Bill Text: NY S02431 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 2431 (Prior Session Legislation)

Introduced

Bill Title: Permits a municipality to adopt local laws, ordinances and regulations, beyond regulation afforded by the state, which may be more stringent and may not be less stringent than those of the state, subject to certain limitations, concerning the use of pesticides and notifications relating to their use.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO ENVIRONMENTAL CONSERVATION [S02431 Detail]

Download: New_York-2011-S02431-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2431
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   January 20, 2011
                                      ___________
       Introduced  by  Sens.  OPPENHEIMER,  KRUEGER  --  read twice and ordered
         printed, and when printed to be committed to the Committee on Environ-
         mental Conservation
       AN ACT to amend the environmental conservation law, in relation to local
         authority to enact pesticide ordinance
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section  33-0303 of the environmental
    2  conservation law is amended to read as follows:
    3    1. Jurisdiction in all matters pertaining to the  distribution,  sale,
    4  use,  and  transportation  of  pesticides[,] is, by this article, vested
    5  [exclusively] in the commissioner; PROVIDED, HOWEVER, THAT  ANY  MUNICI-
    6  PALITY  MAY  ADOPT LOCAL LAWS, ORDINANCES, OR REGULATIONS CONCERNING THE
    7  USE OF PESTICIDES AND NOTIFICATION RELATING TO  THE  USE  OF  PESTICIDES
    8  THAT  ARE  NOT  INCONSISTENT WITH THIS ARTICLE OR WITH ANY RULE OR REGU-
    9  LATION PROMULGATED PURSUANT TO THIS ARTICLE; AND PROVIDED  FURTHER  THAT
   10  SUCH  LOCAL  LAWS, ORDINANCES, OR REGULATIONS ARE NO LESS STRINGENT THAN
   11  ANY STATE LAW, RULE, OR REGULATION.  SUCH  LOCAL  LAWS,  ORDINANCES,  OR
   12  REGULATIONS  SHALL  NOT  (A) PROVIDE FOR THE ISSUANCE OF PERMITS FOR THE
   13  DISTRIBUTION, SALE, PURCHASE, OR USE OF RESTRICTED USE  PESTICIDES;  (B)
   14  PROVIDE  FOR  CERTIFICATION OR LICENSING OF PRIVATE OR COMMERCIAL PESTI-
   15  CIDE APPLICATIONS AS DEFINED IN SECTION 33-0101 OF THIS ARTICLE; OR  (C)
   16  IMPOSE PESTICIDE REGISTRATION REQUIREMENTS ON MANUFACTURERS OR DISTRIBU-
   17  TORS  OF  PESTICIDES.  SUCH LOCAL LAWS, ORDINANCES, OR REGULATIONS SHALL
   18  NOT BE DEEMED INCONSISTENT WITH THIS ARTICLE OR WITH THE RULES AND REGU-
   19  LATIONS PROMULGATED PURSUANT TO THIS ARTICLE  MERELY  BECAUSE  THEY  ARE
   20  MORE STRINGENT.
   21    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05931-01-1