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S00699 Summary:

BILL NOS00699B
 
SAME ASSAME AS A07429
 
SPONSORHOYLMAN
 
COSPNSRADDABBO, BAILEY, BIAGGI, COMRIE, GOUNARDES, HARCKHAM, KAMINSKY, KAPLAN, KAVANAGH, KRUEGER, LIU, MYRIE, REICHLIN-MELNICK, SALAZAR, SEPULVEDA, SERRANO
 
MLTSPNSR
 
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
        ________________________________________________________________________
 
                                         699--B
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  Sens.  HOYLMAN,  BIAGGI,  COMRIE,  GOUNARDES,  HARCKHAM,
          KAPLAN, KAVANAGH,  KRUEGER,  LIU,  MYRIE,  REICHLIN-MELNICK,  SALAZAR,
          SEPULVEDA,  SERRANO,  SKOUFIS  --  read twice and ordered printed, and
          when printed to be committed to the Committee on Environmental Conser-
          vation -- committee discharged, bill  amended,  ordered  reprinted  as
          amended  and  recommitted  to  said committee -- 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, thiamethoxam, dinotefu-
    15  ran 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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02576-04-1

        S. 699--B                           2
 
     1    13.  a.  Beginning  January first, two thousand twenty-four, no person
     2  shall sell, offer for sale, distribute or purchase any corn, soybean  or
     3  wheat  seeds  coated or treated with pesticides with the active ingredi-
     4  ents clothianidin, imidacloprid, thiamethoxam, dinotefuran, or  acetami-
     5  prid; provided, however, that the provisions of this paragraph shall not
     6  apply  to  a  corn, soybean or wheat seed for which the commissioner, in
     7  consultation with the commissioner of agriculture  and  markets,  deter-
     8  mines after opportunity for public notice and comment that no acceptable
     9  alternative  exists.  For  purposes  of  this  paragraph, "no acceptable
    10  alternative" shall mean that (i) no seed that has not been treated  with
    11  the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
    12  furan or acetamiprid is commercially available or reasonably anticipated
    13  to  become  commercially  available;  or  (ii) the purchase of seed that
    14  complies with the requirements of this paragraph would result in  unrea-
    15  sonable costs to agricultural producers.
    16    b.  Beginning  July  first, two thousand twenty-three, no person shall
    17  apply or treat outdoor ornamental plants and turf, except  for  agricul-
    18  tural  commodities,  with  a pesticide containing the active ingredients
    19  clothianidin, imidacloprid, thiamethoxam,  dinotefuran  or  acetamiprid.
    20  The  provisions of this paragraph shall not apply where the commissioner
    21  determines that the use of a pesticide containing one or  more  of  such
    22  active  ingredients  is necessary to manage, control or prevent invasive
    23  species.
    24    c. On or before January  fifteenth,  two  thousand  twenty-three,  the
    25  department shall review the latest scientific information concerning the
    26  pesticide  active  ingredients clothianidin, imidacloprid, thiamethoxam,
    27  dinotefuran, and acetamiprid and classify for restricted use any  pesti-
    28  cide  containing  those  ingredients  that  it  determines  causes or is
    29  reasonably likely to cause harm to pollinating bees or any bird  species
    30  and  shall  impose  conditions  necessary  to  protect such bee and bird
    31  species.
    32    d. The department, in consultation with the department of  agriculture
    33  and  markets and New York state's land grant university, shall conduct a
    34  study to identify practicable and feasible alternatives to  the  use  of
    35  pesticides containing the active ingredients clothianidin, imidacloprid,
    36  thiamethoxam,  dinotefuran  or  acetamiprid.    The results of the study
    37  shall be submitted to the  governor,  the  temporary  president  of  the
    38  senate  and  the speaker of the assembly on or before January first, two
    39  thousand twenty-three and shall be  made  available  to  all  interested
    40  parties.
    41    §  4.  This  act shall take effect on the ninetieth day after it shall
    42  have become a law; provided, however, that  subdivision  13  of  section
    43  33-1301 of the environmental conservation law, as added by section three
    44  of this act, shall expire and be deemed repealed July 1, 2028. Effective
    45  immediately,  the addition, amendment and/or repeal of any rule or regu-
    46  lation necessary for the implementation of this  act  on  its  effective
    47  date are authorized to be made and completed on or before such date.
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