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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 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                       May 7, 2021
        Introduced  by  M.  of A. ENGLEBRIGHT, GRIFFIN, BURDICK, THIELE, PAULIN,
          CARROLL,  SEAWRIGHT,  PHEFFER AMATO  --  read once and referred to the
          Committee on Environmental Conservation -- recommitted to the  Commit-
          tee  on Environmental Conservation in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        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-five, 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  governor  may,  by
    10  issuing  an  executive order, temporarily suspend the provisions of this
    11  paragraph at any time  based  on  the  governor's  determination,  after
    12  consulting  with  the  commissioners  of agriculture and markets and the
    13  department, that there is a lack of commercially available seed that has
    14  not been treated with the active ingredients clothianidin, imidacloprid,
    15  thiamethoxam, dinotefuran or acetamiprid or the purchase  of  seed  that
    16  complies  with  the requirements of this paragraph would result in undue
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 7429--A                          2
     1  financial hardship  to  agricultural  producers.    Any  such  temporary
     2  suspension shall specify the type of seed included.
     3    b.  (1)  No  person shall apply or treat outdoor ornamental plants and
     4  turf, except for the production  of  agricultural  commodities,  with  a
     5  pesticide containing:
     6    (i)  the  active ingredients imidacloprid, thiamethoxam or acetamiprid
     7  on or after July first, two thousand twenty-four;
     8    (ii) the active  ingredients  clothianidin  or  dinotefuran  effective
     9  immediately.
    10    (2)  a.  The  provisions  of  this paragraph shall not apply where the
    11  commissioner, in consultation with the  department  of  agriculture  and
    12  markets, by written order, determines that:
    13    (i) a valid environmental emergency exists;
    14    (ii)  the pesticide would be effective in addressing the environmental
    15  emergency; and
    16    (iii) no other, less harmful pesticide  or  pest  management  practice
    17  would be effective in addressing the environmental emergency.
    18    b.  Any  such  order  shall  include  the basis for the commissioner's
    19  determination and specify the approved time  period,  geographic  scope,
    20  and  purpose  of  the   permitted use of such pesticide. An order issued
    21  pursuant to this section shall be valid for a period not to  exceed  six
    22  months.
    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, 2023 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 date.
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