Bill Banning Toxic Pesticides in City Parks and Public Spaces Proposed by New York City
Council Member Kallos Passes Council
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New York, NY— Toxic pesticides will be banned from city parks under a bill passing today sponsored by Council Members Ben Kallos and 31 other Council Members. The bill bans all city agencies from spraying highly toxic pesticides, such as glyphosate (Roundup), and is the most far-reaching legislation to implement pesticide-free land practices in New York City parks and public spaces.
The City’s most heavily used liquid herbicide is glyphosate, sold as Roundup, which represents over 50% of pesticide use by city agencies and was sprayed
1,365 times in 2013, according to a Health Department Report. In contrast, Chicago has reduced pesticide use dramatically, and now
90% of its parks are pesticide-free since 2014. The use of this pesticide poses a health risk for anyone who frequents city parks and playgrounds, as well as, city workers, including city parks employees who come into contact with glyphosate containing chemicals while spraying.
The bill was re-introduced on April 18, 2019 and was heard in January 2020 in the Committee on Health, after receiving support from a veto-proof supermajority of 34 City Council co-sponsors. Since the hearing, the bill lost 2 co-sponsors due to the exits of former Council Members Rafael Espinal and Ritchie Torres.
“Parks should be for playing not pesticides,” said
Council Member Ben Kallos. “All families should be able to enjoy our city parks without having to worry that they are being exposed to toxic pesticides that could give them and their families’ cancer. As a new parent my daughter isn’t allowed to play on the grass, especially because as a baby puts everything in her mouth. I look forward to working with all of our city agencies to ban toxic pesticides and keep our children safe.”
"I’m proud we’re voting on this bill to modernize our pest control and keep New Yorkers safe. It’s important that, as technology changes and evolves, New York City government keeps up. We no longer burn coal in our buildings. We don’t light our offices with gas lamps. And we shouldn’t be using toxic and dangerous chemicals in our public spaces. Now we longer will be. I want to thank the sponsor of the bill and chair of our Contracts Committee, Council Member Ben Kallos, Founder and President of the Black Institute, Bertha Lewis, and all of the community advocates who made this possible, " said
City Council Speaker Corey Johnson.
“Our parks and open spaces are critical to our health when our communities have so few of them, so we have to make sure our city is pushing toward making them safer, greener, and more resilient. But no New Yorker should ever have to be exposed to toxic pesticides and it is long past time that our city ban these dangerous chemicals. Other big cities have found effective methods of reducing pesticide use, and I know we can work with our partners in City Hall to reach a solution that protects our children and families,” said New York City Councilwoman
Carlina Rivera.
Monsanto, the company that marketed glyphosate as Roundup and which has since been acquired by Bayer, was
ordered to pay $78 million by a San Francisco court to Dewayne Johnson, a former school groundskeeper who is terminally ill with cancer that a jury determined was caused in part by the use of Roundup. In a second lawsuit, in March of 2019, a jury ordered
Bayer to pay $80 million to Edwin Hardeman, whose cancer was determined to have been caused, in part, by the use of Roundup on his property.
The proposed legislation would move city agencies to use biological pesticides, which are derived from naturally occurring substances, as opposed to synthetic substances. There is a general acceptance that biological pesticides are usually inherently less toxic than their conventional counterparts and are often more effective at targeting a specific pest. Biological pesticides can also be used in smaller quantities and break-down more rapidly in the environment.
Council Member Kallos first introduced legislation to limit the use of damaging pesticides in City parks in 2015 after hearing from the students at P.S. 290, who expressed concerns over the toxicity and health effects on both humans and animals. Since that original bill was introduced,
glyphosate has been banned or limited in many jurisdictions throughout the world, including Brazil, France, Netherlands, Portugal. In 2017, the state of
California added glyphosate to its official list of chemicals and substances known to cause cancer.
While the original bill derived the list of banned substances from the EPA’s list only, the new legislation includes substances classified as toxic by the EPA and the California Office of Environmental Health Hazard Assessment (OEHHA). Local Law 35 of 2005, banned many substances but failed to include dangerous pesticides such as Round Up (Glyphosate), our new bill will ensure no toxic pesticides are used on city parks, except in very limited emergency situations.
