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A11093 Summary:

BILL NOA11093A
 
SAME ASNo Same As
 
SPONSORRules (Englebright)
 
COSPNSRGlick, Steck, Thiele, Weprin, Rosenthal L, D'Urso, Galef
 
MLTSPNSR
 
Amd 33-1301, 49-0203 & 11-0305, En Con L
 
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.
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A11093 Actions:

BILL NOA11093A
 
06/04/2018referred to environmental conservation
06/07/2018reported referred to codes
06/12/2018amend and recommit to codes
06/12/2018print number 11093a
06/13/2018reported referred to ways and means
06/18/2018reported referred to rules
06/18/2018reported
06/18/2018rules report cal.288
06/18/2018ordered to third reading rules cal.288
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A11093 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        11093--A
 
                   IN ASSEMBLY
 
                                      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-
          tee

        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
    20  insecticides.
    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.
                                                                   LBD16020-04-8

        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
    18  websites.
    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
    33  date.
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