Bill Text: NY S03431 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to the health science research board's powers and duties with regard to breast cancer research grants; requires the commissioner of environmental conservation to include certain pesticide data in his or her annual report summarizing pesticide sales and use and provide such data to the public upon request; requires certain sellers and users of restricted pesticides to file an annual report using an electronic form developed by the department of environmental conservation.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2014-01-24 - PRINT NUMBER 3431A [S03431 Detail]
Download: New_York-2013-S03431-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3431--A
2013-2014 Regular Sessions
I N S E N A T E
February 1, 2013
___________
Introduced by Sens. KRUEGER, HASSELL-THOMPSON, PARKER, SERRANO, STAVISKY
-- read twice and ordered printed, and when printed to be committed to
the Committee on Health -- recommitted to the Committee on Health in
accordance with Senate Rule 6, sec. 8 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01522-02-4
S. 3431--A 2
1 S 2. Paragraph a of subdivision 1 of section 33-1203 of the environ-
2 mental conservation law, as added by chapter 279 of the laws of 1996, is
3 amended to read as follows:
4 a. The commissioner shall, upon written request of an interested
5 party, in printed form or on a diskette in computerized data base
6 format, provide the information on pesticides submitted to the depart-
7 ment pursuant to sections 33-1205 and 33-1207 of this title. Such infor-
8 mation shall be provided by county or counties, or five-digit zip code
9 or codes as selected by the interested party making the written request.
10 PESTICIDE DATA SHALL BE PROVIDED BY BOTH PRODUCT NAME AND ACTIVE INGRE-
11 DIENT. The commissioner shall not provide the name, address, or any
12 other information which would otherwise identify a commercial or private
13 applicator, or any person who sells or offers for sale restricted use or
14 general use pesticides to a private applicator, or any person who
15 received the services of a commercial applicator. In accordance with
16 article six of the public officers law, proprietary information
17 contained within such record, including price charged per product, shall
18 not be disclosed. The provisions of this paragraph shall not apply to
19 the provision of pesticide data to the commissioner of health, the
20 health research science board and researchers pursuant to title one-B of
21 article twenty-four of the public health law.
22 S 3. The second undesignated paragraph of subdivision 1 of section
23 33-1205 of the environmental conservation law, as added by chapter 279
24 of the laws of 1996, is amended to read as follows:
25 Such records shall be maintained for a period of not less than three
26 years. All commercial applicators shall file, at least annually, a
27 report or reports containing such information with the department [on
28 computer diskette or in printed form] IN AN ELECTRONIC FORMAT DEVELOPED
29 BY THE DEPARTMENT CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON
30 SCANNABLE FORMS DEVELOPED BY THE DEPARTMENT on or before February first
31 for the prior calendar year. All commercial applicators shall also
32 maintain corresponding records of the dosage rates, methods of applica-
33 tion and target organisms for each pesticide application. These records
34 shall be maintained on an annual basis and retained for a period of not
35 less than three years and shall be available for inspection upon request
36 by the department.
37 S 4. The closing paragraph of paragraph a of subdivision 2 of section
38 33-1205 of the environmental conservation law, as amended by chapter 260
39 of the laws of 1997, is amended to read as follows:
40 Every person who sells or offers for sale restricted use pesticides to
41 private applicators shall file, at least annually, a report or reports
42 containing such information with the department [on computer diskette or
43 in printed form] IN AN ELECTRONIC FORMAT DEVELOPED BY THE DEPARTMENT
44 CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE FORMS DEVEL-
45 OPED BY THE DEPARTMENT on or before February first for the prior calen-
46 dar year. The department shall not use the reports filed pursuant to
47 this paragraph for enforcement purposes.
48 S 5. Subdivision 2 of section 33-1207 of the environmental conserva-
49 tion law, as added by chapter 279 of the laws of 1996, is amended to
50 read as follows:
51 2. Such records shall be maintained for a period of not less than
52 three years. All manufacturers and importers shall file an annual
53 report containing such information with the department [on computer
54 diskette or in printed form] IN AN ELECTRONIC FORMAT DEVELOPED BY THE
55 DEPARTMENT CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE
S. 3431--A 3
1 FORMS DEVELOPED BY THE DEPARTMENT on or before February first for the
2 prior calendar year.
3 S 6. This act shall take effect on the one hundred eightieth day after
4 it shall have become a law; provided, however, that effective immediate-
5 ly, the addition, amendment and/or repeal of any rule or regulation
6 necessary for the implementation of this act on its effective date are
7 authorized and directed to be made and completed on or before such
8 effective date.