“How empowering it is for my kindergarten students to see concerns about toxic pesticides that evolved during their research about foods in our school cafeteria become legislation that will protect the health and lives of millions and millions of people who use New York City’s parks and public spaces! We hope that the City Council and the Mayor will listen to the call of my former students, “Ban toxic pesticides. Use only nature’s pesticides! Pass a law!” said
Paula Rogovin, retired teacher whose kindergarten class first inspired Council Member Kallos to address toxic pesticides use in our parks.
“Millions of New Yorkers rely on our public parks. Children, seniors, working people, immigrants, and their pets use them every day, but most don't know the weed killer Roundup used in our parks is literally poisoning them. As our report shows, the neighborhoods affected are black and brown communities, such as Idlewild Park in Queens, where 90% of the residents are black. Average New Yorkers can't just go to a park upstate or in Long Island to enjoy the outdoors. Public parks are the backyard for most New York City residents. We have banned plastic bags, we have banned trucks idling, and we have banned Styrofoam. It is high time we ban the weed killer Roundup,” said
Bertha Lewis, President of The Black Institute.
"We strongly support the efforts of Councilman Ben Kallos to advance the transition to non-chemical pest control in all New York City parks. It is particularly important that the use of glyphosate (RoundUp) will be prohibited based on a growing and robust body of science that has determined it to be carcinogenic,” says
Patti Wood, Executive Director of Grassroots Environmental Education, a New York-based non-profit environmental health organization that has been working on the issue of pesticides and children’s health.
“With glyphosate being the poster child for unacceptable hazardous pesticide use around our children and families, this legislation is critically needed to protect the residents and the environment of New York City and advance the adoption of organic land management practices in parks and playing fields,” said
Jay Feldman, executive director of Beyond Pesticides.
“Mounting evidence from independent medical experts suggests that widespread applications of certain pesticides pose unnecessary risks to public health. We welcome the proposal from Councilmembers Kallos and Rivera to protect New Yorkers by limiting pesticide applications on city properties and look forward to working with them on the details of this forward-looking legislation,” said
Eric A. Goldstein, New York City Environment Director at the Natural Resources Defense Council.
NYLPI supports efforts to reduce the use and presence of toxic chemicals in our city. Workers and communities - particularly those that are already overburdened with toxic exposures - will benefit from the passage of this bill. Parks offer refuge and respite to millions of New Yorkers and banning toxic and potentially carcinogenic chemicals from them will help to preserve and enhance the health benefits of green space." said
Christine Appah, Senior Staff Attorney, Environmental Justice Program, New York Lawyers for the Public Interest.
"Pesticides are inherently toxic compounds but their toxic effects are not limited to the intended target. Any reasonable efforts to reduce or eliminate exposure helps protect human health--particularly of those most vulnerable to harm from pesticides: pregnant women and children," said
Ken Spaeth, MD, MPH, Division Chief, Occupational and Environmental Medicine at Northwell Health and Assistant Professor, Zucker- Hofstra Northwell School of Medicine
"Pesticides damage ecosystem health by attacking biodiversity of soil and plants, polluting water, and decimating wildlife. More than that, they’re disruptive to the health and well-being of adults, children and pets. Pesticide exposure has been linked to a significantly increased risk of developing cancer, neurological disorders like Parkinson’s disease, mental health disorders and many more. These chemicals have no place in New York City Parks, which are for many the only green spaces available for nature immersion, physical education, and sports and recreation. Now more than ever, it’s urgent that we understand that we are all connected, and that it’s impossible to poison one organism without poisoning ourselves. It’s time to ban pesticides,"said,
Maya Shetreat, MD, Adult and Pediatric Neurologist, author of The Dirt Cure, and Founder of The Terrain Institute.
"Pesticides interfere with brain development, are linked to cancer, and can disrupt hormones. Passage of Intro 1524 is a critical step towards protecting children’s health by eliminating the use of these chemicals where they live, learn, and play,” said
Sarah Evans, PhD MPH, Assistant Professor
Department of Environmental Medicine and Public Health Icahn School of Medicine at Mount Sinai.
