Bill Text: NY S04895 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes the farm pesticide collection program for the collection and disposal of pesticides from farms within the state; provides that such program shall be administered jointly by the department of environmental conservation and the department of agriculture and markets; creates a fund to cover costs of program and outreach effort from fees paid by registration of pesticide businesses.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04895 Detail]
Download: New_York-2009-S04895-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4895
2009-2010 Regular Sessions
I N S E N A T E
April 27, 2009
___________
Introduced by Sen. AUBERTINE -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, the agriculture and
markets law and the state finance law, in relation to establishing a
farm pesticide collection program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 33 of the environmental conservation law is amended
2 by adding a new title 8 to read as follows:
3 TITLE 8
4 FARM PESTICIDE COLLECTION PROGRAM
5 SECTION 33-0801. FARM PESTICIDE COLLECTION PROGRAM.
6 33-0803. POWERS AND DUTIES OF THE DEPARTMENT.
7 33-0805. POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE AND
8 MARKETS.
9 S 33-0801. FARM PESTICIDE COLLECTION PROGRAM.
10 THE DEPARTMENT AND THE DEPARTMENT OF AGRICULTURE AND MARKETS ARE HERE-
11 BY AUTHORIZED AND DIRECTED TO JOINTLY DEVELOP, IMPLEMENT AND OPERATE A
12 FARM PESTICIDE COLLECTION PROGRAM. SUCH PROGRAM SHALL BE MADE AVAILABLE
13 FOR UTILIZATION BY OWNERS AND RESIDENTS OF FARMS, BOTH ACTIVE AND INAC-
14 TIVE, LOCATED WITHIN THIS STATE, FOR THE COLLECTION AND DISPOSAL OF
15 PESTICIDES, FERTILIZERS CONTAINING PESTICIDES AND RECYCLING OF PESTICIDE
16 CONTAINERS FROM SUCH FARMS. NO OWNER OR RESIDENT OF A FARM SHALL BE
17 REQUIRED TO PAY A FEE OR CHARGE FOR THE COLLECTION AND DISPOSAL OF
18 PESTICIDES PURSUANT TO SUCH PROGRAM.
19 S 33-0803. POWERS AND DUTIES OF THE DEPARTMENT.
20 THE DEPARTMENT, IN ADDITION TO ANY OTHER POWERS GRANTED AND DUTIES
21 REQUIRED BY ANY OTHER PROVISION OF LAW, SHALL HAVE THE FOLLOWING POWERS
22 AND DUTIES WITH RESPECT TO THE FARM PESTICIDE COLLECTION PROGRAM:
23 1. TO DESIGNATE CERTAIN STAFF TO ADMINISTER THE PROGRAM, INCLUDING A
24 PROGRAM ADMINISTRATOR, TO COORDINATE SUCH PROGRAM, WITH A FOCUS ON
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11051-01-9
S. 4895 2
1 CONFIDENTIALITY, BETWEEN THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE
2 AND MARKETS, ANY COMPANY WITH WHICH THE DEPARTMENT HAS CONTRACTED TO
3 PROVIDE COLLECTION AND DISPOSAL SERVICES, PUBLIC AND PRIVATE AGENCIES
4 AND FARMERS;
5 2. TO CONTRACT WITH HAZARDOUS WASTE COLLECTION COMPANIES, PESTICIDE
6 COLLECTION COMPANIES OR OTHER QUALIFIED COMPANIES TO PROVIDE COLLECTION
7 AND DISPOSAL SERVICES;
8 3. TO PROVIDE OVERSIGHT OF ANY COMPANY WITH WHICH THE DEPARTMENT HAS
9 CONTRACTED TO PROVIDE COLLECTION AND DISPOSAL SERVICES;
10 4. TO PROVIDE A PESTICIDE CONTAINER RECYCLING PROGRAM FOR CONTAINERS
11 OF COLLECTED PESTICIDES AND FERTILIZERS CONTAINING PESTICIDES;
12 5. TO PROVIDE SCHEDULING FOR EACH COUNTY OF THE STATE FOR THE
13 COLLECTION AND DISPOSAL OF AGRICHEMICALS AND PESTICIDES AND FERTILIZERS
14 CONTAINING PESTICIDES;
15 6. TO GRANT ANY WAIVERS NECESSARY UNDER THE STANDARDS FOR UNIVERSAL
16 WASTE FOR COLLECTION AND TRANSPORTATION OF PESTICIDES AND FERTILIZERS
17 CONTAINING PESTICIDES;
18 7. TO COORDINATE WITH COUNTY CORNELL COOPERATIVE EXTENSION OFFICES,
19 SOIL AND WATER CONSERVATION DISTRICTS, AND FARM ORGANIZATIONS IN THE
20 ADMINISTRATION, SCHEDULING AND EFFORTS TO ENSURE PARTICIPATION AND
21 CONFIDENTIALITY OF SUCH PROGRAM; AND
22 8. TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN-
23 TATION OF THIS TITLE.
24 S 33-0805. POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE AND
25 MARKETS.
26 THE DEPARTMENT OF AGRICULTURE AND MARKETS, IN ADDITION TO ANY OTHER
27 POWERS GRANTED AND DUTIES REQUIRED BY ANY OTHER PROVISION OF LAW, SHALL
28 HAVE THE FOLLOWING POWERS AND DUTIES WITH RESPECT TO THE FARM PESTICIDE
29 COLLECTION PROGRAM:
30 1. TO CONDUCT OUTREACH, EDUCATION AND PUBLICITY REGARDING SUCH PROGRAM
31 WITHIN EACH COUNTY OF THE STATE TO INCREASE AWARENESS OF SUCH PROGRAM;
32 2. TO ENCOURAGE FARMERS TO PARTICIPATE IN SUCH PROGRAM;
33 3. TO DEVELOP AND IMPLEMENT, WITH A FOCUS ON CONFIDENTIALITY, NOTIFI-
34 CATION AND PRE-REGISTRATION PROCEDURES FOR SUCH PROGRAM IN ORDER TO
