Bill Text: NY S09069 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 9069

Introduced

Bill Title: Enacts the restriction of anticoagulant pesticide transactions for online and retail stores act to prohibit any person from selling, offering for sale or use, or distributing within the state, any second-generation anticoagulant rodenticide; prohibits the use of either a first-generation anticoagulant rodenticide or a second-generation anticoagulant rodenticide within five hundred feet of a wildlife habitat area.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S09069 Detail]

Download: New_York-2023-S09069-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          9069

                    IN SENATE

                                     April 16, 2024
                                       ___________

        Introduced  by Sen. HARCKHAM -- 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,  in  relation  to
          enacting  the  restriction of anticoagulant pesticide transactions for
          online and retail stores 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 "restriction of anticoagulant pesticide transactions for online  and
     3  retail stores act" or "RAPTORS act".
     4    §  2.  Legislative  intent.  The legislature hereby finds and declares
     5  that it is the policy of this state to ensure that aquatic, terrestrial,
     6  and avian wildlife species remain a fully functional  component  of  the
     7  ecosystems  they  inhabit and move through in New York. It is the intent
     8  of this act to facilitate this goal by prohibiting  the  general  public
     9  from  purchasing and utilizing the world's deadliest rodenticides, noto-
    10  riously deployed via helicopter to "restore  the  ecosystem"  of  entire
    11  rat-infested islands and often killing scores of raptors and other birds
    12  in the process.
    13    This legislation also comes in the wake of Flaco's passing. Flaco, the
    14  Eurasian  eagle-owl  whose  escape from the Central Park Zoo and life on
    15  the loose captivated New York, had been exposed at the time of his death
    16  to four of the seven pesticides this bill restricts.    The  legislature
    17  takes  this  action  to protect all non-target species, not only raptors
    18  such as eagles, hawks, and owls, but also the thousands of children  and
    19  pets exposed to anticoagulants that poison control centers receive calls
    20  for each year.
    21    §  3. Section 33-1301 of the environmental conservation law is amended
    22  by adding a new subdivision 14 to read as follows:
    23    14. a. For any person within the state to sell, offer for sale or use,
    24  distribute, use, or deploy any pesticide  or  rodenticide  containing  a
    25  restricted  SGAR  or FGAR, in any concentration, unless such a purchaser
    26  or user has a valid purchase permit or certification identification card
    27  pursuant to section 33-0903 of this article.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15056-04-4

        S. 9069                             2

     1    b. For any person, including but not limited to,  certified  pesticide
     2  applicators  and government officials, to use a pesticide containing any
     3  restricted SGAR or FGAR in, or within five hundred feet of,  a  wildlife
     4  habitat area. The commissioner, in consultation with the commissioner of
     5  agriculture  and markets, may promulgate rules and regulations to permit
     6  the use of pesticides containing SGARs or FGARs by pesticide applicators
     7  certified pursuant to section 33-0905 of this article where such use  is
     8  not  reasonably  expected  to  result  in significant adverse effects to
     9  non-target wildlife.
    10    c. For the purposes of this subdivision the following terms shall have
    11  the following meanings:
    12    (1) "First-generation anticoagulant rodenticide" or "FGAR"  means  any
    13  pesticide product containing any of the following active ingredients:
    14    (i) Diphacinone.
    15    (ii) Warfarin.
    16    (iii) Chlorophacinone.
    17    (2)  "Second-generation anticoagulant rodenticide" or "SGAR" means any
    18  pesticide product containing any of the following active ingredients:
    19    (i) Brodifacoum.
    20    (ii) Bromadiolone.
    21    (iii) Difenacoum.
    22    (iv) Difethialone.
    23    (3) "Wildlife habitat area" means any park, wetland,  wetland  buffer,
    24  nature  reserve or preserve, or wildlife refuge managed by a state agen-
    25  cy, regional government, or quasi-government agency,  or  by  a  special
    26  district.
    27    (4)  "Significant  adverse effect" means a direct or indirect activity
    28  that negatively affects the health or viability of a wildlife population
    29  or that damages or threatens wildlife habitats.
    30    § 4. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law. Effective immediately, the addition, amendment and/or
    32  repeal  of  any  rule  or regulation necessary for the implementation of
    33  this act on its effective date are authorized to be made  and  completed
    34  on or before such effective date.