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A05185 Summary:

BILL NOA05185
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRColton, Cook, Rosenthal L, Carroll, Abinanti, Otis, Lifton, Glick
 
MLTSPNSRBarrett, Fahy, Gottfried, Hevesi, Hikind, Rivera, Solages, Steck, Thiele
 
Amd 33-1201, 33-1203, 33-1205 & 33-1207, En Con L
 
Requires pesticide business to submit reports to the department of environmental conservation, which reports shall be in electronic format; changes the annual date by which such department must produce pesticide use and sales reporting data from July first to November thirtieth.
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A05185 Actions:

BILL NOA05185
 
02/06/2017referred to environmental conservation
04/25/2017reported
04/27/2017advanced to third reading cal.216
01/03/2018ordered to third reading cal.363
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A05185 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5185
 
SPONSOR: Englebright (MS)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to compilation of data on pesticides   PURPOSE OR GENERAL IDEA OF BILL: To increase the amount of information available about pesticides.   SUMMARY OF PROVISIONS: Section 1 amends § 33-1201 of the Environmental Conservation Law (ECL) to make the Commissioner's yearly report on pesticide use include data that is broken down by both product name and active ingredient. It also changes the submission date of the report from July 1st to November 13th. Section 2 amends § 33-1203(1) (a) of the ECL to make it such that any request for data from the Commissioner is given to the requesting party with both the product name and active ingredient of the pesticides in question. Section 3 amends § 33-1205(1) of the ECL to make it such that the annual reports of commercial pesticide applicators to the Commissioner are made on an electronic or scannable form developed by the department. Section 4 amends § 33-1205(2)(a) of the ECL to make it such that the annual reports filed with the Commissioner by those who sell pesticides are made on an electric or scannable form developed by the department. Section 5 amends § 33-1207(2) of the ECL to make annual reports filed with the Commissioner by pesticide manufacturers on an electric or scannable form developed by the department.   JUSTIFICATION: Given the tremendous impact that pesticides can have on both human and environmental health it is important to ensure that their manufacture, sale and use is well monitored. By requiring electronic or scannable reports and the inclusion of the product names and active ingredients in the data this bill seeks to ensure that policy makers, researchers and the public have efficient access to the data compiled by the DEC.   PRIOR LEGISLATIVE HISTORY: 2015-16: A.6761 - Referred to Environmental Conservation Committee. 2013-14: A.6066 - Referred to Environmental Conservation Committee.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the 60th day.
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A05185 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5185
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2017
                                       ___________
 
        Introduced  by  M.  of A. ENGLEBRIGHT, COLTON, COOK, ROSENTHAL -- Multi-
          Sponsored by -- M. of A. BARRETT,  FAHY,  GOTTFRIED,  HEVESI,  HIKIND,
          MOYA,  RIVERA, SOLAGES, STECK, THIELE -- read once and referred to the
          Committee on Environmental Conservation
 
        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.
    20    §  2.  Paragraph a of subdivision 1 of section 33-1203 of the environ-
    21  mental conservation law, as added by chapter 279 of the laws of 1996, is
    22  amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09354-01-7

        A. 5185                             2
 
     1    a. The commissioner shall,  upon  written  request  of  an  interested
     2  party,  in  printed  form  or  on  a  diskette in computerized data base
     3  format, provide the information on pesticides submitted to  the  depart-
     4  ment pursuant to sections 33-1205 and 33-1207 of this title. Such infor-
     5  mation  shall  be provided by county or counties, or five-digit zip code
     6  or codes as selected by the interested party making the written request.
     7  Pesticide data shall be provided by both product name and active  ingre-
     8  dient.  The  commissioner  shall  not  provide the name, address, or any
     9  other information which would otherwise identify a commercial or private
    10  applicator, or any person who sells or offers for sale restricted use or
    11  general use pesticides to  a  private  applicator,  or  any  person  who
    12  received  the  services  of  a commercial applicator. In accordance with
    13  article  six  of  the  public  officers  law,  proprietary   information
    14  contained within such record, including price charged per product, shall
    15  not  be  disclosed.  The provisions of this paragraph shall not apply to
    16  the provision of pesticide data  to  the  commissioner  of  health,  the
    17  health research science board and researchers pursuant to title one-B of
    18  article twenty-four of the public health law.
    19    §  3.  The  second  undesignated paragraph of subdivision 1 of section
    20  33-1205 of the environmental conservation law, as added by  chapter  279
    21  of the laws of 1996, is amended to read as follows:
    22    Such  records  shall be maintained for a period of not less than three
    23  years.   All commercial applicators shall file,  at  least  annually,  a
    24  report  or  reports  containing such information with the department [on
    25  computer diskette or in printed form] in an electronic format  developed
    26  by  the  department  consistent  with  system  file specifications or on
    27  scannable forms developed by the department on or before February  first
    28  for  the  prior  calendar  year.   All commercial applicators shall also
    29  maintain corresponding records of the dosage rates, methods of  applica-
    30  tion and target organisms for each pesticide application.  These records
    31  shall  be maintained on an annual basis and retained for a period of not
    32  less than three years and shall be available for inspection upon request
    33  by the department.
    34    § 4. The closing paragraph of paragraph a of subdivision 2 of  section
    35  33-1205 of the environmental conservation law, as amended by chapter 260
    36  of the laws of 1997, is amended to read as follows:
    37    Every person who sells or offers for sale restricted use pesticides to
    38  private  applicators  shall file, at least annually, a report or reports
    39  containing such information with the department [on computer diskette or
    40  in printed form] in an electronic format  developed  by  the  department
    41  consistent  with system file specifications or on scannable forms devel-
    42  oped by the department on or before February first for the prior  calen-
    43  dar  year.    The department shall not use the reports filed pursuant to
    44  this paragraph for enforcement purposes.
    45    § 5. Subdivision 2 of section 33-1207 of the  environmental  conserva-
    46  tion  law,  as  added  by chapter 279 of the laws of 1996, is amended to
    47  read as follows:
    48    2. Such records shall be maintained for a  period  of  not  less  than
    49  three  years.    All  manufacturers  and  importers shall file an annual
    50  report containing such information  with  the  department  [on  computer
    51  diskette  or  in  printed form] in an electronic format developed by the
    52  department consistent with system file specifications  or  on  scannable
    53  forms  developed  by  the department on or before February first for the
    54  prior calendar year.
    55    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    56  have become a law.
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