STATE OF NEW YORK
        ________________________________________________________________________

                                          5949

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
          tee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the application of pesticides to certain local freshwater
          wetlands

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 24-0513 to read as follows:
     3  § 24-0513. Local freshwater wetlands pesticide prohibition.
     4    A  local  government  that  has  implemented  a  freshwater   wetlands
     5  protection  law  or ordinance in accordance with section 24-0501 of this
     6  title may adopt a local law or ordinance to prohibit the application  of
     7  pesticides  to  wetlands  it regulates; provided, however, that any such
     8  law or ordinance shall  not  prohibit  pesticide  applications  for  the
     9  control of invasive species identified pursuant to title 17 of article 9
    10  of  this chapter, pests of significant public health importance, noxious
    11  weeds designated by the department as injurious to ecosystem health,  or
    12  for  the  protection of critical native plant species.  Any local law or
    13  ordinance adopted pursuant to this section  shall  take  effect  on  the
    14  first day of January after it shall have been adopted.
    15    §  2.  This  act shall take effect on the ninetieth day after it shall
    16  have become a law.



         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09966-01-3