N.Y. Comp. Codes R. & Regs. tit. 6 § 325.42

Current through Register Vol. 46, No. 25, June 18, 2024

Section 325.42 - Glyphosate use on state property

(a) Definitions. As used in this section, the following terms have the following meanings:

(1) "Contractor" means any person that agrees to conduct work under the terms of a contract with a state department, state agency, or public benefit corporation.

(2) "Critical infrastructure" means systems, assets, places, environmental resources, or things so vital to the State that the disruption, incapacitation or destruction of such systems, assets, places, or environmental resources, could jeopardize the health, safety, welfare, or security of the State, its residents, its environment, or its economy.

(3) "Critical native plant species" means any plant species identified by the New York State Natural Heritage Program under Environmental Conservation Law Section 11-0539 with a subnational ranking as critically imperiled, imperiled, or vulnerable; or any plant species identified as endangered, threatened, or rare in 6 NYCRR Section 193.3 under Environmental Conservation Law Section 09-1503; or as identified by the Department.

(4) "Ecosystem" means a dynamic complex of plant, animal, and microorganism communities and the nonliving environment, interacting as a functional unit.

(5) "Ecosystem health" means the ability of the ecosystem to be stable or resilient to stress primarily caused by human activities.

(6) "Habitat" means the environment in which a plant, animal, or other organism lives and grows.

(7) "Invasive species" means any species identified under Environmental Conservation Law Section 9-1709 or as identified by the Department.

(8) "Location" means the physical address of the property on which the pesticide is applied or, if a specific physical address does not exist a description of the application area including street names, county, municipality, zip code, and other identifying features.

(9) "Noxious plant" means any plant that can directly or indirectly injure or cause damage to natural resources or the environment.

(10) "Pests of significant public health importance" means any pest recognized as a pest of concern to a local, state, or federal public health program or the Department; for example, Giant Hogweed, Poison Ivy, and ticks.

(11) "Public benefit corporation'' means a corporation organized to construct or operate a public improvement wholly or partly within the state, the profits from which inure to the benefit of this or other states, or to the people thereof.

(12) "State agency" means any executive or regulatory body of New York State designated as an agency.

(13) "State department" means any state agency designated as a "department" by name.

(14) "State property" means any New York State-owned real property operated by a state department, state agency, or public benefit corporation, including only surface waters of the State that are fully contained within the boundaries of New York State-owned real property operated by a state department, state agency, or public benefit corporation.

(15) "Subcontractor" means any person that agrees to conduct work under the terms of a contract for a contractor hired by a state department, state agency, or public benefit corporation.

(16) "Target area" means a general description of the area where the pesticide application is anticipated to occur.

(b) Requirements: As provided in subdivision 12 of Environmental Conservation Law Section 33-1301, any state department, state agency, public benefit corporation, contractor, or subcontractor may only apply glyphosate on state property if the state department, state agency or public benefit corporation demonstrates that all of the conditions in paragraphs one through five of this subdivision are met prior to such application.

(1) The state department, state agency or public benefit corporation must document that the application is necessary for one of the uses listed in subparagraphs 325.42(b)(1)(i) through (iv) below:

(i) to maintain critical infrastructure;

(ii) to maintain roadside vegetation to ensure public safety;

(iii) to manage habitat for one of the following purposes listed in clauses 325.42(b)(1)(iii) 'a' through 'd' below:

(a) control invasive species:

(b) control pests of significant public health importance;

(c) control noxious plants injurious to ecosystem health; or

(d) protect critical native plant species; or

(iv) conduct research into the environmental motility of glyphosate or to develop suitable alternatives to glyphosate for agricultural and environmental uses.

(2) The state department, state agency, or public benefit corporation must develop a human exposure assessment documenting that there will be no actual or significant threat of direct human exposure to glyphosate. This human exposure assessment must address:

(i) Potential settings and pathways of exposure to glyphosate for pesticide applicators, on-site workers, and the public;

(ii) Procedures used to prevent direct human exposures to glyphosate including:

(a) Following precautionary statements contained in the pesticide label directions; and

(b) Implementing site-specific human exposure precautions warranted for the specific application. Site specific human exposure precautions may include the use of visual markers, barriers, or other means to prevent human exposure to glyphosate; and

(iii) An update to the human exposure assessment, prior to the application of glyphosate, if any conditions of the human exposure assessment are modified.

(3) Any person that applies glyphosate on state property for or on behalf of a state department, state agency, or public benefit corporation must apply glyphosate in accordance with the procedures described in the human exposure assessment developed by the state department, state agency, or public benefit corporation for which or on whose behalf glyphosate is being applied.

(4) The state department, state agency or public benefit corporation must develop a glyphosate alternatives analysis demonstrating that there are no effective and practicable alternatives to the use of glyphosate. This glyphosate alternatives analysis must address, at a minimum, the following factors related to using glyphosate and its alternatives:

(i) a description of costs;

(ii) resource requirements for pest control;

(iii) availability of pesticide products;

(iv) toxicity to humans and non-target organisms;

(v) environmental effects; and

(vi) an update to the glyphosate alternatives analysis, prior to the application of glyphosate, when any of the conditions of the glyphosate alternative assessment are modified.

(5) Any person that applies glyphosate on state property for or on behalf of a state department, state agency, or public benefit corporation must apply glyphosate in accordance with the glyphosate alternative analysis developed by the state department, state agency, or public benefit corporation for which or on whose behalf glyphosate is being applied.

(c) Documentation. A state department, state agency, or public benefit corporation seeking to apply or hire a contractor or subcontractor to apply glyphosate on state property, must document prior to the application that all the conditions in subdivision 325.42(b) are met.

(1) This documentation must include the following information: (i) the planned date(s) or date range of the application(s);

(ii) the justification(s) for the application as required by paragraph 325.42(b)(1);

(iii) a description of the target area(s);

(iv) the target pest(s);

(v) the human exposure assessment as required by paragraph 325.42(b)(2); and

(vi) the glyphosate alternatives analysis as required by paragraph 325.42(b)(4).

(2) This documentation must be kept for a minimum of three years following the date(s) of the application(s) and must be available for inspection upon request by the department.

(d) Reporting. When glyphosate is applied to state property, the state department, state agency, or public benefit corporation must send an annual glyphosate use report to the department by January 15 for the prior calendar year.

(1) This report must be in a digital or electronic format established or accepted by the department and include the following information:

(i) official name of the state department, state agency, or public benefit corporation;

(ii) pesticide agency or pesticide business registration number, if applicable;

(iii) pesticide product name;

(iv) the United States Environmental Protection Agency registration number of the pesticide product;

(v) amount of pesticide product applied; and

(vi) location of application.

(2) A copy of this report must be kept for a minimum of three years following the date(s) of the application(s) and must be available for inspection upon request by the department.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 325.42

Adopted New York State Register May 3, 2023/Volume XLV, Issue 18, eff. 5/3/2023