35 FACILITATE PARTICIPATION IN SUCH PROGRAM;
36 4. TO APPOINT LOCAL AGENTS TO INVENTORY, WITH A FOCUS ON CONFIDENTIAL-
37 ITY, PESTICIDES, FERTILIZERS CONTAINING PESTICIDES, AND PESTICIDE
38 CONTAINERS AT PARTICIPATING FARMS PRIOR TO THEIR COLLECTION AND
39 DISPOSAL;
40 5. TO COORDINATE WITH COUNTY CORNELL COOPERATIVE EXTENSION OFFICES,
41 SOIL AND WATER CONSERVATION DISTRICTS, AND FARM ORGANIZATIONS IN THE
42 OUTREACH, EDUCATION, PUBLICITY AND EFFORTS TO ENSURE PARTICIPATION AND
43 CONFIDENTIALITY OF SUCH PROGRAM; AND
44 6. TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN-
45 TATION OF THIS TITLE.
46 S 2. Section 33-0304 of the environmental conservation law, as amended
47 by section 4 of part YY of chapter 59 of the laws of 2009, is amended to
48 read as follows:
49 S 33-0304. Fees.
50 [All] EXCEPT AS PROVIDED IN SECTION 33-0705 OF THIS ARTICLE, ALL fees
51 collected pursuant to this article shall be deposited into the environ-
52 mental conservation special revenue fund to the credit of the environ-
53 mental regulatory account; provided, however, that the first five
54 million dollars collected pursuant to this article shall be deposited
55 into the environmental protection fund established pursuant to section
56 ninety-two-s of the state finance law.
S. 4895 3
1 S 3. Section 33-0705 of the environmental conservation law, as amended
2 by section 2 of part FF of chapter 59 of the laws of 2008, subdivisions
3 a and b as amended by section 5 of part YY of chapter 59 of the laws of
4 2009, is amended to read as follows:
5 S 33-0705. Fee for registration.
6 The applicant for registration shall pay a fee as follows:
7 a. On or before July 1, 2011, six hundred FIFTY dollars for each
8 pesticide proposed to be registered, provided that the applicant has
9 submitted to the department proof in the form of a federal income tax
10 return for the previous year showing gross annual sales, for federal
11 income tax purposes, of three million five hundred thousand dollars or
12 less;
13 b. On or before July 1, 2011, for all others, six hundred [twenty]
14 SEVENTY dollars for each pesticide proposed to be registered;
15 c. After July 1, 2011, [fifty] ONE HUNDRED dollars for each pesticide
16 proposed to be registered.
17 FIFTY DOLLARS OF EACH REGISTRATION FEE PAID PURSUANT TO THIS SECTION
18 SHALL BE DEPOSITED INTO THE FARM PESTICIDE COLLECTION PROGRAM FUND
19 ESTABLISHED PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW
20 FOR THE PURPOSE OF ADMINISTERING THE FARM PESTICIDE COLLECTION PROGRAM
21 ESTABLISHED PURSUANT TO TITLE EIGHT OF THIS ARTICLE.
22 S 4. Section 16 of the agriculture and markets law is amended by
23 adding a new subdivision 44 to read as follows:
24 44. JOINTLY DEVELOP, IMPLEMENT AND OPERATE A FARM PESTICIDE COLLECTION
25 PROGRAM WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO
26 TITLE EIGHT OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION
27 LAW.
28 S 5. The state finance law is amended by adding a new section 99-t to
29 read as follows:
30 S 99-T. FARM PESTICIDE COLLECTION PROGRAM FUND. 1. THERE IS HEREBY
31 ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND
32 FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "FARM
33 PESTICIDE COLLECTION PROGRAM FUND".
34 2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
35 OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF SECTION 33-0705
36 OF THE ENVIRONMENTAL CONSERVATION LAW AND ALL OTHER MONEYS APPROPRIATED,
37 CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
38 TO LAW.
39 3. MONEYS OF SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN-
40 GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMMISSIONER OF TAXA-
41 TION AND FINANCE AND THE COMPTROLLER.
42 4. MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE ADMINISTRATION
43 OF THE FARM PESTICIDE COLLECTION PROGRAM ESTABLISHED PURSUANT TO TITLE
44 EIGHT OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
45 5. ALL PAYMENTS FROM SUCH FUND SHALL BE MADE BY THE DEPARTMENT OF
46 TAXATION AND FINANCE AFTER AUDIT AND WARRANT OF THE COMPTROLLER ON
47 VOUCHERS APPROVED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
48 S 6. This act shall take effect on the one hundred eightieth day after
49 it shall have become a law. Effective immediately, the addition, amend-
50 ment and/or repeal of any rule or regulation necessary for the implemen-
51 tation of this act on its effective date is authorized to be made on or
52 before such effective date.
