ASSEMBLY, No. 1444

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  HOLLY T. SCHEPISI

District 39 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywoman Jasey, Assemblymen Caputo, Wolfe, McKeon, Assemblywoman Sumter, Assemblyman Gusciora, Assemblywoman Vainieri Huttle, Assemblymen Wimberly, McGuckin, Giblin, Johnson, Assemblywoman Caride, Assemblymen S.Kean and Rooney

 

 

 

 

SYNOPSIS

     The “Safe Playing Fields Act”; restricts use of lawn care pesticides at child care centers and certain schools, playgrounds, and recreational fields.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning the use of lawn care pesticides at child care centers and certain schools, playgrounds and recreational fields, and supplementing Title 13 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    This act shall be known and may be cited as the “Safe Playing Fields Act.”

 

     2.    As used in this act:

     "Charter school" means a school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.).

     "Child care center" means a child care center licensed pursuant to the provisions of the “Child Care Center Licensing Act,” P.L.1983, c.492 (C.30:5B-1 et seq.).

     "Community association" means a condominium association, a homeowners' association, a cooperative association, or any other entity created to administer or manage the common elements and facilities of a real property development that, directly or through an authorized agent, enters into a contract for improvement of the real property.

     "Lawn care pesticide" means any pesticide labeled, designed or intended for use on lawns, gardens, turf or ornamental plants.

     "Low impact pesticide" means a low impact pesticide as defined pursuant to section 3 of P.L.2002, c.117 (C.13:1F-21).

     "Pesticide" means a pesticide as defined pursuant to section 3 of P.L.2002, c.117 (C.13:1F-21) but shall not include a "low impact pesticide."

     "Playground" means a playground as defined pursuant to section 1 of P.L.1999, c.50 (C.52:27D-123.9).

     "Recreational field" means an athletic playing field.

     "School" means any public school or private school as defined in N.J.S.18A:1-1.

 

     3.    a. No lawn care pesticide shall be applied on the grounds of any child care center, including a playground or recreational field located at the child care center, except that a lawn care pesticide may be applied as an emergency response to eliminate an immediate threat to human health.  Such emergency shall be determined by the chief executive or owner, as appropriate, of the child care center.

     b.    No child enrolled at a child care center shall be permitted access to a pesticide treated area for at least seven hours after the application.

     c.     No later than one year after the effective date of this act, the Commissioner of Environmental Protection, in consultation with the Commissioner of Health and Senior Services, shall adopt rules and regulations in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), concerning pesticide application, record keeping, and staff and parental notification procedures at child care centers consistent with the goal of mitigating potential health risks to young children by reducing or eliminating the use of pesticides, and by first considering the use of low impact pesticides.

 

     4.    No lawn care pesticide shall be applied on the grounds of any school, including a playground or recreational field located at the school, which enrolls students in kindergarten or in any grade between grade one through eight, except that a lawn care pesticide may be applied as an emergency response to eliminate an immediate threat to human health.  Such emergency shall be determined by the superintendent of the school district, the board of trustees of a charter school, or the principal or chief administrator of a private school, as applicable, in consultation with the local health officer, as appropriate.

 

     5.    No lawn care pesticide shall be applied on a playground, except that a lawn care pesticide may be applied as an emergency response to eliminate an immediate threat to human health.  Such emergency shall be determined by the municipal or county governing body in consultation with the local health officer, as appropriate, or by the Commissioner of Environmental Protection, as applicable.

     This section shall not apply to any playground on the grounds of a community association.

 

     6.    This act shall take effect on the first day of the 13th month following the date of enactment.

 

 

STATEMENT

 

     This bill would be known as the “Safe Playing Fields Act,” and would restrict the use of lawn care pesticides on the grounds of any child care center and certain schools, playgrounds, and recreational fields in the State.

     The bill would prohibit pesticide use on the grounds of any child care center, except as an emergency response to an immediate threat to human health, and would restrict child access to pesticide treated areas for at least seven hours after the application.

     In addition, the bill would prohibit the use of lawn care pesticides on the grounds of any school which enrolls students in kindergarten or in any grade between grade one through eight, except as an emergency response to an immediate threat to human health, as determined by school officials, in consultation with the local health officer, as appropriate.

     The bill would also prohibit the use of lawn care pesticides on playgrounds, except as an emergency response to an immediate threat to human health, as determined by the municipal or county governing body in consultation with the local health officer, as appropriate, or by the Commissioner of Environmental Protection, as applicable. However, this provision would not apply to playgrounds located on the grounds of a community association.

     The bill would direct the Commissioner of Environmental Protection, in consultation with the Commissioner of Health and Senior Services, to adopt rules and regulations concerning pesticide application, record keeping, and staff and parental notification procedures at child care centers with the goal of mitigating potential health risks to young children.

     The bill defines a “lawn care pesticide” as any pesticide labeled, designed, or intended for use on lawns, gardens, turf or ornamental plantings, and the definition of “pesticide” excludes low impact pesticides as defined pursuant to current law.

     The bill would take effect on the first day of the 13th month following the date of enactment of the bill into law.