Int. No. 736-A
By Council Members Abreu, Yeger, Gennaro, Holden, Feliz, Louis, Brewer, Krishnan, Marte, Farías, Avilés, Menin, Ayala, Sanchez, Narcisse, Banks, Powers, Cabán, Schulman, Salaam, Rivera, Won, Hanks, Ossé, Williams, Salamanca, Nurse, Ung, Brannan, Joseph, Bottcher, Hudson, Gutiérrez, Restler, De La Rosa, Hanif, Riley, Moya, Dinowitz, Mealy, Vernikov, Paladino and the Public Advocate (Mr. Williams)
A Local Law in relation to establishing a rat contraceptive pilot program
Be it enacted by the Council as follows:
Section 1. Rat contraceptive pilot program. a. Definitions. For the purposes of this local law, the following terms have the following meanings:
Department. The term “department” means the department of health and mental hygiene.
Rat contraceptive. The term “rat contraceptive” means an agent offered for sale that includes a representation that such agent promotes the reduction of reproductive capacity in rats.
Rat mitigation zone. The term “rat mitigation zone” means a zone designated pursuant to section 17-133.2 of the administrative code of the city of New York.
Rat signs. The term “rat signs” means the observable and measurable indicators, established in consultation with at least 1 expert in rodent control, used by the department of health and mental hygiene to determine the presence of rats, including but not limited to burrows, rub marks, runways, tracks, gnaw marks, droppings, and the presence of live rats.
b. Pilot program. The department, in consultation with the department of sanitation and at least 1 expert in rodent control, shall establish a pilot program to deploy rat contraceptives and, as appropriate, any other technology recommended by at least 1 expert in rodent control to reduce the rat population. Such program shall involve the following:
1. The pilot program shall be installed in areas to be designated by the department, provided that each area: (i) include buildings a majority of which are residential; (ii) include buildings a majority of which are required to set out waste in receptacles pursuant to rules promulgated by the department of sanitation; and (iii) be located within a rat mitigation zone. There shall be at least 2 pilot program areas, each of which shall cover at least 10 city blocks in surface area;
2. The department shall designate at least 1 pilot program comparison area that includes building types similar to those included in the pilot program areas, and shall make reasonable efforts to implement similar mitigation efforts, other than the deployment of rat contraceptive, across the pilot program areas and the pilot program comparison area or areas to allow for a controlled comparison;
3. The department shall deploy rat contraceptive at locations in the pilot program areas determined in consultation with the department of sanitation; and
4. For no less than 12 months immediately after the deployment of the rat contraceptive, the department shall perform monthly inspections of each pilot program area and each pilot program comparison area and shall tally all rat signs observed in each area, disaggregated by type of rat sign. During such monthly inspections of the pilot program areas, the department shall track the amount of rat contraceptive in each rat contraceptive dispenser. Any data provided by a vendor that supplies the department with rat contraceptive or other technology for the pilot program pursuant to this section shall be verified by an independent entity.
c. Implementation. The pilot program established pursuant to subdivision b of this section shall commence no later than 180 days after the effective date of this local law. The duration of the pilot program established pursuant to subdivision b of this section shall be no less than 12 months. Prior to the end of the pilot program, the department shall develop a plan for the safe removal of rat contraceptive from the pilot program areas to minimize, to the extent practicable, any increase in the rat population and any impact on residents living in such areas.
d. Report. No later than 180 days after the end of the pilot program established pursuant to this section, the commissioner of health and mental hygiene, in consultation with the commissioner of sanitation and at least 1 expert in rodent control, shall prepare and submit to the mayor and the speaker of the council a report regarding the outcomes of such pilot program and inspections during the period of such program. Such report shall include, but need not be limited to, the following information:
1. The cost of such program;
2. A description of market research performed by the department prior to its selection of a vendor to supply rat contraceptive or other technology for such program;
3. Any challenges experienced by the department and department of sanitation during the implementation of such program;
4. A description of any harm to non-target species caused by such program, if such information is available;
5. Any opportunities identified by the department to reduce its use of rodenticides that are not rat contraceptives;
6. A description of resources needed by the department to deploy rat contraceptives in place of rodenticides that are not rat contraceptives;
7. A table in which each separate row references a unique pilot program area or pilot program comparison area. Each such row shall include the following information, as well as any additional information the commissioner of health and mental hygiene deems appropriate, set forth in separate columns:
(a) A unique identification code for the area;
(b) Whether the area is a pilot program area or pilot program comparison area;
(c) The location of such area; and
(d) A description of the building classes present in such area;
8. A table listing all rat inspections conducted in the pilot program areas and pilot program comparison area or areas in which each separate row corresponds to a unique inspection, including the inspections required by subdivision b and any regular inspections conducted by the department. Each such row shall include the following information, as well as any additional information deemed relevant by the commissioner of health and mental hygiene in consultation with at least 1 expert in rodent control, set forth in separate columns:
(a) A unique identification code for the inspection;
(b) The date of such inspection;
(c) The borough, block, and lot number inspected;
(d) The location of such inspection, described as longitude and latitude; and
(e) The tally of all rat signs observed during such inspection, disaggregated by type of rat sign;
9. A description of the process used by the department to maintain rat contraceptive dispensers;
10. A description of the factors used to determine the placement of rat contraceptive dispensers in the pilot program areas, and if any changes were made to such placements, a description of the reasons for each such change;
11. The frequency with which the department refilled the rat contraceptive dispensers with rat contraceptive;
12. The volume or weight of rat contraceptive loaded into the rat contraceptive dispensers; and
13. A table listing the interventions performed in the pilot program areas and pilot program comparison area or areas in which each separate row corresponds to a unique intervention, including the application of rat contraceptive, any change in sanitation procedures, and any other rat mitigation interventions. Each such row shall include the following information as well as any additional information the commissioner of health and mental hygiene deems appropriate, set forth in separate columns:
(a) A unique identification code for the intervention;
(b) A description of the intervention, including whether it is an application of rat contraceptive, a change in sanitation procedures, or any other rat mitigation intervention;
(c) The dates of such intervention;
(d) The borough, block, and lot number where such intervention was performed; and
(e) The location of such intervention, described as longitude and latitude.
§ 2. This local law takes effect immediately.
Session 13
MBB
LS #12873
09/18/2024 8:40 PM
Session 12
JGP
LS #12873
12/6/2023 10:00 AM