Breaking News: April 2001, Industry Fights Notification Law

Even though the 48-hour notification law took effect in New York on March 1, a coalition of 20 industry groups is still fighting by filing suit against three counties in the Empire State that adopted the law, claiming it violates the State Environmental Quality Review Act (SEQRA).

Under SEQRA, proposed legislation that influences public health or the environment cannot be passed without completing an environmental impact study. The coalition claims that neither the state nor the counties that adopted the notification law followed this procedure before passing it. Therefore, the coalition requested an injunction from the state court.

While the coalition’s request for an injunction was denied in early March, both parties’ argued the validity of the law and the assertion that SEQRA was violated because no environmental study was done on March 18. At press time, however, the court had yet to make its ruling.

The legislation, which requires 48-hour notification to neighbors within 150 feet of properties scheduled to be sprayed, was enacted as a statewide law, but legislators granted individual counties adoption rights. However, the counties weren’t allowed to modify the law. So far, Suffolk, Nassau and Westchester counties have adopted the law and are named in the pending suit.

Richard Brodsky (D-Westchester), the state assemblyman who proposed the legislation, said he believes the coalition’s claims are unfounded. "I’m not so sure I understand what environmental research they feel wasn’t done," Brodsky said. "This thing was carefully considered for a couple of years and widely debated. This is well thought out and will be successful."

Fred Langley, manager of state and government relations with Responsible Industry for a Sound Environment, explained that counties will likely review the costs associated with enforcing and managing before deciding to adopt it.

"They want to see what happens in other counties and if the state changes its position about placing the burden on the counties," Langley commented.

MANAGING THE LAW. Each violation of the law carries a $1,000 fine. But with county resources already stretched to the limit, who will police the law?

Michael Bellantoni, executive director of the New York State Turf and Lawn Association, claims that this law is not only difficult to enforce, but also will cause administrative headaches for involved parties.

The State Board of Health asked the Department of Environmental Conservation (DEC) to help enforce the new law, he said. Bellantoni predicts problems will arise when someone sees their neighbor’s yard being sprayed and calls to report that they haven’t been notified. He said, most likely, the situation will not require notification and the DEC will lose money and time.

Brodsky disagreed. "I think giving people notice isn’t particularly difficult," he said.

Lawn care operators have already alerted their customers to price hikes resulting from the new law. A Cornell University study found that it can be anywhere from $39.95 to $188 per account, Bellantoni said.

ALTERNATIVES. Many in the industry agree that notification is an important issue, but feel there are more effective alternatives.

The most popular idea among those in the industry is a voluntary registration system where people who want notification when their neighbor’s lawns are sprayed will sign up to receive it.

"The industry is in favor of it because any person who wishes to be notified can do it on a voluntary basis," Bellantoni said.

This registry was first established in Connecticut, and it generated a high level of positive public response. "At first, the registry was 1½ inches thick, but after a $5 sign up fee, it dwindled to 10 pages," Bellantoni said.

"The impact of this law is that it blow integrated pest management (IPM) out the window," he continued. "It becomes impossible to use IPM with this law."

While the industry and legislators swap arguments, the court ultimately will decide how this issue plays out in New York.

Larry Wilson, government affairs chairperson for the New York State Turf and Landscape Association and chairperson of the industry coalition, said although they have received a lot of support, there’s no way to predict the end result.

"We’re all holding our breath. Our attorney has done extensive research and thinks we’ll win the first round," Bellantoni related.

Because there are so many consequences, other states are likely to pay close attention to the outcome of this case as well. "Just like the blower ban that started in California - it’s an epidemic," Bellantoni said.