of this act on its effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To extend New York State's school anti-pesticide laws to children's overnight and summer day camps. This act will ensure that no children's overnight or summer day camp applies pesticide to any playground, turf, athletic or playing field.
Summary of specific provisions
Section 1 amends the public health law by renumbering section 1396 as section 1397 and by adding a new section 1396. Section 1396 defines "pesticide" as set forth in subdivision thirty-five of section 33-0101 of the environmental conservation law. Additionally, pesticide alterna- tives which are not included in the definition of "pesticide" are list- ed. The section also provides that no camp, as defined in subdivisions one and two of section 1392 of the public health law or children's non- regulated camp defined in section 398-f of the general business law, shall apply pesticide to any playground, turf, athletic or playing fields except when a need for emergency application of a pesticide has been established.
Read the full memo (706 words)
In the event that a camp requests approval for an emergency application of pesticide and does not receive a response to their request within twenty-four hours, the camp may contract with a certified pesticide applicator for a single application of pesticide to address the emergen- cy. The camp must provide the county health department with documenta- tion of the pesticide application immediately thereafter.
Property on publicly-owned or publicly-leased property in a city of more than one million is exempt from this regulation. This section also provides that the commissioner shall have the power to exempt from this section any children's overnight camp or summer day camp to the extent that it is not practicable to use pesticide alternatives.
Section 2 amends subdivision 7 of section 33-0303 of the environmental conservation law, to extend the existing provisions related to, guidance on pesticide alternatives to summer camps.
Section 3 provides the effective date.
Justification
New York State has already enacted anti-pesticide laws for public and non-public schools. As the American Academy of Pediatrics reported in 2012, "childhood exposure to pesticides is associated with pediatric cancers, decreased cognitive functions and behavioral problems." The National Academy of Sciences has also reported that 39% of all neurobe- havioral disorders in children are caused by toxic exposures in the environment and that another 25% are cause by interactions between the environmental factors and genetics. Anti-pesticide legislation does not currently apply to children's over- night or summer day camps, where children play and spend time, exactly as they do in school. This bill with ensure that children can play in a safe and chemical-free environment, while taking into consideration emergency situations, in which the use of pesticide is determined as necessary by the competent authority for public safety reasons.
Because the bill only prohibits the application of pesticides to any playground, turf, athletic or playing fields, camps will still be able to apply pesticides in other areas of a camp where it might be necessary to prevent or eliminate insects or rodents, such as kitchens and the outside perimeter of cabins.
The bill contains an exemption for camps held on lands owned or leased by cities of more than a million people, such as New York City. Addi- tionally, the bill gives the power to the health commissioner to exempt camps to the extent that it is not practicable to use pesticide alterna- tives (e.g. camps operated on land which they do not fully control or maintain).
Prior legislative history
A.441 in 2017 and 2018, advanced to third reading cal.24 in 2017, ordered to third reading cal.38 in 2018.
Same as 5.1371 in 2017 and 2018, referred to health.
A.129 of 2015 and 2016, passed in the assembly both years. A.4841 of 2013 and 2014, passed in the assembly both years. Same as 5.1420 of 2015 and 2016, referred to health. S.5288 of 2013 and 2014, referred to health.
Fiscal implications
None to the State.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.