"Richman Law Group affirms its position that biocides impose harmful consequences on the public. Research has shown that biocides such as glyphosate are linked to non-Hodgkin’s Lymphoma as well as other cancers and chronic illnesses. For years, RLG has sought to draw attention to the pervasiveness of glyphosate in the American food supply, and to push back against manufacturers who attempt to mask glyphosate residues in food with marketing terms like “natural” and “pure.” RLG’s glyphosate-related litigation on behalf of non-profit organizations is necessitated by a lack of sufficient legislative or administrative action, and touches all corners of the human and animal food supply. Passage of this bill would benefit all New Yorkers and increase public awareness of the dangers of biocides," said
Kim Richman, founding partner at the Richman Law Group.
“This bill is an important step. It’s about time New York City protected its people, especially children, from glyphosate and other toxic chemicals used in our parks and public spaces. But the situation needs oversight nationally. Glyphosate is now in all our food and water, killing our good gut bacteria and wiping out nutrients in the soil that make plant foods nourishing. Those who are heavily exposed get cancer, and we are all paying a price for allowing its sale and use for convenience and cosmetic purposes without regard to its effects on our health,” said
Jill McManus.
“Glyphosates are like racism, deadly and hiding in everyday life. Monsanto-Bayer used the life of the park, the gardeners, little leaguers and families with picnics - as a cover. Not anymore, “ said Reverend Billy Talen and Savitri D of the Church of the Stop Shopping Choir.
Bill Text: Proposed Int. No. 1524-A
By Council Members Kallos, Rivera, Rosenthal, Cornegy, Powers, Cabrera, Brannan, Cumbo, Richards, Reynoso, Rodriguez, Perkins, Holden, Levine, Constantinides, Grodenchik, Levin, Adams, Barron, Espinal, Ayala, Lander, Chin, Rose, Van Bramer, Treyger, Menchaca, Ampry-Samuel, Moya, Koslowitz, Gibson, Torres, Dromm, Borelli, and the Public Advocate (Mr. Williams)
A LOCAL LAW
To amend the administrative code of the city of New York, in relation to the use of pesticides by city agencies
Be it enacted by the Council as follows:
Section 1. Section 17-1201 of chapter 12 of title 17 of the administrative code of the city of New York, as added by local law number 37 for the year 2005, is amended to read as follows:
§ 17-1201 Application. This chapter shall apply to all pest control activities on property owned or leased by the city, whether such activities are performed by city employees, contractors, [or] subcontractors or any person acting under the direction of such city agency or contractor.
§ 2. Section 17-1202 of chapter 12 of title 17 of the administrative code of the city of New York, as added by local law number 37 for the year 2005, is amended to read as follows:
§ 17-1202 Definitions. For the purposes of this chapter only, the following terms [shall] have the following meanings:
[(1) “Anti-microbial pesticide” shall mean] Anti-microbial pesticide. The term “anti-microbial pesticide” means:
[i]1. disinfectants intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects;
[ii]2. sanitizers intended to reduce the number of living bacteria or viable virus particles on inanimate surfaces, in water, or in air;
[iii]3. bacteriostats intended to inhibit the growth of bacteria in the presence of moisture;
[iv]4. sterilizers intended to destroy viruses and all living bacteria, fungi and their spores, on inanimate surfaces;
[v]5. fungicides and fungistats intended to inhibit the growth of, or destroy, fungi (including yeasts), pathogenic to humans or other animals on inanimate surfaces; and
[vi]6. commodity preservatives and protectants intended to inhibit the growth of, or destroy bacteria in or on raw materials (such as adhesives and plastics) used in manufacturing, or manufactured products (such as fuel, textiles, lubricants, and paints), but not those utilized in the pulp and paper process or cooling towers.
[(2) “Biological pesticide” shall mean] Biological pesticide. The term “biological pesticide” means a pesticide which is a naturally occurring substance that controls pests and microorganisms.
[(3) “City agency” shall mean] City agency. The term “city agency” means a city, county, borough, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury.
[(4) “Contractor” shall mean] Contractor. The term “contractor” means any person or entity that enters into a contract with a city agency, or any person or entity that enters into an agreement with such person or entity to perform work or provide labor or services related to such contract.
