N.Y. Counties Aren't Rushing To Adopt New Pesticide Law

In Erie County, elected leaders are concerned that the state pesticide notification law has been so worked over by industry lobbyists that they may be better off creating a more enforceable, more effective measure of their own.

Meanwhile, in Niagara County, lawmakers think mandatory notification is not needed and would be costly to agricultural businesses.

"We have not considered it, and I don't have any plans to consider it," said Legislator Lee Simonson, R-Lewiston. "I'd need a real hard sell to consider something like this."

The state law is intended to give people who don't want to be exposed to pesticides and herbicides a 48-hour notice to take precautions. It is required for any commercial operator spraying within 150 yards of another's property.

The two counties are not alone in failing to embrace the law signed by Gov. George Pataki in August. No county has adopted the state measure, though three suburban counties around New York City have approved their own alternatives, according to The Buffalo News.

Though the state gave individual counties the option of coming up with their own version of the notification law, it gave no leeway when it comes to notifying schools and day care centers.

The state measure makes it mandatory beginning in March that public and private schools must notify staff and parents at the beginning of every school year if pesticides are going to be used in the building or on its grounds.

State Attorney General Eliot Spitzer has prepared a pamphlet explaining the state law and reminding all counties that whatever they decide to do, Albany is requiring pesticide notification at schools.

In Erie County, Legislator Gregory Olma, D-Buffalo, said he expects that either the state law or a local variation will be ready for consideration by early spring. He has asked county attorneys to draft a bill.

"The state law may be unenforceable," he said. "My concern is to come up with a bill to enforce our goal that won't be picked apart in court."

Bruce Fisher, deputy county executive, said the county is uncertain whether the state law would require it to hire inspectors and create a program to enforce it.

"What we're trying to get is a bill that the environmental community and the lawn-care industry can both work with," Fisher said, "and from our perspective would be something deliverable and enforceable."

Simonson, chairman of the Niagara County Legislature's Health Service Committee, said the state law and any alternative are nonstarters as far as he can tell. "There is no move afoot in Niagara County to implement this law," he said. "We have existing laws on the books that are adequate."

Though the state law exempts farmers and homeowners from the notification requirement, Simonson said Niagara lawmakers remain skeptical.

"This would cause a hardship in the farming community," he said. "Auxiliary industries would be affected."