|SAME AS||SAME AS A07429|
|COSPNSR||ADDABBO, BAILEY, BIAGGI, COMRIE, GOUNARDES, HARCKHAM, KAMINSKY, KAPLAN, KAVANAGH, KRUEGER, LIU, MYRIE, REICHLIN-MELNICK, SALAZAR, SEPULVEDA, SERRANO|
|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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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. LBD02576-04-1S. 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.