Park or other property under the jurisdiction of the department of parks and recreation. The term “park or other property under the jurisdiction of the department of parks and recreation" means public parks, beaches, waters and land under water, pools, boardwalks, marinas, playgrounds, recreation centers and all other property under the jurisdiction, charge or control of the department of parks and recreation.
[(5) “Pest” shall mean] Pest. The term “pest” means:
[i]1. any insect, rodent, fungus, or weed; or
[ii]2. any other form of terrestrial or aquatic plant or animal life or virus, bacteria or other microorganism (except viruses, bacteria or other microorganisms on or in living human or other living animals) which the commissioner of environmental conservation declares to be a pest.
[(6) “Pesticide” shall mean] Pesticide. The term “pesticide” means:
[i]1. any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; or
[ii]2. any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
Playground. The term "playground" means an outdoor area open to the public where children play, which contains play equipment such as a sliding board, swing, jungle gym, sandbox, or see-saw, or which is designated as a play area.
Synthetic substance. The term "synthetic substance" means any substance, other than those naturally occurring in a plant, animal or mineral, that is formulated or manufactured by a chemical process.
§ 3. Section 17-1203 of chapter 12 of title 17 of the administrative code of the city of New York, as added by local law number 37 for the year 2005, is amended to read as follows:
§ 17-1203 Reduction of pesticide use. a. Effective six months after the enactment of the local law that added this section, no city agency or contractor shall apply to any property owned or leased by the city any pesticide classified as Toxicity Category I by the United States environmental protection agency as of April 1, 2005, provided that for any pesticide classified as Toxicity Category I by the United States environmental protection agency after April 1, 2005, no such agency or contractor shall apply such pesticide after six months of its having been so classified, except as provided for in sections 17-1205 or 17-1206 of this chapter.
b. [Effective twelve months after the enactment of the local law that added this section,] Except as provided for in sections 17-1205 or 17-1206 of this chapter, no city agency or contractor shall apply to any property owned or leased by the city:
1. any pesticide classified as a human carcinogen, likely to be carcinogenic to humans, a known/likely carcinogen, a probable human carcinogen, or a possible human carcinogen by the office of pesticide programs of the United States environmental protection agency as of April 1, 2005;
2. any pesticide classified as a human carcinogen, likely to be carcinogenic to humans, a known/likely carcinogen, a probable human carcinogen, or a possible human carcinogen by the office of pesticides programs of the United States environmental protection agency as of the effective date of this clause[except as provided for in sections 17-1205 or 17-1206 of this chapter].
c. [Effective eighteen months after enactment of the local law that added this section,] Except as provided for in sections 17-1205 or 17-1206 of this chapter, no city agency or contractor shall apply to any property owned or leased by the city:
1. any pesticide classified by the California office of environmental health hazard assessment as a developmental toxin as of April 1, 2005[,];
2. any pesticide classified by the California office of environmental health hazard assessment as a developmental toxin as of the effective date of this clause; or
3. any pesticide containing active ingredients listed as known, probably or possibly carcinogenic to humans by the international agency for research on cancer of the world health organization as of the effective date of this clause [except as provided for in sections 17-1205 or 17-1206 of this chapter].
d. Effective eighteen months after the enactment of the local law that added this subdivision, no city agency, contractor or any person acting under the direction of such city agency or contractor shall apply to any playground, or park or other property under the jurisdiction of the department of parks and recreation any pesticide other than a biological pesticide except as provided for in sections 17-1205 and 17-1206 of this chapter.
e. The commissioner may promulgate regulations designating additional pesticides that pose risks to the public health similar to those posed by the pesticides regulated under this section, and providing that the use of such additional pesticides by city agencies and their contractors shall be subject to limitations set forth in such regulations.
[d] f. On [February] June 1, [2007] 2022, and every [February] June 1 thereafter, the department shall submit to the City Council a report listing changes made to the [list] lists of pesticides [classified as a human carcinogen, likely to be carcinogenic to humans, a known/likely carcinogen, a probable human carcinogen, or a possible human carcinogen by the office of pesticide programs of the United States environmental protection agency and the list of pesticides classified as developmental toxins by the California office of environmental health hazard assessment after April 1, 2005] named in subdivisions b and c since the date of the last report submitted pursuant to this section. Such reports shall also include, for each pesticide added to or removed from such classifications, whether and to what extent such pesticide is used by city agencies or contractors in the city of New York, as well as any efforts city agencies have undertaken to reduce or eliminate the use of pesticides pursuant to paragraphs 11, 12, 13 and 14 in section 17-1205.
