Bill Text: NY A03226 | 2023-2024 | General Assembly | Introduced

---

Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 40-3)

Status: (Engrossed - Dead) 2024-01-16 - committed to environmental conservation [A03226 Detail]

Download: New_York-2023-A03226-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3226

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by M. of A. GLICK -- read once and referred to the Committee
          on Environmental Conservation

        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-six,  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 commissioner may, by
    10  written order, temporarily suspend the provisions of this  paragraph  at
    11  any  time  based  on  the commissioner's determination, after consulting
    12  with the commissioner of agriculture and markets, that there is  a  lack
    13  of commercially available seed that has not been treated with pesticides
    14  with    the active ingredients clothianidin, imidacloprid, thiamethoxam,
    15  dinotefuran or acetamiprid or the purchase of seed  that  complies  with
    16  the requirements of this paragraph would result in undue financial hard-
    17  ship  to  agricultural  producers.   Any such temporary suspension shall
    18  specify the type of seed included.
    19    b. (1) No person shall apply or treat outdoor  ornamental  plants  and
    20  turf,  except  for  the  production  of agricultural commodities, with a
    21  pesticide containing:
    22    (i) the active ingredients imidacloprid, thiamethoxam  or  acetamiprid
    23  on or after July first, two thousand twenty-five;
    24    (ii)  the  active  ingredients  clothianidin  or dinotefuran effective
    25  immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02118-02-3
        A. 3226                             2

     1    (2) a. The provisions of this paragraph  shall  not  apply  where  the
     2  commissioner, by written order, determines that:
     3    (i) a valid environmental emergency exists;
     4    (ii)  the pesticide would be effective in addressing the environmental
     5  emergency; and
     6    (iii) no other, less harmful pesticide  or  pest  management  practice
     7  would be effective in addressing the environmental emergency.
     8    b.  Any  such  order  shall  include  the basis for the commissioner's
     9  determination and specify the approved time  period,  geographic  scope,
    10  and  purpose  of  the   permitted use of such pesticide. An order issued
    11  pursuant to this section shall be valid for a period not to  exceed  one
    12  year.
    13    c.  For  the  purposes  of  this subdivision "environmental emergency"
    14  means:  an occurrence of any  pest which presents a significant risk  of
    15  harm or injury to the  environment, or significant harm, injury, or loss
    16  to  agricultural  crops,    including, but not limited to, any exotic or
    17  foreign pest which may need preventative quarantine measures to avert or
    18  prevent that risk, as determined by the department in consultation  with
    19  the department of agriculture and markets.
    20    §  3.  The  department  of environmental conservation, in consultation
    21  with the department of agriculture and markets, New  York  state's  land
    22  grant  university,  and state university of New York college of environ-
    23  mental science and forestry shall conduct a study to identify  practica-
    24  ble  and  feasible  alternatives to the use of pesticides containing the
    25  active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran
    26  or acetamiprid.  The results of the study  shall  be  submitted  to  the
    27  governor,  the  temporary president of the senate and the speaker of the
    28  assembly on or before January 1, 2025 and shall be posted on the depart-
    29  ment's public website.
    30    § 4. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law. Effective immediately, the addition, amendment and/or
    32  repeal  of  any  rule  or regulation necessary for the implementation of
    33  this act on its effective date are authorized to be made  and  completed
    34  on or before such date.