STATE OF NEW YORK
________________________________________________________________________
3578
2023-2024 Regular Sessions
IN ASSEMBLY
February 3, 2023
___________
Introduced by M. of A. BURKE, FAHY, McMAHON, KELLES -- 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-e to read as follows:
12 § 139-e. 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.
LBD03050-01-3
