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S00699 Summary:

Amd §§33-0101 & 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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S00699 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                    IN SENATE
                                     January 6, 2021
        Introduced  by  Sens.  HOYLMAN,  COMRIE,  GOUNARDES,  HARCKHAM,  KAPLAN,
          NO, SKOUFIS -- read twice and ordered printed, and when printed to  be
          committed  to the Committee on Environmental Conservation -- 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. Subdivision 35 of section 33-0101 of the environmental  conserva-
     4  tion  law  as added by chapter 685 of the laws of 1978 and as renumbered
     5  by chapter 612   of the laws of 1983, is amended to read as follows:
     6    35. "Pesticide" means:
     7    a. Any substance or mixture or  substances  intended  for  preventing,
     8  destroying, repelling, or mitigating any pest; [and]
     9    b.  Any substance or mixture of substances intended for use as a plant
    10  regulator, defoliant or desiccant; and
    11    c. Any seeds for planting that have been  coated  or  treated  with  a
    12  neonicotinoid insecticide. For purposes of this definition, a neonicoti-
    13  noid  insecticide  is  one  that  includes  one or more of the following
    14  active ingredients: clothianidin, imidacloprid, thimethoxam, dinotefuran
    15  or acetamiprid.
    16    § 3. Section 33-1301 of the environmental conservation law is  amended
    17  by adding a new subdivision 13 to read as follows:
    18    13.  a.  Beginning January first, two thousand twenty-three, no person
    19  shall sell, offer for sale, distribute or purchase any corn, soybean  or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        S. 699--A                           2
     1  wheat  seeds  coated or treated with pesticides with the active ingredi-
     2  ents clothianidin, imidacloprid, thiamethoxam, dinotefuran, or  acetami-
     3  prid.
     4    b.  Beginning  July  first, two thousand twenty-three, no person shall
     5  apply or treat outdoor ornamental plants and turf, except  for  agricul-
     6  tural  commodities,  with  a pesticide containing the active ingredients
     7  clothianidin, imidacloprid, thiamethoxam, dinotefuran or acetamiprid.
     8    c. On or before January  fifteenth,  two  thousand  twenty-three,  the
     9  department shall review the latest scientific information concerning the
    10  pesticide  active  ingredients clothianidin, imidacloprid, thiamethoxam,
    11  dinotefuran, and acetamiprid and classify for restricted use any  pesti-
    12  cide  containing  those  ingredients  that  it  determines  causes or is
    13  reasonably likely to cause harm to pollinating bees or any bird  species
    14  and  shall  impose  conditions  necessary  to  protect such bee and bird
    15  species.
    16    § 4. This act shall take effect on the ninetieth day  after  it  shall
    17  have  become  a  law;  provided, however, that subdivision 12 of section
    18  33-1301 of the environmental conservation law, as added by section three
    19  of this act, shall expire and be deemed repealed July 1, 2028. Effective
    20  immediately, the addition, amendment and/or repeal of any rule or  regu-
    21  lation  necessary  for  the  implementation of this act on its effective
    22  date are authorized to be made on or before such date.
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