Enacts the birds and bees protection act; prohibits the sale of certain pesticides and requires the commissioner of environmental conservation to report on the use of certain pesticides; requires the department of environmental conservation to consider a strategy for the development of pollinator friendly lands; requires the department of environmental conservation to distribute information to protect migratory birds; and requires the department of environmental conservation to make recommendations to the department of transportation on the species of plantings and the application of pesticides.
STATE OF NEW YORK
June 4, 2018
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright,
Glick, Steck, Thiele, Weprin, L. Rosenthal) -- read once and referred
to the Committee on Environmental Conservation -- reported and
referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
AN ACT to amend the environmental conservation law, in relation to
enacting the birds and bees protection act; and providing for the
repeal of certain provisions upon expiration thereof
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 12 to read as follows:
5 12. a. Beginning January first, two thousand twenty, a manufacturer
6 shall not sell or offer for sale, any pesticides with the active ingre-
7 dients clothianidin, imidacloprid, thiamethoxam, dinotefuran, acetami-
8 prid, thiacloprid, nithiazine, or fipronil within the state.
9 b. Beginning July first, two thousand twenty, a person shall not sell,
10 offer for sale, or use pesticides with the active ingredients clothiani-
11 din, imidacloprid, thiamethoxam, dinotefuran, acetamiprid, thiacloprid,
12 nithiazine, or fipronil within the state.
13 c. By January fifteenth, two thousand twenty-five, the commissioner,
14 in consultation with the commissioner of agriculture and markets, shall
15 report to the legislature on:
16 (1) the latest published and peer-reviewed evidence on whether use of
17 neonicotinoids and fipronil causes unreasonable adverse effects on
18 honeybees, native insect pollinators, and birds; and
19 (2) the impacts, costs, and benefits to resuming the use of such
21 d. This subdivision shall not apply to pet care products used to miti-
22 gate fleas, mites, ticks, heartworms, or other animals that are harmful
23 to the health of a domesticated animal; personal care products used to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 11093--A 2
1 mitigate lice and bedbugs; and, indoor pest control products used to
2 mitigate insects indoors, including ant bait.
3 § 3. Section 49-0203 of the environmental conservation law is amended
4 by adding a new subdivision 5 to read as follows:
5 5. The department shall consider a strategy for the development of
6 pollinator friendly lands including, but not limited to, the planting of
7 vegetation and the use and timing of pesticide applications to protect
8 and promote the health and well-being of pollinators. For the purposes
9 of this subdivision, pollinators shall include birds, bees and other
10 insects that move pollen from one plant to another.
11 § 4. Section 11-0305 of the environmental conservation law is amended
12 by adding three new subdivisions 19, 20 and 21 to read as follows:
13 19. In consultation with the department of state, to develop and
14 distribute to municipal governments a pamphlet on the importance of
15 replacing steady lights on any tower with a flashing light for the
16 purpose of preventing migratory bird mortality. Such pamphlet shall also
17 be made available on the department's and the department of state's
19 20. In consultation with New York state's land grant university, to
20 develop and distribute to all wind turbine operators in the state a
21 pamphlet on migratory bird flight routes and timing. Such pamphlet shall
22 also be made available on the department's website.
23 21. In cooperation with the department of transportation, to make
24 recommendations on the species of plantings, mowing, and the use and
25 timing of pesticide applications on right of ways and parkways.
26 § 5. This act shall take effect on the ninetieth day after it shall
27 have become a law; provided, however, that subdivision 12 of section
28 33-1301 of the environmental conservation law, as added by section two
29 of this act, shall expire and be deemed repealed July 1, 2025. Effective
30 immediately, the addition, amendment and/or repeal of any rule or regu-
31 lation necessary for the implementation of this act on its effective
32 date are authorized to be made and completed on or before such effective