Add Art 37 Title 11 §37-1101, amd §§33-1301 & 71-3703, En Con L; amd §3, Chap of 2023 (as proposed in
S.1856-A & A.7640)
Provides for the regulation of certain coated and treated seeds; requires the department of environmental conservation and the department of agriculture and markets to review the latest scientific information concerning certain pesticide active ingredients.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8571
SPONSOR: Glick TITLE OF BILL:
An act to amend the environmental conservation law, in relation to regu-
lation of certain coated or treated seeds; to amend a chapter of the
laws of 2023 amending the environmental conservation law relating to
enacting the birds and bees protection act, as proposed in legislative
bills numbers S. 1856-A and A. 7640, in relation to a study to identify
practicable and feasible alternatives to certain pesticides
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill to provide a chapter amendment to Chapter 755
of the Laws of 2023, which related to the use of neonicotinoid pesti-
cides.
SUMMARY OF PROVISIONS:
This bill would: delay the prohibition on the sale and use of neonico-
tinoid treated seeds by two years to 2029;
delay the prohibition on the usage of imidacloprid, thiamethoxam, and
acetamiprid on ornamental plants and turf by 18 months to 2026, and the
usage of clothianidin and dinotefuran by 12 months to 2025;
revise the waiver process for treated seed such that any waivers must be
limited to two years, may be issued only after the Department of Envi-
ronmental Conservation (DEC), in consultation with the Department of
Agriculture and Markets, promulgate regulations, and may only be granted
if the farm owner completes an integrated pest management training, pest
risk assessment for the specific property on which treated are proposed
to used, and maintains records of relevant treated seed usage;
require DEC to report annually on the number of waivers issued;
establish penalties for violations of the treated seed prohibition of up
to $1,000 for the first violation and up to $2,500 for each subsequent
violation;
allow for neonicotinoid usage to manage structural pests;
remove dinotefuran and acetamiprid from the treated seed prohibition and
allow DEC to add additional neonicotinoids through regulation; and,
require pesticide applicators to annually take a course on the use of
neonicotinoids.
JUSTIFICATION:
Chapter 755 of the Laws of 2023 prohibited the use of neonicotinoid
pesticides for coating certain seeds as well as for the treatment of
ornamental plants and turf. This legislation, which is a chapter amend-
ment requested by the Executive to facilitate implementation, would
delay the implementation of these prohibitions, establish a more system-
atic waiver process for treated seeds, and would require additional
training, recordkeeping, and reporting. This legislation would also
re-establish penalty provisions given that the original penalties are no
longer applicable due to the relocation of the treated seed prohibition
from Article 33 to Article 37 in the Environmental Conservation Law.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2023 amending the environmental conservation law
relating to enacting the birds and bees protection act, as proposed in
legislative bills numbers S. 1856-A and A. 7640, takes effect.
