N.Y. Green Industry Files Suit Over Notification Law

“We’re asking for a stay in the law because the counties did not follow federal procedures in conducting an environmental impact statement,” said Michael Bellantoni, executive director of the New York State Turf and Landscape Association (NYSTLA - www.nystla.com).

Under SEQRA, any proposed legislation that would impact public health or the environment can’t be passed until an environmental impact study is completed. The coalition is alleging that neither the state nor the counties that have adopted this law followed this procedure before passing the notification law, and is therefore requesting an injunction from the state court.

The legislation - which requires 48-hour notification to neighbors within 150 feet of property that is scheduled to be sprayed with pesticides - was enacted as a statewide law, but the legislators left it up to individual counties to decide if they want to adopt the law. Furthermore, the counties must adopt the law “as is” and aren’t permitted to make any modifications to it. So far, Suffolk, Nassau and Westchester Counties have decided to adopt the law, and therefore have been named in the suit.

Richard Brodsky (D-Westchester), the state assemblyman who proposed the legislation, said he believes that the claims made by the coalition are unfounded.

“I’m not so sure I understand what environmental research they feel wasn’t done,” Brodsky said. “This thing was very carefully considered for a couple of years and widely debated. This is well thought out and will be successful.”

MANAGING THE LAW. Violation of the law carries a $1,000 fine per offense. But, the question is, with county resources already stretched to the limit, who is going to police it?

Bellantoni claims that this law is not only hard to enforce but will also cause administrative headaches for all parties involved.

The County Board of Health has asked the Department of Environmental Conservation (DEC) to help police the new law, he said. The problems, Bellantoni predicts, will arise when someone sees their neighbor’s yard being sprayed and calls to report that they haven’t been notified. Bellantoni said most likely, the situation will turn out to be one that doesn’t require notification, and the DEC will lose money and time on these dead-end claims that it must investigate.

Brodsky, however, disagrees with this assertion.

“I think giving people notice of this kind of stuff isn’t particularly difficult,” he said. “I think generally speaking, people want to obey the law and I think they will.”

Lawn Care Operators (LCOs), on the other hand, have already alerted their customers to price hikes associated with the new law. According to Bellantoni, Cornell University conducted a study to determine LCOs’ costs associated with the new law. The study, he says, found that it can be anywhere from $39.95 to $188 per account.

ALTERNATIVES. Many in the industry agree that pesticide notification is an important issue, but feel there are other, more effective ways to implement the idea.

The most popular idea among those in the industry is a voluntary registration system whereby people who want to be notified when their neighbors’ lawns are being sprayed will sign up to receive notification.

“The industry is in favor of it because any person who wishes to be notified can do that on a voluntary basis,” Bellantoni said. “We believe people should be notified if they want to be.”

Bellantoni said such a registry was first established in Connecticut, and it generated a high level of public response. At first, he said, the registry was an inch-and-a-half thick. But after a $5 sign-up fee was imposed, it dwindled to 10 pages.

“It (the registry) shows you how many people are really concerned,” he says. “It seems that it’s a minority of people (who are concerned), but it’s a minority of people that spend a lot of time getting votes for politicians.”

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

Larry Wilson, government affairs chairperson for the NYSTLA and chairperson of the industry coalition, said although they have received a lot of support from many industries, there’s no way to really know how this will turn out.

“There’s a lot riding on this, but we’re not sure how it’s going to play out,” he said. “We’re all holding our breath.”

The first court date is set for the second week of March.

“Our attorney has done extensive research and thinks we’ll win the first round,” Bellantoni said.