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.
STATE OF NEW YORK
________________________________________________________________________
1856--A
Cal. No. 1135
2023-2024 Regular Sessions
IN SENATE
January 17, 2023
___________
Introduced by Sens. HOYLMAN-SIGAL, ADDABBO, BAILEY, BRESLIN, BRISPORT,
BROUK, CLEARE, COMRIE, FERNANDEZ, GONZALEZ, GOUNARDES, HARCKHAM, JACK-
SON, KAVANAGH, KENNEDY, KRUEGER, LIU, MAYER, MYRIE, RIVERA, RYAN,
SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY -- read twice and
ordered printed, and when printed to be committed to the Committee on
Environmental Conservation -- reported favorably from said committee,
ordered to first and second report, amended on second report, ordered
to a third reading, and to be reprinted as amended, retaining its
place in the order of third reading
AN ACT to amend the environmental conservation law, in relation to
enacting the birds and bees protection act
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 13 to read as follows:
5 13. a. Beginning January first, two thousand twenty-seven, for any
6 person to sell, offer for sale or use, or distribute within the state
7 any corn, soybean or wheat seeds coated or treated with pesticides with
8 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
9 furan, or acetamiprid; provided, however, that the commissioner may, by
10 written order, temporarily suspend the provisions of this paragraph at
11 any time based on the commissioner's determination, after consulting
12 with the commissioner of agriculture and markets, that there is an
13 insufficient amount of commercially available seed to adequately supply
14 the agriculture market that has not been treated with pesticides with
15 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
16 furan or acetamiprid or the purchase of seed that complies with the
17 requirements of this paragraph would result in undue financial hardship
18 to agricultural producers. The commissioner, in consultation with the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02118-05-3
S. 1856--A 2
1 commissioner of agriculture and markets, shall publish such written
2 order on or before October first next succeeding the date upon which it
3 shall become law and reevaluate any such determination on an annual
4 basis. By October first of each year, the commissioner shall publish a
5 written directive a s to whether there shall be such temporary suspen-
6 sion for the forthcoming year. Any such temporary suspension shall spec-
7 ify the type of seed included and shall apply for one calendar year.
8 b. (1) No person shall apply or treat outdoor ornamental plants and
9 turf, except for the production of agricultural commodities, with a
10 pesticide containing:
11 (i) the active ingredients imidacloprid, thiamethoxam or acetamiprid
12 on or after July first, two thousand twenty-five;
13 (ii) the active ingredients clothianidin or dinotefuran effective
14 immediately.
15 (2) a. The provisions of this paragraph shall not apply where the
16 commissioner, by written order, determines that:
17 (i) a valid environmental emergency exists;
18 (ii) the pesticide would be effective in addressing the environmental
19 emergency; and
20 (iii) no other, less harmful pesticide or pest management practice
21 would be effective in addressing the environmental emergency.
22 b. Any such order shall include the basis for the commissioner's
23 determination and specify the approved time period, geographic scope,
24 and purpose of the permitted use of such pesticide. An order issued
25 pursuant to this section shall be valid for a period not to exceed one
26 year.
27 (3) The provisions of this paragraph shall not apply to pesticide
28 applications by, or under the supervision of, a certified applicator for
29 treatment against invasive species in woody plants.
30 c. For the purposes of this subdivision "environmental emergency"
31 means: an occurrence of any pest which presents a significant risk of
32 harm or injury to the environment, or significant harm, injury, or loss
33 to agricultural crops, including, but not limited to, any exotic or
34 foreign pest which may need preventative quarantine measures to avert or
35 prevent that risk, as determined by the department in consultation with
36 the department of agriculture and markets.
37 § 3. The department of environmental conservation, in consultation
38 with the department of agriculture and markets, New York state's land
39 grant university, and state university of New York college of environ-
40 mental science and forestry shall conduct a study to identify practica-
41 ble and feasible alternatives to the use of pesticides containing the
42 active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran
43 or acetamiprid. The results of the study shall be submitted to the
44 governor, the temporary president of the senate and the speaker of the
45 assembly on or before January 1, 2026 and shall be posted on the depart-
46 ment's public website.
47 § 4. This act shall take effect on the ninetieth day after it shall
48 have become a law. Effective immediately, the addition, amendment and/or
49 repeal of any rule or regulation necessary for the implementation of
50 this act on its effective date are authorized to be made and completed
51 on or before such effective date.
