Time is running out for the Erie County, N.Y. Pesticide Neighbor Notification Law.
The hotly contested environmental reform of a year ago will expire unless it is renewed by the Erie County Legislature by Dec. 16 and signed by County Executive Joel Giambra before Dec. 31. And it must be introduced no later than Wednesday or require a special session.
The law was adopted to protect families and pets from being unknowingly exposed to toxic chemicals found in pesticides. It passed in December 2003 with a one-year sunset provision – when the Erie County Environmental Management Council was to evaluate the program. The council issued a report Oct. 1, recommending the law's renewal.
"If the Erie County Legislature fails to renew this law in time, they will have failed in their responsibilities to the people of Erie County," said Melinda Sobin, regional environmental advocate for the New York Public Interest Research Group.
"Erie County residents have clearly voiced their demand for the right to know about pesticide use in their neighborhoods," she said.
Legislator Barry Weinstein, an ardent supporter a year ago, said he believes the law has been ineffective.
"Lawn care companies were sending a blanket notification saying they could be out in 20, 30, 40 days. It was a meaningless notification," Weinstein said.
The law requires pesticide companies to provide advance, 48-hour written notice to neighbors within 150 feet of most spray-type lawn pesticide applications. Instead, Weinstein favors a voluntary program in which the industry would notify neighbors within a particular distance of a property being sprayed. Weinstein also conceded such a voluntary program two years ago was a failure.
The program generated requests from 12,000 Erie County residents for placement on the registry, surpassing expectations. But a later evaluation determined nearly three-quarters never received advance notice, and there was no legal authority to make the industry comply.
Weinstein believes the new industry-backed proposal will be more effective.
"I think it's worth a try. If it's not better, we can always pass the law we have now next year," Weinstein said.
Legislator Lynn Marinelli, a supporter of the current law who is undecided whether to renew it, said the issue has been eclipsed by the budget battle. But she noted the issue had a full hearing in October in the Environment Committee and hasn't been forgotten.
"We realize this is on our radar screen. But right now our complete and total attention is on trying to solve the count's budget crisis," Marinelli said.