A 1649: Requires the department of environmental conservation and the department of health to establish certain standards related to the cleaning of playground equipment after pesticide exposure.

  
  STATE OF NEW YORK ________________________________________________________________________ 1649 2025-2026 Regular Sessions  IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Tourism, Parks, Arts and Sports Development AN ACT to amend the parks, recreation and historic preservation law, in relation to the cleaning of playground equipment after pesticide expo- sure The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The parks, recreation and historic preservation law is 2 amended by adding a new section 29.17 to read as follows: 3 § 29.17 Cleaning of playground equipment after pesticide exposure. 1. 4 As used in this section, the following terms have the following mean- 5 ings: 6 (a) "Municipality" shall mean a city, county, town or village, or an 7 improvement district within a city, county, town or village or any 8 combination thereof. 9 (b) "Office" shall mean the state office of parks, recreation and 10 historic preservation. 11 (c) "Park playground equipment" shall mean playground equipment which 12 is located within a playground operated by any municipality or office. 13 (d) "Pesticide" shall have the same meaning as in subdivision thirty- 14 five of section 33-0101 of the environmental conservation law. 15 2. The department of environmental conservation in consultation with 16 the department of health shall establish the minimum distance between 17 playground equipment and the spraying of a pesticide at which such 18 equipment will not be exposed to such pesticides. 19 3. Following the spraying of any pesticide by or on behalf of any 20 municipality or office, the municipality or office shall clean all park 21 playground equipment located less than the minimum distance established 22 by the department of environmental conservation and the department of 23 health. The municipality or office shall make a reasonable effort to 24 clean the equipment immediately following pesticide application, but EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02306-01-5 
 A. 1649 2 1 shall be required to clean the equipment within twenty-four hours of the 2 application. The department of environmental conservation and the 3 department of health shall establish the best practice for cleaning 4 playground equipment to remove pesticide residue. 5 4. For purposes of this section the use of an aerosol product with a 6 directed spray, in containers of eighteen fluid ounces or less, when 7 used to protect individuals from an imminent threat from stinging and 8 biting insects including venomous spiders, bees, wasps, and hornets, 9 shall be exempt. This section shall not exempt the use of any fogger 10 product or aerosol product that discharges to a wide area. 11 5. Nothing contained in this section shall be construed to restrict 12 the power of a city with a population of one million or more to adopt 13 and enforce local laws that comply with at least the minimum applicable 14 standards set forth in this section. 15 § 2. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law. Effective immediately, the addition, amend- 17 ment and/or repeal of any rule or regulation necessary for the implemen- 18 tation of this act on its effective date are authorized to be made and 19 completed on or before such effective date.