NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3557
SPONSOR: Burke TITLE OF BILL:
An act to amend the environmental conservation law and the general
municipal law, in relation to allowing municipalities to regulate pesti-
cides
PURPOSE OR GENERAL IDEA OF BILL:
This bill gives a municipality the ability to exercise local control
over the regulation of pesticides within its jurisdiction, as long as it
is stricter than state law. This allows a municipality to properly
respond to circumstances that affect its own citizens and environment
without being restricted by state, law.
SUMMARY OF PROVISIONS:
Section 1. Names the bill the "Municipal Oversight of Natural Systems by
Allowing Non-Toxic Options Act."
Section 2. Amends subdivision 1 of section 33-0303 of the environmental
conservation law to allow municipalities to adopt local laws regulating
the distribution, sale, use and transportation of pesticides.
Section 3. Amends the general municipal law by adding a new section
139-e, which specifies that local laws may only be in addition to exist-
ing provisions of article 33 of the environmental conservation law and
not in conflict with those provisions. Section
4. Establishes the effective date.
JUSTIFICATION:
Studies have shown that various pesticides can be harmful to both people
and the environment. While the federal government and New York State
have taken steps to regulate pesticides, the chemical industry has
invested significant time and resources in keeping its products on the
market, often regardless of their toxicity. Furthermore, aggressive
lobbying efforts in the 1990s led to the passage of state laws that
preempted municipalities from regulating pesticides within their own
jurisdictions. Currently, New York State prohibits local municipalities
from regulating the distribution, sale, use, and transportation of
pesticides. However, the U.S. Supreme Court, in Wisconsin Public
Intervenor v. Mortier (June 21, 1991), affirmed the right of munici-
palities to implement stricter pesticide regulations than federal law
allows, in the interest of protecting public health. This ruling prompt-
ed seven states-Maryland, Vermont, Maine, Alaska, Hawaii, Utah, and
Nevada-to pass laws granting local control over pesticide ordinances. To
better protect people and the environment from harmful pesticides, New
York should join these states in empowering municipalities to take
proactive steps. Allowing local governments to regulate pesticides would
enable communities to address their unique needs without being
constrained by the state's exclusive authority over pesticide regu-
lation. New York State is geographically large and diverse, with commu-
nities facing varying environmental circumstances and priorities. This
bill will enable municipalities to tailor their pesticide regulations to
their specific needs without imposing one-size-fits-all restrictions
that may be less suitable for other areas. Local governments and resi-
dents across New York have expressed a strong desire for greater control
over pesticide use in their communities. The passage of this bill will
give them the tools to create healthier, safer communities and protect
the environment for future generations.
PRIOR LEGISLATIVE HISTORY:
2021-2022: A3611 referred to environmental conservation
2019-2020: A6577 referred to environmental conservation
02/03/23 referred to environmental conservation
01/03/24 referred to environmental conservation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
3557
2025-2026 Regular Sessions
IN ASSEMBLY
January 28, 2025
___________
Introduced by M. of A. BURKE -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law and the general
municipal law, in relation to allowing municipalities to regulate
pesticides
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Municipal
2 Oversight Of Natural Systems By Allowing Non-Toxic Options Act".
3 § 2. Subdivision 1 of section 33-0303 of the environmental conserva-
4 tion law is amended to read as follows:
5 1. Jurisdiction in all matters pertaining to the distribution, sale,
6 use and transportation of pesticides, is by this article vested exclu-
7 sively in the commissioner, provided, however, that any municipality
8 within the state may adopt local laws to regulate the distribution,
9 sale, use and transportation of pesticides.
10 § 3. The general municipal law is amended by adding a new section
11 139-f to read as follows:
12 § 139-f. Pesticides. The governing boards of municipal corporations as
13 defined in section two of this chapter, may adopt local laws to regulate
14 the distribution, sale, use and transportation of pesticides. Such local
15 laws shall be supplemental and in addition to the provisions of article
16 thirty-three of the environmental conservation law and any rules or
17 regulations relating to pesticides and not in conflict therewith.
18 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07019-01-5
