BILL NUMBER: S1059A
SPONSOR: SERRANO
 
PURPOSE:
This bill would reduce children's pesticide and insecticide exposure by
prohibiting the aerial and ground application of malathion and certain
pyrethroid-based insecticides within. 100 feet of any school, day care
center, or park. This bill also prohibits the use of such insecticides
within a park which allows municipalities to use a more restrictive
standard if one is set forth.
 
SUMMARY OF PROVISIONS:
Section one of the bill adds a new title 12 under Article 37 of the
Environmental Conservation Law to:
*Restrict where the application of malathion and certain pyrethroidbased
insecticides can be applied
*Provide definitions for day care center, park, and school
*Prohibit the use of certain insecticides within 100 feet of any park,
day care center, and school and prohibit such insecticides within parks;
*Allows municipalities to use a more restrictive standard if one is set
forth; and
*Allows for an emergency exception.
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
2019-2020: S2066 - REFERRED TO ENVIRONMENTAL CONSERVATION
2021-2022: S1400 - Referred to Environmental Conservation
2023-2024: S719 - REFERRED TO ENVIRONMENTAL CONSERVATION
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take on the 180th day after it shall have become a law.