NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A958
SPONSOR: Rosenthal L 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 SPECIFIC 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:
2021-22: A.3599 - Referred to Environmental Conservation; S.1400 -
Referred to Environmental Conservation
2019-20: A.7403 - Referred to Environmental Conservation; S.2066 -
Referred to Environmental Conservation
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
958
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred 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 Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 37-0123 to read as follows:
3 § 37-0123. Prohibition on the aerial and ground application of malathion
4 and certain pyrethroid-based insecticides.
5 1. No person, firm, partnership, association, limited liability compa-
6 ny, corporation, municipality or government entity shall allow or imple-
7 ment the aerial or ground application of malathion or the pyrethroid-
8 based insecticides resmethrin and sumithrin:
9 (a) within one hundred feet of any school, day care center or park; or
10 (b) on other property when children are commuting to and from school
11 and engaged in outdoor activity.
12 2. If a more restrictive standard is set forth in the information
13 contained on the label of the pesticide, or by other regulations,
14 including county or local regulations, the more restrictive standard
15 shall apply.
16 3. For the purposes of this section:
17 (a) "day care center" means all child day care centers and head start
18 day care centers; and
19 (b) "school" means any public school district or private or parochial
20 school or board of cooperative educational services.
21 4. The office is authorized to promulgate such rules and regulations
22 as it shall deem necessary to implement the provisions of this section.
23 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01269-02-3
