S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4522--B
           Cal. No. 1040
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     April 8, 2011
                                      ___________
       Introduced  by  Sens.  GRISANTI,  DeFRANCISCO, MAZIARZ -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Environmental Conservation -- recommitted to the Committee on Environ-
         mental  Conservation  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 commit-
         tee, ordered to first and second report,  amended  on  second  report,
         ordered  to a third reading, and to be reprinted as amended, retaining
         its place in the order of third reading
       AN ACT to amend the environmental conservation law, in relation to mini-
         mum risk pesticides
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   Section 33-0905 of the environmental conservation law is
    2  amended by adding a new subdivision 2-a to read as follows:
    3    2-A. THE COMMISSIONER MAY, PURSUANT  TO  PARAGRAPH  E  OF  SUBDIVISION
    4  THREE  OF  SECTION 33-0303 OF THIS ARTICLE, ADOPT REGULATIONS ON THE USE
    5  OF PESTICIDES INCLUDING THE APPROPRIATE METHOD AND SETTING FOR  THE  USE
    6  OF  PESTICIDES  CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
    7  AGENCY AS AN EXEMPT MATERIAL UNDER 40  CFR  PART  152.25,  OFTEN  CALLED
    8  MINIMUM  RISK  PESTICIDES, WHICH ARE EXEMPT FROM THE REQUIREMENTS OF THE
    9  FEDERAL INSECTICIDE, FUNGICIDE AND  RODENTICIDE  ACT.  SUCH  REGULATIONS
   10  SHALL  ENCOMPASS  ALL  FACTORS  NECESSARY TO PREVENT DAMAGE OR INJURY TO
   11  HEALTH, PROPERTY AND WILDLIFE.
   12    S 2. This act shall take effect on the one hundred twentieth day after
   13  it shall have become a law. Effective immediately, the addition,  amend-
   14  ment  and/or  repeal of any rule or regulations necessary for the imple-
   15  mentation of this act on its effective date is authorized to be made  on
   16  or before such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10768-05-2