Enacts the birds and bees protection act; prohibits the sale of certain pesticides and requires the commissioner of environmental conservation to report on the use of certain pesticides; requires the department of environmental conservation to consider a strategy for the development of pollinator friendly lands; requires the department of environmental conservation to distribute information to protect migratory birds.
STATE OF NEW YORK
________________________________________________________________________
7639--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 14, 2019
___________
Introduced by M. of A. ENGLEBRIGHT, SAYEGH, SIMON, EPSTEIN, COOK,
MOSLEY, STECK, D'URSO, JACOBSON, CRUZ, THIELE, HYNDMAN, GALEF, JAFFEE,
O'DONNELL, GOTTFRIED, ORTIZ, FAHY, LIFTON, NIOU, BURKE, SEAWRIGHT,
COLTON, GLICK, L. ROSENTHAL, WEPRIN, BARNWELL -- read once and
referred to the Committee on Environmental Conservation -- reported
and referred to the Committee on Codes -- reported and referred to the
Committee on Ways and Means -- 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; and providing for the
repeal of certain provisions upon expiration thereof
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 12 to read as follows:
5 12. a. Beginning January first, two thousand twenty-one, a manufactur-
6 er shall not sell or offer for sale, any pesticides with the active
7 ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran,
8 acetamiprid, thiacloprid, nithiazine, or fipronil within the state.
9 b. Beginning July first, two thousand twenty-one, a person shall not
10 sell, offer for sale, or use pesticides with the active ingredients
11 clothianidin, imidacloprid, thiamethoxam, dinotefuran, acetamiprid,
12 thiacloprid, nithiazine, or fipronil within the state.
13 c. By January fifteenth, two thousand twenty-six, the commissioner, in
14 consultation with the commissioner of agriculture and markets, shall
15 report to the legislature on:
16 (1) the latest published and peer-reviewed evidence on whether use of
17 neonicotinoids and fipronil causes unreasonable adverse effects on
18 honeybees, native insect pollinators, and birds; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11358-03-9
A. 7639--A 2
1 (2) the impacts, costs, and benefits to resuming the use of such
2 insecticides.
3 d. This subdivision shall not apply to; (i) pet care products used to
4 mitigate fleas, mites, ticks, heartworms, or other animals that are
5 harmful to the health of a domesticated animal; (ii) personal care
6 products used to mitigate lice and bedbugs; (iii) indoor pest control
7 products used to mitigate insects indoors, including ant bait; and (iv)
8 trunk injections to mitigate invasive species.
9 § 3. Section 49-0203 of the environmental conservation law is amended
10 by adding a new subdivision 5 to read as follows:
11 5. The department shall consider a strategy for the development of
12 pollinator friendly lands including, but not limited to, the planting of
13 vegetation and the use and timing of pesticide applications to protect
14 and promote the health and well-being of pollinators. For the purposes
15 of this subdivision, pollinators shall include birds, bees and other
16 insects that move pollen from one plant to another.
17 § 4. Section 11-0305 of the environmental conservation law is amended
18 by adding three new subdivisions 19, 20 and 21 to read as follows:
19 19. In consultation with the department of state, to develop and
20 distribute to municipal governments a pamphlet on the importance of
21 replacing steady lights on any tower with a flashing light for the
22 purpose of preventing migratory bird mortality. Such pamphlet shall also
23 be made available on the department's and the department of state's
24 websites.
25 20. In consultation with New York state's land grant university, to
26 develop and distribute to all wind turbine applicants and operators in
27 the state information on migratory bird flight routes and timing includ-
28 ing, at a minimum, information on how to minimize negative impacts to
29 migratory birds and their habitats, and current best practices for
30 preventing bird mortalities resulting from impacts with wind turbines.
31 Such information shall also be made available on the department's
32 website.
33 21. In cooperation with the department of transportation, to make
34 recommendations on the species of plantings, mowing, and the use and
35 timing of pesticide applications on right of ways and parkways.
36 § 5. This act shall take effect on the ninetieth day after it shall
37 have become a law; provided, however, that subdivision 12 of section
38 33-1301 of the environmental conservation law, as added by section two
39 of this act, shall expire and be deemed repealed July 1, 2026. Effective
40 immediately, the addition, amendment and/or repeal of any rule or regu-
41 lation necessary for the implementation of this act on its effective
42 date are authorized to be made and completed on or before such effective
43 date.
