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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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: (Passed) 2023-12-22 - APPROVAL MEMO.77 [S01856 Detail]

Download: New_York-2023-S01856-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1856

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced  by  Sens. HOYLMAN-SIGAL, ADDABBO, BAILEY, BRESLIN, BRISPORT,
          BROUK, CLEARE, COMRIE, GOUNARDES, HARCKHAM, JACKSON, KAVANAGH,  KENNE-
          DY,  KRUEGER,  LIU,  MAYER,  MYRIE,  RIVERA,  RYAN,  SALAZAR, SANDERS,
          SEPULVEDA, SERRANO, STAVISKY -- read twice and  ordered  printed,  and
          when printed to be committed to the Committee on Environmental Conser-
          vation

        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-six, 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 a lack
    13  of commercially available seed that has not been treated with pesticides
    14  with  the active ingredients clothianidin,  imidacloprid,  thiamethoxam,
    15  dinotefuran  or  acetamiprid  or the purchase of seed that complies with
    16  the requirements of this paragraph would result in undue financial hard-
    17  ship to agricultural producers.   Any such  temporary  suspension  shall
    18  specify the type of seed included.
    19    b.  (1)  No  person shall apply or treat outdoor ornamental plants and
    20  turf, except for the production  of  agricultural  commodities,  with  a
    21  pesticide containing:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02118-02-3
        S. 1856                             2

     1    (i)  the  active ingredients imidacloprid, thiamethoxam or acetamiprid
     2  on or after July first, two thousand twenty-five;
     3    (ii)  the  active  ingredients  clothianidin  or dinotefuran effective
     4  immediately.
     5    (2) a. The provisions of this paragraph  shall  not  apply  where  the
     6  commissioner, by written order, determines that:
     7    (i) a valid environmental emergency exists;
     8    (ii)  the pesticide would be effective in addressing the environmental
     9  emergency; and
    10    (iii) no other, less harmful pesticide  or  pest  management  practice
    11  would be effective in addressing the environmental emergency.
    12    b.  Any  such  order  shall  include  the basis for the commissioner's
    13  determination and specify the approved time  period,  geographic  scope,
    14  and  purpose  of  the   permitted use of such pesticide. An order issued
    15  pursuant to this section shall be valid for a period not to  exceed  one
    16  year.
    17    c.  For  the  purposes  of  this subdivision "environmental emergency"
    18  means:  an occurrence of any  pest which presents a significant risk  of
    19  harm or injury to the  environment, or significant harm, injury, or loss
    20  to  agricultural  crops,    including, but not limited to, any exotic or
    21  foreign pest which may need preventative quarantine measures to avert or
    22  prevent that risk, as determined by the department in consultation  with
    23  the department of agriculture and markets.
    24    §  3.  The  department  of environmental conservation, in consultation
    25  with the department of agriculture and markets, New  York  state's  land
    26  grant  university,  and state university of New York college of environ-
    27  mental science and forestry shall conduct a study to identify  practica-
    28  ble  and  feasible  alternatives to the use of pesticides containing the
    29  active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran
    30  or acetamiprid.  The results of the study  shall  be  submitted  to  the
    31  governor,  the  temporary president of the senate and the speaker of the
    32  assembly on or before January 1, 2025 and shall be posted on the depart-
    33  ment's public website.
    34    § 4. This act shall take effect on the ninetieth day  after  it  shall
    35  have become a law. Effective immediately, the addition, amendment and/or
    36  repeal  of  any  rule  or regulation necessary for the implementation of
    37  this act on its effective date are authorized to be made  and  completed
    38  on or before such date.