A07639 Summary:

BILL NOA07639A
 
SAME ASNo Same As
 
SPONSOREnglebright
 
COSPNSRSayegh, Simon, Epstein, Cook, Mosley, Steck, D'Urso, Jacobson, Cruz, Thiele, Hyndman, Galef, Jaffee, O'Donnell, Gottfried, Ortiz, Fahy, Lifton, Niou, Burke, Seawright, Colton, Glick, Rosenthal L, Weprin, Barnwell, Paulin, Otis, Lentol, Montesano, Lavine, Griffin
 
MLTSPNSR
 
Amd 33-1301, 49-0203 & 11-0305, En Con L
 
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.
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A07639 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:05/29/2019AYE/NAY:23/6 Action: Favorable refer to committee Codes
EnglebrightAyeStecNay
GlickAyeRaiaNay
ColtonAyePalumboAye
CymbrowitzAyeMill MLNay
LiftonAyeMill B Nay
O'DonnellExcusedTagueNay
GuntherAyeLiPetriAye
JaffeeAyeSmullenNay
CrespoAye
ThieleAye
AbinantiAye
RyanAye
FahyAye
OtisAye
WilliamsAye
BarrettAye
D'UrsoAye
CarrollAye
BurkeAye
GriffinAye
RomeoAye
EpsteinAye

CODES Chair:Lentol DATE:06/04/2019AYE/NAY:15/7 Action: Favorable refer to committee Ways and Means
LentolAyeRaNay
SchimmingerNayGiglioNay
PretlowAyeMontesanoNay
CookAyeMorinelloNay
CymbrowitzAyePalumboNay
O'DonnellAyeGarbarinoNay
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye

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A07639 Text:



 
                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.
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