Enacts the birds and bees protection act; prohibits the sale of certain pesticides or use of seeds coated with such pesticides; requires the department of environmental conservation to review the latest scientific information concerning certain pesticide active ingredients.
STATE OF NEW YORK
________________________________________________________________________
699--D
Cal. No. 1035
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sens. HOYLMAN, ADDABBO, BAILEY, BIAGGI, BRISPORT, BROOKS,
BROUK, CLEARE, COMRIE, GAUGHRAN, GOUNARDES, HARCKHAM, KAMINSKY,
KAPLAN, KAVANAGH, KRUEGER, LIU, MARTUCCI, MYRIE, REICHLIN-MELNICK,
RIVERA, SALAZAR, SEPULVEDA, SERRANO -- read twice and ordered printed,
and when printed to be committed to the Committee on Environmental
Conservation -- committee discharged, bill amended, ordered reprinted
as amended and recommitted to said committee -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- recommitted to the Committee on Environmental Conserva-
tion in accordance with Senate Rule 6, sec. 8 -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee -- reported favorably from said committee, ordered to first
and second report, ordered to a third reading, amended and ordered
reprinted, retaining its place in the order of third reading
AN ACT to amend the environmental conservation law, in relation to
enacting the birds and bees protection act
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 13 to read as follows:
5 13. a. Beginning January first, two thousand twenty-five, for any
6 person to sell, offer for sale or use, or distribute within the state
7 any corn, soybean or wheat seeds coated or treated with pesticides with
8 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
9 furan, or acetamiprid; provided, however, that the governor may, by
10 issuing an executive order, temporarily suspend the provisions of this
11 paragraph at any time based on the governor's determination, after
12 consulting with the commissioners of agriculture and markets and the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02576-11-2
S. 699--D 2
1 department, that there is a lack of commercially available seed that has
2 not been treated with the active ingredients clothianidin, imidacloprid,
3 thiamethoxam, dinotefuran or acetamiprid or the purchase of seed that
4 complies with the requirements of this paragraph would result in undue
5 financial hardship to agricultural producers. Any such temporary
6 suspension shall specify the type of seed included.
7 b. (1) No person shall apply or treat outdoor ornamental plants and
8 turf, except for the production of agricultural commodities, with a
9 pesticide containing:
10 (i) the active ingredients imidacloprid, thiamethoxam or acetamiprid
11 on or after July first, two thousand twenty-four;
12 (ii) the active ingredients clothianidin or dinotefuran effective
13 immediately.
14 (2) a. The provisions of this paragraph shall not apply where the
15 commissioner, in consultation with the department of agriculture and
16 markets, by written order, determines that:
17 (i) a valid environmental emergency exists;
18 (ii) the pesticide would be effective in addressing the environmental
19 emergency; and
20 (iii) no other, less harmful pesticide or pest management practice
21 would be effective in addressing the environmental emergency.
22 b. Any such order shall include the basis for the commissioner's
23 determination and specify the approved time period, geographic scope,
24 and purpose of the permitted use of such pesticide. An order issued
25 pursuant to this section shall be valid for a period not to exceed six
26 months.
27 c. For the purposes of this subdivision "environmental emergency"
28 means: an occurrence of any pest which presents a significant risk of
29 harm or injury to the environment, or significant harm, injury, or loss
30 to agricultural crops, including, but not limited to, any exotic or
31 foreign pest which may need preventative quarantine measures to avert or
32 prevent that risk, as determined by the department in consultation with
33 the department of agriculture and markets.
34 § 3. The department of environmental conservation, in consultation
35 with the department of agriculture and markets, New York state's land
36 grant university, and state university of New York college of environ-
37 mental science and forestry shall conduct a study to identify practica-
38 ble and feasible alternatives to the use of pesticides containing the
39 active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran
40 or acetamiprid. The results of the study shall be submitted to the
41 governor, the temporary president of the senate and the speaker of the
42 assembly on or before January 1, 2023 and shall be posted on the depart-
43 ment's public website.
44 § 4. This act shall take effect on the ninetieth day after it shall
45 have become a law. Effective immediately, the addition, amendment and/or
46 repeal of any rule or regulation necessary for the implementation of
47 this act on its effective date are authorized to be made and completed
48 on or before such date.