S00699 Summary:

BILL NOS00699D
 
SAME ASSAME AS A07429-A
 
SPONSORHOYLMAN
 
COSPNSRADDABBO, BAILEY, BIAGGI, BRESLIN, BRISPORT, BROOKS, BROUK, CLEARE, COMRIE, GAUGHRAN, GOUNARDES, HARCKHAM, JACKSON, KAMINSKY, KAPLAN, KAVANAGH, KENNEDY, KRUEGER, LIU, MARTUCCI, MAYER, MYRIE, REICHLIN-MELNICK, RIVERA, RYAN, SALAZAR, SANDERS, SEPULVEDA, SERRANO, STAVISKY
 
MLTSPNSR
 
Amd §33-1301, En Con L
 
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.
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S00699 Actions:

BILL NOS00699D
 
01/06/2021REFERRED TO ENVIRONMENTAL CONSERVATION
03/03/2021AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
03/03/2021PRINT NUMBER 699A
04/22/2021AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
04/22/2021PRINT NUMBER 699B
06/08/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/08/2021ORDERED TO THIRD READING CAL.1617
06/08/2021PASSED SENATE
06/08/2021DELIVERED TO ASSEMBLY
06/08/2021referred to environmental conservation
01/05/2022died in assembly
01/05/2022returned to senate
01/05/2022REFERRED TO ENVIRONMENTAL CONSERVATION
04/25/2022AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
04/25/2022PRINT NUMBER 699C
05/03/20221ST REPORT CAL.1035
05/04/20222ND REPORT CAL.
05/05/2022ADVANCED TO THIRD READING
05/23/2022AMENDED ON THIRD READING 699D
06/03/2022COMMITTED TO RULES
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S00699 Committee Votes:

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S00699 Floor Votes:

There are no votes for this bill in this legislative session.
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S00699 Text:



 
                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.
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