§ 4. Section 17-1205 of chapter 12 of title 17 of the administrative code of the city of New York, as added by local law number 37 for the year 2005, is amended to read as follows:
§ 17-1205 Exemptions. a. The restrictions established pursuant to section 17-1203 of this chapter shall not apply to the following:
[(1)] 1. pesticides otherwise lawfully used for the purpose of maintaining a safe drinking water supply at drinking water treatment plants, wastewater treatment plants, reservoirs, and related collection, distribution and treatment facilities;
[(2)] 2. anti-microbial pesticides;
[(3)] 3. pesticides applied to professional sports playing fields, golf courses or used to maintain water quality in swimming pools;
[(4)] 4. pesticides used for the purpose of maintaining heating, ventilation and air conditioning systems, cooling towers and other industrial cooling and heating systems;
[(5)] 5. pesticides used for the purpose of rodent control in containerized baits or placed directly into rodent burrows or placed in areas inaccessible to children or pets;
[(6)] 6. pesticides or classes of pesticides classified by the United States environmental protection agency as not requiring regulation under the federal insecticide, fungicide and rodenticide act, and therefore exempt from such regulation when intended for use, and used only in the manner specified;
[(7)] 7. biological pesticides; [and]
[(8)] 8. boric acid and disodium tetrahydrate, silica gels, diatomaceous earth, and nonvolatile insect bait in tamper resistant containers[.];
9. synthetic substances listed as allowed on the United States department of agriculture national list of allowed and prohibited substances;
10. non-synthetic substances, unless listed as prohibited on the United States department of agriculture national list of allowed and prohibited substances;
11. pesticides used to control invasive plant species listed on the New York state invasive plant list in areas that the agency responsible for the property maintains for purposes other than public access;
12. pesticides used to control harmful plant species, as defined by the New York state department of environmental conservation, found growing on City property maintained for purposes of public access;
13. pesticides used when the agency responsible for the property determines alternative treatments to be a worker safety hazard related to vehicular traffic; and
14. pesticides used to comply with a state or federal mandate or permit requirement.
§ 5. Section 17-1206 of chapter 12 of title 17 of the administrative code of the city of New York, as added by local law number 37 for the year 2005, is amended to read as follows:
§ 17-1206 Waiver. Any city agency, including the department, is authorized to apply to the commissioner for a waiver of the restrictions established pursuant to section 17-1203 of this chapter. Such application shall be in a form and manner prescribed by the commissioner and shall contain such information as the commissioner deems reasonable and necessary to determine whether such waiver should be granted. Upon submitting an application for a waiver, the agency requesting the waiver shall notify by email the president of the borough in which pesticides may be applied pursuant to such waiver, the council member in whose district pesticides may be applied pursuant to such waiver, and the community board for the community district in which pesticides may be applied pursuant to such waiver, and publish notification of such waiver request in the City Record. In determining whether to grant or deny a request for a waiver, the commissioner shall consider whether the application of 17-1203 would be, in the absence of the waiver, unreasonable with respect to (i) the magnitude of the infestation, (ii) the threat to public health, (iii) the availability of effective alternatives and (iv) the likelihood of exposure of humans to the pesticide. Such waiver may be issued with respect to one or multiple applications and may be granted for a term deemed appropriate by the commissioner, provided, however, that such term shall not exceed one year. Within thirty days of granting a waiver, the department shall post the waiver application in its entirety to the department’s website, and the agency receiving the waiver shall notify by email the president of the borough in which pesticides will be applied pursuant to such waiver, the council member in whose district pesticides will be applied pursuant to such waiver, and the community board for the community district in which pesticides will be applied pursuant to such waiver, and provide the pest management committee, as established by section 1204 of this chapter, with a copy of such waiver.
§ 6. This local law takes effect immediately, provided that the prohibition on use of any pesticide the use of which was not prohibited prior to the enactment of this local law shall take effect 180 days after the effective date.
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