Bill Text: NY A04596 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires pesticide businesses to submit reports to the department of environmental conservation, which reports shall be in electronic format; changes the annual date by which such department must produce pesticide use and sales reporting data from July first to November thirtieth.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2021-05-10 - substituted by s4596 [A04596 Detail]
Download: New_York-2021-A04596-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4596 2021-2022 Regular Sessions IN ASSEMBLY February 4, 2021 ___________ Introduced by M. of A. ENGLEBRIGHT, COLTON, COOK, L. ROSENTHAL, CARROLL, ABINANTI, OTIS, GLICK, BARRETT -- Multi-Sponsored by -- M. of A. FAHY, GOTTFRIED, HEVESI, J. RIVERA, SOLAGES, STECK, THIELE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to compilation of data on pesticides The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 33-1201 of the environmental 2 conservation law, as added by chapter 279 of the laws of 1996, is 3 amended to read as follows: 4 2. The commissioner shall prepare an annual report summarizing pesti- 5 cide sales, quantity of pesticides used, category of applicator and 6 region of application. Pesticide data shall be compiled and reported by 7 both product name and by active ingredient. The commissioner shall not 8 provide the name, address, or any other information which would other- 9 wise identify a commercial or private applicator, or any person who 10 sells or offers for sale restricted use or general use pesticides to a 11 private applicator, or any person who received the services of a commer- 12 cial applicator. In accordance with article six of the public officers 13 law, proprietary information contained within such record, including 14 price charged per product, shall not be disclosed. The report shall be 15 submitted to the governor, the temporary president of the senate and the 16 speaker of the assembly, and shall be made available to all interested 17 parties. The first report shall be submitted on July first, nineteen 18 hundred ninety-eight and on [July first] November thirtieth annually 19 thereafter. 20 § 2. Paragraph a of subdivision 1 of section 33-1203 of the environ- 21 mental conservation law, as added by chapter 279 of the laws of 1996, is 22 amended to read as follows: 23 a. The commissioner shall, upon written request of an interested 24 party, in printed or electronic form [or on a diskette in computerized25data base format] , as requested by such party provide the information 26 on pesticides submitted to the department pursuant to sections 33-1205 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08606-02-1A. 4596 2 1 and 33-1207 of this title. Such information shall be provided by county 2 or counties, or five-digit zip code or codes as selected by the inter- 3 ested party making the written request. Pesticide data shall be 4 provided by both product name and active ingredient. The commissioner 5 shall not provide the name, address, or any other information which 6 would otherwise identify a commercial or private applicator, or any 7 person who sells or offers for sale restricted use or general use pesti- 8 cides to a private applicator, or any person who received the services 9 of a commercial applicator. In accordance with article six of the public 10 officers law, proprietary information contained within such record, 11 including price charged per product, shall not be disclosed. The 12 provisions of this paragraph shall not apply to the provision of pesti- 13 cide data to the commissioner of health, the health research science 14 board and researchers pursuant to title one-B of article twenty-four of 15 the public health law. 16 § 3. The second undesignated paragraph of subdivision 1 of section 17 33-1205 of the environmental conservation law, as added by chapter 279 18 of the laws of 1996, is amended to read as follows: 19 Such records shall be maintained for a period of not less than three 20 years. All commercial applicators shall file, at least annually, a 21 report or reports containing such information with the department [on22computer diskette or in printed form] in an electronic format developed 23 by the department consistent with system file specifications or on 24 scannable forms developed by the department on or before February first 25 for the prior calendar year. All commercial applicators shall also 26 maintain corresponding records of the dosage rates, methods of applica- 27 tion and target organisms for each pesticide application. These records 28 shall be maintained on an annual basis and retained for a period of not 29 less than three years and shall be available for inspection upon request 30 by the department. 31 § 4. The closing paragraph of paragraph a of subdivision 2 of section 32 33-1205 of the environmental conservation law, as amended by chapter 260 33 of the laws of 1997, is amended to read as follows: 34 Every person who sells or offers for sale restricted use pesticides to 35 private applicators shall file, at least annually, a report or reports 36 containing such information with the department [on computer diskette or37in printed form] in an electronic format developed by the department 38 consistent with system file specifications or on scannable forms devel- 39 oped by the department on or before February first for the prior calen- 40 dar year. The department shall not use the reports filed pursuant to 41 this paragraph for enforcement purposes. 42 § 5. Subdivision 2 of section 33-1207 of the environmental conserva- 43 tion law, as added by chapter 279 of the laws of 1996, is amended to 44 read as follows: 45 2. Such records shall be maintained for a period of not less than 46 three years. All manufacturers and importers shall file an annual 47 report containing such information with the department [on computer48diskette or in printed form] in an electronic format developed by the 49 department consistent with system file specifications or on scannable 50 forms developed by the department on or before February first for the 51 prior calendar year. 52 § 6. This act shall take effect on the sixtieth day after it shall 53 have become a law.
