Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides within one hundred feet of any school, day care center or park.
Summary
This bill would amend New York’s Environmental Conservation Law to create a new title prohibiting the aerial and ground application of malathion and certain pyrethroid-based insecticides in and around places where children and the public are likely to be present. Specifically, it bars these applications within any park and within 100 feet of any school, day care center, or park. The bill defines “school,” “park,” and “day care center” for purposes of the restriction.
The bill also establishes an emergency exception. In an emergency, the least toxic pyrethroid pesticide available, as determined by the Department of Environmental Conservation, may be used if the emergency is determined by the appropriate county or school authority. Any emergency application must be timed to minimize children’s exposure, preceded by public notice, and accompanied by signage. The department is authorized to adopt regulations to implement the law, and the act would take effect 180 days after becoming law.
Impact
The bill would add new pesticide-use restrictions to the Environmental Conservation Law, creating enforceable setback and location-based prohibitions for malathion and certain pyrethroid insecticides near parks, schools, and child care facilities. It would affect pesticide applicators, municipalities, government entities, schools, and property owners or contractors conducting spraying, while also giving the Department of Environmental Conservation rulemaking authority and preserving stricter local, county, or label-based standards where they already exist.
Sentiment
The available context suggests generally supportive sentiment toward the bill’s public-health and child-safety goals, as reflected by its sponsorship and committee advancement. No vote record or committee transcript is provided, so there is no evidence of recorded opposition or debate in the supplied materials. The bill appears framed as a precautionary measure to reduce exposure to potentially harmful insecticides in sensitive areas.
Contention
The main potential point of contention is the balance between pesticide regulation and the need for emergency pest control. The bill allows emergency use of the least toxic pyrethroid pesticide, but only under specified authority and with notice and signage requirements, which may be viewed as either necessary safeguards or as burdensome limits by applicators, municipalities, or facility operators. Another possible issue is the breadth of the 100-foot buffer and the inclusion of both aerial and ground applications, which could affect routine maintenance and pest management practices near schools, day care centers, and parks.
Same As
Prohibits the aerial and ground application of malathion and certain pyrethroid-based insecticides within one hundred feet of any school, day care center, park, or on other property when children are commuting to and from school or are engaged in outdoor activity.