What's happening
This bill prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides near schools, day care centers, and parks.
Why it matters
Reduces children's exposure to harmful chemicals. by specifically targeting areas where children are present (schools, day care centers, parks, and surrounding routes), acknowledging the greater health risks these substances can pose to developing bodies.
Closes loopholes by including both ground and aerial spraying. , ensuring that restrictions are comprehensive and not limited to just one application method, which could have allowed continued exposure.
Allows for even stricter local or product-specific rules. , meaning that if a pesticide’s label or local regulation is more protective, those higher standards must be followed, creating a potential for greater community-driven protection.
Empowers regulators to make further rules. , giving state agencies the ability to adapt or expand regulations as new risks or circumstances arise, potentially increasing responsiveness to emerging health or environmental concerns.
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Who cares
Headline styles
Ban Toxic Lawn Pesticides
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 29
History
- Referred to environmental conservation
- Referred to environmental conservation
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 Harmful Insecticide Spraying
In Assembly Committee · Environmental Conservation · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2066
2019-2020 Regular Sessions
IN SENATE
January 22, 2019
Introduced by Sens. SERRANO, ADDABBO, HOYLMAN, KENNEDY -- 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 aerial and ground application of malathion and certain pyrethroid-based insecticides
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 37-0115 to read as follows: § 37-0115. Prohibition on the aerial and ground application of malathion
and certain pyrethroid-based insecticides.
1. No person, firm, partnership, association, limited liability company, corporation, municipality or government entity shall allow or implement the aerial or ground application of malathion or the pyrethroidbased insecticides resmethrin and sumithrin:
(a) within one hundred feet of any school, day care center or park; or
(b) on other property when children are commuting to and from school and engaged in outdoor activity.
2. If a more restrictive standard is set forth in the information contained on the label of the pesticide, or by other regulations, including county or local regulations, the more restrictive standard shall apply.
3. For the purposes of this section:
(a) "day care center" means all child day care centers and head start day care centers; and
(b) "school" means any public school district or private or parochial school or board of cooperative educational services.
4. The office is authorized to promulgate such rules and regulations as it shall deem necessary to implement the provisions of this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03564-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to prohibiting the aerial and ground application of malathion and certain pyrethroid-based insecticides
Purpose
This bill seeks to reduce children's pesticide exposure by prohibiting the use of chemicals commonly used by mosquito control trucks around any school, day care, or park.
Summary of provisions
Section one of the bill adds a new section 37-0115 of the Environmental Conservation Law to restrict when and where application of malathion or the pyrethroid-based insecticides resmethrin and sumithrin can be applied, and authorizing localities to enact the more restrictive stand- ard.
Section two of the bill establishes the effective date.
Justification
The full extent of children's risks from aggregate exposure to pesti- cides remains unclear. Still, there is growing evidence of increased susceptibility in infants and children from exposure which may adversely affect the nervous system and immune system. Despite this growing evidence, mosquito control trucks too often fog or spray in and around places where children are currently, or will be present, including schools, day cares, and parks. Moreover, even if children are not pres- ent at the time of the fogging, there is no requirement that items like playground equipment be thoroughly wiped down prior to use. Therefore, to protect the health and well-being of our youth, the prohibition set forth in this legislation seeks to prevent and lessen the potential adverse effects of widespread pesticide spraying, and enhance New York State's school anti-pesticide laws.
Legislative history
2016: S7391- REFERRED TO ENVIRONMENTAL CONSERVATION 2017-2018: S3454- REFERRED TO ENVIRONMENTAL CONSERVATION
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.