Bill Text: NY A07429 | 2021-2022 | General Assembly | Amended
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: Partisan Bill (Democrat 46-2)
Status: (Engrossed - Dead) 2022-04-27 - REFERRED TO ENVIRONMENTAL CONSERVATION [A07429 Detail]
Download: New_York-2021-A07429-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7429--A 2021-2022 Regular Sessions IN ASSEMBLY May 7, 2021 ___________ Introduced by M. of A. ENGLEBRIGHT, GRIFFIN, BURDICK, THIELE, PAULIN, EPSTEIN, BARNWELL, SIMON, FORREST, GOTTFRIED, STECK, L. ROSENTHAL, DICKENS, JACKSON, DINOWITZ, OTIS, SILLITTI, GLICK, ZINERMAN, JACOBSON, COLTON, STERN, NIOU, KELLES, GALLAGHER, FAHY, RAJKUMAR, ABINANTI, MAMDANI, GONZALEZ-ROJAS, CYMBROWITZ, ANDERSON, LAVINE, REYES, BURGOS, CARROLL, SEAWRIGHT, PHEFFER AMATO -- read once and referred to the Committee on Environmental Conservation -- recommitted to the Commit- tee on Environmental Conservation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 13 department, that there is a lack of commercially available seed that has 14 not been treated with the active ingredients clothianidin, imidacloprid, 15 thiamethoxam, dinotefuran or acetamiprid or the purchase of seed that 16 complies with the requirements of this paragraph would result in undue EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02576-10-2A. 7429--A 2 1 financial hardship to agricultural producers. Any such temporary 2 suspension shall specify the type of seed included. 3 b. (1) No person shall apply or treat outdoor ornamental plants and 4 turf, except for the production of agricultural commodities, with a 5 pesticide containing: 6 (i) the active ingredients imidacloprid, thiamethoxam or acetamiprid 7 on or after July first, two thousand twenty-four; 8 (ii) the active ingredients clothianidin or dinotefuran effective 9 immediately. 10 (2) a. The provisions of this paragraph shall not apply where the 11 commissioner, in consultation with the department of agriculture and 12 markets, by written order, determines that: 13 (i) a valid environmental emergency exists; 14 (ii) the pesticide would be effective in addressing the environmental 15 emergency; and 16 (iii) no other, less harmful pesticide or pest management practice 17 would be effective in addressing the environmental emergency. 18 b. Any such order shall include the basis for the commissioner's 19 determination and specify the approved time period, geographic scope, 20 and purpose of the permitted use of such pesticide. An order issued 21 pursuant to this section shall be valid for a period not to exceed six 22 months. 23 c. For the purposes of this subdivision "environmental emergency" 24 means: an occurrence of any pest which presents a significant risk of 25 harm or injury to the environment, or significant harm, injury, or loss 26 to agricultural crops, including, but not limited to, any exotic or 27 foreign pest which may need preventative quarantine measures to avert or 28 prevent that risk, as determined by the department in consultation with 29 the department of agriculture and markets. 30 § 3. The department of environmental conservation, in consultation 31 with the department of agriculture and markets, New York state's land 32 grant university, and state university of New York college of environ- 33 mental science and forestry shall conduct a study to identify practica- 34 ble and feasible alternatives to the use of pesticides containing the 35 active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran 36 or acetamiprid. The results of the study shall be submitted to the 37 governor, the temporary president of the senate and the speaker of the 38 assembly on or before January 1, 2023 and shall be posted on the depart- 39 ment's public website. 40 § 4. This act shall take effect on the ninetieth day after it shall 41 have become a law. Effective immediately, the addition, amendment and/or 42 repeal of any rule or regulation necessary for the implementation of 43 this act on its effective date are authorized to be made and completed 44 on or before such date.
