Bill Text: NY S04596 | 2021-2022 | General Assembly | Introduced

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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 8-0)

Status: (Passed) 2021-12-21 - APPROVAL MEMO.85 [S04596 Detail]

Download: New_York-2021-S04596-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4596

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 5, 2021
                                       ___________

        Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
          printed to be committed 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

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

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