Bill Text: NY A04596 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Requires pesticide businesses to submit reports to the department of environmental conservation, which reports shall be in electronic format; changes the annual date by which such department must produce pesticide use and sales reporting data from July first to November thirtieth.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2021-05-10 - substituted by s4596 [A04596 Detail]

Download: New_York-2021-A04596-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          4596

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 4, 2021
                                       ___________

        Introduced by M. of A. ENGLEBRIGHT, COLTON, COOK, L. ROSENTHAL, CARROLL,
          ABINANTI, OTIS, GLICK, BARRETT -- Multi-Sponsored by -- M. of A. FAHY,
          GOTTFRIED,  HEVESI, J. RIVERA, SOLAGES, STECK, THIELE -- read once and
          referred to the Committee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          compilation of data on pesticides

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.   Subdivision 2 of section  33-1201  of  the  environmental
     2  conservation  law,  as  added  by  chapter  279  of the laws of 1996, is
     3  amended to read as follows:
     4    2. The commissioner shall prepare an annual report summarizing  pesti-
     5  cide  sales,  quantity  of  pesticides  used, category of applicator and
     6  region of application. Pesticide data shall be compiled and reported  by
     7  both  product  name and by active ingredient. The commissioner shall not
     8  provide the name, address, or any other information which  would  other-
     9  wise  identify  a  commercial  or  private applicator, or any person who
    10  sells or offers for sale restricted use or general use pesticides  to  a
    11  private applicator, or any person who received the services of a commer-
    12  cial  applicator.  In accordance with article six of the public officers
    13  law, proprietary information contained  within  such  record,  including
    14  price  charged  per product, shall not be disclosed. The report shall be
    15  submitted to the governor, the temporary president of the senate and the
    16  speaker of the assembly, and shall be made available to  all  interested
    17  parties.  The  first  report  shall be submitted on July first, nineteen
    18  hundred ninety-eight and on [July  first]  November  thirtieth  annually
    19  thereafter.
    20    §  2.  Paragraph a of subdivision 1 of section 33-1203 of the environ-
    21  mental conservation law, as added by chapter 279 of the laws of 1996, is
    22  amended to read as follows:
    23    a. The commissioner shall,  upon  written  request  of  an  interested
    24  party,  in  printed or electronic form [or on a diskette in computerized
    25  data base format] , as requested by such party provide  the  information
    26  on  pesticides  submitted to the department pursuant to sections 33-1205

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08606-02-1
        A. 4596                             2

     1  and 33-1207 of this title. Such information shall be provided by  county
     2  or  counties,  or five-digit zip code or codes as selected by the inter-
     3  ested party making  the  written  request.    Pesticide  data  shall  be
     4  provided  by  both  product name and active ingredient. The commissioner
     5  shall not provide the name, address,  or  any  other  information  which
     6  would  otherwise  identify  a  commercial  or private applicator, or any
     7  person who sells or offers for sale restricted use or general use pesti-
     8  cides to a private applicator, or any person who received  the  services
     9  of a commercial applicator. In accordance with article six of the public
    10  officers  law,  proprietary  information  contained  within such record,
    11  including price  charged  per  product,  shall  not  be  disclosed.  The
    12  provisions  of this paragraph shall not apply to the provision of pesti-
    13  cide data to the commissioner of health,  the  health  research  science
    14  board  and researchers pursuant to title one-B of article twenty-four of
    15  the public health law.
    16    § 3. The second undesignated paragraph of  subdivision  1  of  section
    17  33-1205  of  the environmental conservation law, as added by chapter 279
    18  of the laws of 1996, is amended to read as follows:
    19    Such records shall be maintained for a period of not less  than  three
    20  years.    All  commercial  applicators  shall file, at least annually, a
    21  report or reports containing such information with  the  department  [on
    22  computer  diskette or in printed form] in an electronic format developed
    23  by the department consistent  with  system  file  specifications  or  on
    24  scannable  forms developed by the department on or before February first
    25  for the prior calendar year.   All  commercial  applicators  shall  also
    26  maintain  corresponding records of the dosage rates, methods of applica-
    27  tion and target organisms for each pesticide application.  These records
    28  shall be maintained on an annual basis and retained for a period of  not
    29  less than three years and shall be available for inspection upon request
    30  by the department.
    31    §  4. The closing paragraph of paragraph a of subdivision 2 of section
    32  33-1205 of the environmental conservation law, as amended by chapter 260
    33  of the laws of 1997, is amended to read as follows:
    34    Every person who sells or offers for sale restricted use pesticides to
    35  private applicators shall file, at least annually, a report  or  reports
    36  containing such information with the department [on computer diskette or
    37  in  printed  form]  in  an electronic format developed by the department
    38  consistent with system file specifications or on scannable forms  devel-
    39  oped  by the department on or before February first for the prior calen-
    40  dar year.  The department shall not use the reports  filed  pursuant  to
    41  this paragraph for enforcement purposes.
    42    §  5.  Subdivision 2 of section 33-1207 of the environmental conserva-
    43  tion law, as added by chapter 279 of the laws of  1996,  is  amended  to
    44  read as follows:
    45    2.  Such  records  shall  be  maintained for a period of not less than
    46  three years.   All manufacturers and  importers  shall  file  an  annual
    47  report  containing  such  information  with  the department [on computer
    48  diskette or in printed form] in an electronic format  developed  by  the
    49  department  consistent  with  system file specifications or on scannable
    50  forms developed by the department on or before February  first  for  the
    51  prior calendar year.
    52    §  6.  This  act  shall take effect on the sixtieth day after it shall
    53  have become a law.