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A07429 Summary:

COSPNSRGriffin, Burdick, Thiele, Paulin, Epstein, Barnwell, Simon, Forrest, Gottfried, Steck, Rosenthal L, Dickens, Jackson, Dinowitz, Otis, Sillitti, Glick, Zinerman, Jacobson, Colton, Stern, Niou, Kelles, Gallagher, Fahy, Rajkumar, Abinanti, Mamdani, Gonzalez-Rojas, Cymbrowitz, Anderson, Lavine, Reyes, Burgos, Carroll, Seawright, Pheffer Amato, Burke, Hevesi, Clark, Weprin, Cruz, Fernandez, Walker, Brown K, Norris, Quart
Amd §33-1301, En Con L
Enacts the birds and bees protection act; prohibits the sale of certain pesticides or use of seeds coated with such pesticides; requires the department of environmental conservation to review the latest scientific information concerning certain pesticide active ingredients.
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A07429 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Englebright
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to enacting the birds and bees protection act   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to prohibit the use of certain active ingre- dients in pesticides that are known to cause harm to pollinators.   SUMMARY OF PROVISIONS: Section 1 of the bill names this legislation the "birds and bees protection act." Section 2 of the bill amends section 33-1301 of the Environmental Conservation Law adds a new subdivision 13 that would: *prohibit, starting January 1, 2025, the sale, distribution or purchase by any person within the state of corn, soybean or wheat seeds coated or treated with pesticides with the active ingredients clothianidin, imida- cloprid, thiamethoxam, dinotefuran, or acetamiprid; *authorize the Governor, after consultation with the Department of Envi- ronmental' Conservation (DEC) and the Department of Agriculture & Markets (DAM), to issue an executive order determining that there is a lack of commercially available untreated seed or that compliance would result in undue hardship to agriculture producers; *prohibit the application or treatment of outdoor ornamental plants and turf, except for the production of agricultural commodities, with a pesticide containing: *the active ingredients imidacloprid, thiamethoxam or acetamiprid on or after July 1, 2024; and, *the active ingredients clothianidin or dinotefuran effective immediate- ly; unless. *DEC, in consultation with DAM, determines and justifies with a detailed order that: -a valid environmental emergency exists; -the pesticide would be effective in addressing the environmental emer- gency; and, -no other, less harmful pesticide or pest management practice would be effective in addressing the environmental emergency; *require DEC, in consultation with DAM and SUNY ESF to conduct a study to identify practicable and feasible alternatives to the use of neonico- tinoid pesticides with results submitted to Legislature and Executive on or before January 1, 2023. Section 4 of the bill establishes the effective date.   JUSTIFICATION: In June 2020, Cornell University released a state-funded report that provided a comprehensive risk-benefit analysis of neonicotinoid insecti- cide use in New York State. The Cornell Report's findings provided science-based validation for the approach this legislation takes in regulating and restricting uses of neonicotinoid insecticides, which include clothianidin, imidacloprid, thiamethoxam, and acetamiprid, that as the Report notes pose a risk to pollinators "due to their high toxic- ity, systemic activity in plants...and relatively lengthy persistence in the environment." The Cornell Report found that the routine use of neonicotinoid-treated seeds "does not consistently increase net income for New York field corn or soybean producers," and "neonicotinoid-treated corn and soybean seeds do not consistently increase expected net income compared to untreated seeds," but " at the same time, widespread use of neonicotinoid-treated seeds incurs risks for insect pollinators." Weighing the risks and benefits identified in the Cornell Report, this legislation prohibits the sale, distribution or purchase of certain neonicotinoid-treated corn, soybean or wheat seeds starting January 1, 2025. The delayed implementation date of the prohibition is intended to provide requisite time and notice for the commercial seed marketplace to offer untreated seed options that comply with the requirements of this legislation. The bill would also ensure that the State is doing its part to protect pollinators by prohibiting the use of neonicotinoid insecticides on ornamental plants and turf, excepting agricultural products and instances where DEC determines that the use of such insecticides is necessary to manage, control or prevent invasive species.   PRIOR LEGISLATIVE HISTORY: 2021: A.7429 (Englebright) - referred to Environmental Conservation.   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and complete on or before such date.
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