S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1987--A
                                                               Cal. No. 185

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 14, 2009
                                      ___________

       Introduced  by  M. of A. PARMENT, GALEF, ROSENTHAL -- Multi-Sponsored by
         -- M. of A.  BOYLAND, McENENY -- read once and referred to the Commit-
         tee on Agriculture -- reported from committee,  advanced  to  a  third
         reading,  amended  and  ordered  reprinted, retaining its place on the
         order of third reading

       AN ACT to amend the  agriculture  and  markets  law,  the  environmental
         conservation law and the public service law, in relation to the prohi-
         bition of the use of herbicides on utility rights of way

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraphs c and d of subdivision 1 of section 148  of  the
    2  agriculture  and  markets  law,  as  added by chapter 390 of the laws of
    3  1985, are amended and a new paragraph e is added to read as follows:
    4    c. economic threshold; [and]
    5    d. chemical and biological control[.]; AND
    6    E. UTILITY RIGHT OF WAY VEGETATION MANAGEMENT TO  BE  CONDUCTED  IN  A
    7  MANNER  TO ACHIEVE THE FOLLOWING: (I) IDENTIFYING PEST HERBICIDES, DEFO-
    8  LIANTS, DESICCANTS AND PLANT REGULATOR PRACTICES AND THE IMPACT OF THESE
    9  PRACTICES UPON SOIL AND WATER POLLUTION AND HUMAN HEALTH; (II)  DEVELOP-
   10  ING  PRACTICAL  BIOLOGICAL  AND  MECHANICAL  CONTROL MEASURES; AND (III)
   11  PROVIDING THE UTILITY INDUSTRY WITH  TRAINING,  INFORMATION  AND  EDUCA-
   12  TIONAL MATERIALS.
   13    S  2.  Paragraphs e and f of subdivision 2 of section 148 of the agri-
   14  culture and markets law, as added by chapter 390 of the  laws  of  1985,
   15  are amended and a new paragraph g is added to read as follows:
   16    e.  minimized  levels of pesticides in feed, food and the environment;
   17  [and]
   18    f. minimized economic losses due to  crop,  animal  and  stored  grain
   19  pests[.]; AND
   20    G.  ASSISTANCE  ON  THE  TRANSITION FROM A DEPENDENCY UPON HERBICIDES,
   21  DEFOLIANTS, DESICCANTS, AND PLANT REGULATORS TO CONTROL VEGETATION  THAT

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05069-02-9
       A. 1987--A                          2

    1  GROWS  IN UTILITY RIGHTS OF WAY TO MECHANICAL ALTERNATIVES, CROP MANAGE-
    2  MENT, AND BIOLOGICAL CONTROLS.
    3    S  3. Section 33-1301 of the environmental conservation law is amended
    4  by adding a new subdivision 12 to read as follows:
    5    12. FOR ANY PERSON, AGENCY, CORPORATION  OR  CERTIFIED  APPLICATOR  TO
    6  USE,  APPLY,  TREAT,  DISPERSE  OR  DISPOSE OF ANY HERBICIDE, DEFOLIANT,
    7  DESICCANT, OR PLANT REGULATOR UPON ANY UTILITY RIGHT OF WAY OF ANY TELE-
    8  PHONE, TELEGRAPH, PIPELINE, GAS OR  ELECTRIC  CORPORATION  USING  GROUND
    9  EQUIPMENT  OR  AIRCRAFT.  THE PROHIBITION SHALL FOLLOW A SCHEDULE ESTAB-
   10  LISHED IN SUBDIVISION ONE-A OF SECTION SIXTY-FIVE OF THE PUBLIC  SERVICE
   11  LAW,  EXCEPT  FOR  THE PURPOSE OF RESIDENTIAL APPLICATION AND PRIVATE OR
   12  COMMERCIAL APPLICATIONS USED SOLELY FOR  THE  PURPOSE  OF  PRODUCING  AN
   13  AGRICULTURAL COMMODITY.
   14    S  4.  Section 65 of the public service law is amended by adding a new
   15  subdivision 1-a to read as follows:
   16    1-A. THE USE OF ANY HERBICIDES, DEFOLIANTS, DESICCANTS AND PLANT REGU-
   17  LATORS IS PROHIBITED UPON ANY UTILITY RIGHT OF  WAY  OF  ANY  TELEPHONE,
   18  TELEGRAPH, PIPELINE, GAS OR ELECTRIC CORPORATION PURSUANT TO THE FOLLOW-
   19  ING  SCHEDULE:    DISTRIBUTION  LINES  AFTER JANUARY FIRST, TWO THOUSAND
   20  THIRTEEN; TRANSMISSION LINES AFTER JANUARY FIRST, TWO THOUSAND  FIFTEEN;
   21  MAJOR  UTILITY TRANSMISSION FACILITIES AFTER JANUARY FIRST, TWO THOUSAND
   22  SEVENTEEN.  ON AND AFTER THESE DATES THE AFFECTED UTILITY SHALL NO LONG-
   23  ER BE ABLE TO INCLUDE OR HAVE THESE ACTIVITIES INCLUDED AS PART  OF  ANY
   24  JUST OR REASONABLE CHARGE FOR SERVICE NOR RECOVER ANY SUCH COSTS.
   25    S  5. Section 130 of the public service law is amended by adding a new
   26  undesignated paragraph to read as follows:
   27    NOTWITHSTANDING ANY PROVISION OF THIS SECTION  TO  THE  CONTRARY,  THE
   28  COMMISSION AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL NOT BE
   29  PROHIBITED  FROM  BANNING  THE USE OF HERBICIDES, DEFOLIANTS, DESICCANTS
   30  AND PLANT REGULATORS CONSISTENT WITH SECTION  33-1301  OF  THE  ENVIRON-
   31  MENTAL  CONSERVATION  LAW  ACCORDING TO THE TIME SCHEDULE ESTABLISHED IN
   32  SUBDIVISION ONE-A OF SECTION SIXTY-FIVE OF THIS CHAPTER.
   33    S 6. This act shall take effect January 1, 2012.