Bill Text: NY S01856 | 2023-2024 | General Assembly | Amended

Bill Title: Enacts the birds and bees protection act; prohibits the sale of certain pesticides or use of seeds coated with such pesticides; requires the department of environmental conservation to review the latest scientific information concerning certain pesticide active ingredients.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Engrossed) 2023-06-09 - returned to senate [S01856 Detail]

Download: New_York-2023-S01856-Amended.html

                STATE OF NEW YORK

            Cal. No. 1135

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023

          SALAZAR,  SANDERS,  SEPULVEDA,  SERRANO,  STAVISKY  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Environmental  Conservation -- reported favorably from said committee,
          ordered to first and second report, amended on second report,  ordered
          to  a  third  reading,  and  to be reprinted as amended, retaining its
          place in the order of third reading

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          enacting the birds and bees protection act

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

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "birds and bees protection act".
     3    §  2. Section 33-1301 of the environmental conservation law is amended
     4  by adding a new subdivision 13 to read as follows:
     5    13. a. Beginning January first, two  thousand  twenty-seven,  for  any
     6  person  to  sell,  offer for sale or use, or distribute within the state
     7  any corn, soybean or wheat seeds coated or treated with pesticides  with
     8  the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
     9  furan,  or acetamiprid; provided, however, that the commissioner may, by
    10  written order, temporarily suspend the provisions of this  paragraph  at
    11  any  time  based  on  the commissioner's determination, after consulting
    12  with the commissioner of agriculture  and  markets,  that  there  is  an
    13  insufficient  amount of commercially available seed to adequately supply
    14  the agriculture market that has not been treated  with  pesticides  with
    15  the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
    16  furan  or  acetamiprid  or  the  purchase of seed that complies with the
    17  requirements of this paragraph would result in undue financial  hardship
    18  to  agricultural producers.   The commissioner, in consultation with the

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

        S. 1856--A                          2

     1  commissioner of agriculture and  markets,  shall  publish  such  written
     2  order  on or before October first next succeeding the date upon which it
     3  shall become law and reevaluate any  such  determination  on  an  annual
     4  basis.  By  October first of each year, the commissioner shall publish a
     5  written directive a s to whether there shall be such  temporary  suspen-
     6  sion for the forthcoming year. Any such temporary suspension shall spec-
     7  ify the type of seed included and shall apply for one calendar year.
     8    b.  (1)  No  person shall apply or treat outdoor ornamental plants and
     9  turf, except for the production  of  agricultural  commodities,  with  a
    10  pesticide containing:
    11    (i)  the  active ingredients imidacloprid, thiamethoxam or acetamiprid
    12  on or after July first, two thousand twenty-five;
    13    (ii) the active  ingredients  clothianidin  or  dinotefuran  effective
    14  immediately.
    15    (2)  a.  The  provisions  of  this paragraph shall not apply where the
    16  commissioner, by written order, determines that:
    17    (i) a valid environmental emergency exists;
    18    (ii) the pesticide would be effective in addressing the  environmental
    19  emergency; and
    20    (iii)  no  other,  less  harmful pesticide or pest management practice
    21  would be effective in addressing the environmental emergency.
    22    b. Any such order shall  include  the  basis  for  the  commissioner's
    23  determination  and  specify  the approved time period, geographic scope,
    24  and purpose of the  permitted use of such  pesticide.  An  order  issued
    25  pursuant  to  this section shall be valid for a period not to exceed one
    26  year.
    27    (3) The provisions of this paragraph  shall  not  apply  to  pesticide
    28  applications by, or under the supervision of, a certified applicator for
    29  treatment against invasive species in woody plants.
    30    c.  For  the  purposes  of  this subdivision "environmental emergency"
    31  means:  an occurrence of any  pest which presents a significant risk  of
    32  harm or injury to the  environment, or significant harm, injury, or loss
    33  to  agricultural  crops,    including, but not limited to, any exotic or
    34  foreign pest which may need preventative quarantine measures to avert or
    35  prevent that risk, as determined by the department in consultation  with
    36  the department of agriculture and markets.
    37    §  3.  The  department  of environmental conservation, in consultation
    38  with the department of agriculture and markets, New  York  state's  land
    39  grant  university,  and state university of New York college of environ-
    40  mental science and forestry shall conduct a study to identify  practica-
    41  ble  and  feasible  alternatives to the use of pesticides containing the
    42  active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran
    43  or acetamiprid.  The results of the study  shall  be  submitted  to  the
    44  governor,  the  temporary president of the senate and the speaker of the
    45  assembly on or before January 1, 2026 and shall be posted on the depart-
    46  ment's public website.
    47    § 4. This act shall take effect on the ninetieth day  after  it  shall
    48  have become a law. Effective immediately, the addition, amendment and/or
    49  repeal  of  any  rule  or regulation necessary for the implementation of
    50  this act on its effective date are authorized to be made  and  completed
    51  on or before such effective date.