Environmental Forum: Feb. 2001, Stepping Up To The Plate

A New York State law signed with much fanfare last August by Governor George Pataki has resulted in only three counties - Suffolk, Nassau and Westchester - preparing to adopt a law requiring neighbors to be notified 48 hours before pesticides are applied within 150 feet of their properties. A key provision of the legislation requires each county to hold a public hearing before voting to adopt the law with no modifications.

Thankfully, one of the reasons for the lack of county response is a coalition of green industry and agriculture interest groups and organizations working together to inform county legislators of this burdensome law’s inappropriate nature.

TAKING ACTION. In an effort to assist the regulated community, Responsible Industry for a Sound Environment (RISE) organized a workshop on the neighbor notification legislation in early November at the New York State Turfgrass Association’s annual meeting. The workshop was moderated by myself and included presentations on the proposed rule by New York’s Department of Environmental Conservation, a discussion on how county government works to pass laws by RISE lobbyist Barbara Ahern and discussions by the New York State Farm Bureau, lawn care companies and state association executives on tactics and talking points to educate and inform the industry about the legislation. Key strategies to consider include:

  • Contact county legislators by phone, letter or in person to discuss the legislation’s impact on landscape contractors and their customers. Some contractors have surveyed customers and found they don’t support the legislation.


  • Discuss alternatives to the legislation such as a voluntary registry for those who want to be notified.


  • Discuss implications and costs to the county if it adopts the law.

The session concluded with a discussion on how to keep people aware of county activity so the industry can be part of the legislative process and stop additional counties from adopting the law.

With the assistance of RISE, a statewide notification mechanism called County Watch has been set up in New York to monitor county legislative agendas and communicate regularly with coalition members. The group held a follow-up meeting in December to review progress, share experiences and prioritize which of New York’s 62 counties to target.

The group is becoming aware that there is strength in working together and is encouraged that the agricultural community, while not currently impacted, is willing to join the green industry in opposing adoption of neighbor notification laws.

We have learned the value of engaging the customer base in the debate by making them aware of the proposed legislation and the impact it will have on them. Many customers have even called and/or visited their county legislators to express their displeasure with the law.

Customers are an untapped ally our industry needs to engage when key issues impact them as well as contractors.

Another lesson has been the realization that there are no negatives for politicians voting for laws detrimental to the green industry. Activists are often able to make politicians pay a cost for opposing their views. They issue press releases that criticize those who don’t support them or work to oppose them at election time. We must find ways to neutralize these impacts by creating an equal “cost” to politicians not willing to consider industry positions.

Once there is equality on both sides, perhaps the debate will return to the merits and science of the issues.

The green industry has its work cut out for it in dealing with the neighbor notification law. Continuing to be involved at the local level is essential and is no longer something that only others can do. Everyone needs to be engaged in this issue to protect their business and their future.

The author is State Government Relations Manager for RISE. For more information on this legislation and how to voice your concerns, contact John Boltz at 518/371-2790; Don Burton, New York State Lawn Care Association at 716/494-1466; or Mike Maffei at 518/783-1229 or 914/279-7179.

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February 2001
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