Amd S24-0107, add SS24-1302 & 25-0303, rpld & add S25-0103, En Con L; add S119-d, Pub Serv L
Prohibits the application of pesticides upon freshwater and tidal wetlands, except upon the declaration of a public health emergency by the commissioner of health; prohibits the application of pesticides to a public utility right-of-way.
STATE OF NEW YORK
________________________________________________________________________
1703
2009-2010 Regular Sessions
IN ASSEMBLY
January 9, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, COLTON, SCHIMEL -- read once and
referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to the
application of pesticides to fresh water and tidal wetlands; to amend
the public service law, in relation to prohibiting the application of
pesticides to public utility company right-of-ways; and to repeal
subdivision 2 of section 25-0103 of the environmental conservation law
relating to the definition of "commissioner"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 24-0107 of the environmental conservation law is
2 amended by adding a new subdivision 9 to read as follows:
3 9. "Pesticide" shall have the same meaning as is ascribed to such term
4 by subdivision thirty-five of section 33-0101 of this chapter.
5 § 2. The environmental conservation law is amended by adding a new
6 section 24-1302 to read as follows:
7 § 24-1302. Prohibition on the application of pesticides.
8 1. Notwithstanding any provision of article thirty-three of this chap-
9 ter to the contrary, the application of any pesticide to a freshwater
10 wetland shall be prohibited, except upon the declaration of the commis-
11 sioner of health of a public health emergency requiring the application
12 of a pesticide to specific freshwater wetlands.
13 2. Every application of a pesticide to freshwater wetlands during a
14 public health emergency shall be performed not less than three days
15 after such public notification thereof as shall be required by the rules
16 and regulations of the commissioner.
17 § 3. Subdivision 2 of section 25-0103 of the environmental conserva-
18 tion law is REPEALED and a new subdivision 2 is added to read as
19 follows:
20 2. "Pesticide" shall have the same meaning as is ascribed to such term
21 by subdivision thirty-five of section 33-0101 of this chapter.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05156-01-9
A. 1703 2
1 § 4. The environmental conservation law is amended by adding a new
2 section 25-0303 to read as follows:
3 § 25-0303. Prohibition on the application of pesticides.
4 1. Notwithstanding any provision of article thirty-three of this chap-
5 ter to the contrary, the application of any pesticide to a tidal wetland
6 shall be prohibited, except upon the declaration of the commissioner of
7 health of a public health emergency requiring the application of a
8 pesticide to specific tidal wetlands.
9 2. Every application of a pesticide to tidal wetlands during a public
10 health emergency shall be performed not less than three days after such
11 public notification as shall be required by the rules and regulations of
12 the commissioner.
13 § 5. The public service law is amended by adding a new section 119-d
14 to read as follows:
15 § 119-d. Prohibit public utility right-of-way pesticide application.
16 1. No public utility company shall apply or allow to be applied any
17 pesticide to any right-of-way of such utility company.
18 2. For the purposes of this section, the term "pesticide" shall have
19 the same meaning as is ascribed to such term by subdivision thirty-five
20 of section 33-0101 of the environmental conservation law.
21 § 6. This act shall take effect on the first of January next succeed-
22 ing the date on which it shall have become a law; provided that any
23 rules and regulations necessary to implement the provisions of this act
24 on its effective date are authorized and directed to be promulgated and
25 completed on or before such date.
REPEAL NOTE.--Subdivision 2 of section 25-0103 of the environmental
conservation law, proposed to be repealed by section three of this act,
defines "commissioner" to be the commissioner of environmental conserva-
tion for the purposes of such law. Such subdivision is redundant since
"commissioner" is so defined for the entirety of the environmental
conservation law by section 1-0303 of such law.
