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.
STATE OF NEW YORK
________________________________________________________________________
7640
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
enacting the birds and bees protection 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 "birds and bees protection act".
3 § 2. Section 33-1301 of the environmental conservation law is amended
4 by adding a new subdivision 13 to read as follows:
5 13. a. Beginning January first, two thousand twenty-seven, for any
6 person to sell, offer for sale or use, or distribute within the state
7 any corn, soybean or wheat seeds coated or treated with pesticides with
8 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
9 furan, or acetamiprid; provided, however, that the commissioner may, by
10 written order, temporarily suspend the provisions of this paragraph at
11 any time based on the commissioner's determination, after consulting
12 with the commissioner of agriculture and markets, that there is an
13 insufficient amount of commercially available seed to adequately supply
14 the agriculture market that has not been treated with pesticides with
15 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
16 furan or acetamiprid or the purchase of seed that complies with the
17 requirements of this paragraph would result in undue financial hardship
18 to agricultural producers. The commissioner, in consultation with the
19 commissioner of agriculture and markets, shall publish such written
20 order on or before October first next succeeding the date upon which it
21 shall become law and reevaluate any such determination on an annual
22 basis. By October first of each year, the commissioner shall publish a
23 written directive a s to whether there shall be such temporary suspen-
24 sion for the forthcoming year. Any such temporary suspension shall spec-
25 ify the type of seed included and shall apply for one calendar year.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02118-07-3
A. 7640 2
1 b. (1) No person shall apply or treat outdoor ornamental plants and
2 turf, except for the production of agricultural commodities, with a
3 pesticide containing:
4 (i) the active ingredients imidacloprid, thiamethoxam or acetamiprid
5 on or after July first, two thousand twenty-five;
6 (ii) the active ingredients clothianidin or dinotefuran effective
7 immediately.
8 (2) a. The provisions of this paragraph shall not apply where the
9 commissioner, by written order, determines that:
10 (i) a valid environmental emergency exists;
11 (ii) the pesticide would be effective in addressing the environmental
12 emergency; and
13 (iii) no other, less harmful pesticide or pest management practice
14 would be effective in addressing the environmental emergency.
15 b. Any such order shall include the basis for the commissioner's
16 determination and specify the approved time period, geographic scope,
17 and purpose of the permitted use of such pesticide. An order issued
18 pursuant to this section shall be valid for a period not to exceed one
19 year.
20 (3) The provisions of this paragraph shall not apply to pesticide
21 applications by, or under the supervision of, a certified applicator for
22 treatment against invasive species in woody plants.
23 c. For the purposes of this subdivision "environmental emergency"
24 means: an occurrence of any pest which presents a significant risk of
25 harm or injury to the environment, or significant harm, injury, or loss
26 to agricultural crops, including, but not limited to, any exotic or
27 foreign pest which may need preventative quarantine measures to avert or
28 prevent that risk, as determined by the department in consultation with
29 the department of agriculture and markets.
30 § 3. The department of environmental conservation, in consultation
31 with the department of agriculture and markets, New York state's land
32 grant university, and state university of New York college of environ-
33 mental science and forestry shall conduct a study to identify practica-
34 ble and feasible alternatives to the use of pesticides containing the
35 active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran
36 or acetamiprid. The results of the study shall be submitted to the
37 governor, the temporary president of the senate and the speaker of the
38 assembly on or before January 1, 2026 and shall be posted on the depart-
39 ment's public website.
40 § 4. This act shall take effect on the ninetieth day after it shall
41 have become a law. Effective immediately, the addition, amendment and/or
42 repeal of any rule or regulation necessary for the implementation of
43 this act on its effective date are authorized to be made and completed
44 on or before such effective date.
