Bill Text: NY S07781 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires compilation of additional data on pesticides; provides that pesticide data shall be compiled and reported by both EPA registration number and by active ingredient; requires the department of environmental conservation's report on pesticide data shall be posted on the department's website annually by December 31st.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-02-07 - SUBSTITUTED BY A8716 [S07781 Detail]
Download: New_York-2021-S07781-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7781 IN SENATE January 11, 2022 ___________ Introduced by Sen. KAMINSKY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the environmental conservation law, in relation to compilation of data on pesticides; and to amend a chapter of the laws of 2021 amending the environmental conservation law relating to compi- lation of data on pesticides, as proposed in legislative bills numbers S. 4596 and A. 4596, in relation to the effectiveness thereof 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 amended by a chapter of the laws of 2021 amending 3 the environmental conservation law relating to compilation of data on 4 pesticides, as proposed in legislative bills numbers S. 4596 and A. 5 4596, is amended to read as follows: 6 2. The commissioner shall prepare an annual report summarizing pesti- 7 cide sales, quantity of pesticides used, category of applicator and 8 region of application. Pesticide data shall be compiled and reported by 9 both [product name] EPA registration number and by active ingredient. 10 The commissioner shall not provide the name, address, or any other 11 information which would otherwise identify a commercial or private 12 applicator, or any person who sells or offers for sale restricted use or 13 general use pesticides to a private applicator, or any person who 14 received the services of a commercial applicator. In accordance with 15 article six of the public officers law, proprietary information 16 contained within such record, including price charged per product, shall 17 not be disclosed. The report shall be posted on the department's website 18 annually by December thirty-first and be submitted to the governor, the 19 temporary president of the senate and the speaker of the assembly[, and20shall be made available to all interested parties. The first report21shall be submitted on July first, nineteen hundred ninety-eight and on22November thirtieth annually thereafter]. 23 § 2. Paragraph a of subdivision 1 of section 33-1203 of the environ- 24 mental conservation law, as amended by a chapter of the laws of 2021 25 amending the environmental conservation law relating to compilation of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08606-03-2S. 7781 2 1 data on pesticides, as proposed in legislative bills numbers S. 4596 and 2 A. 4596, is amended to read as follows: 3 a. The commissioner shall, upon written request of an interested 4 party, in printed or electronic form, as requested by such party provide 5 the information on pesticides submitted to the department pursuant to 6 sections 33-1205 and 33-1207 of this title. Such information shall be 7 provided by county or counties, or five-digit zip code or codes as 8 selected by the interested party making the written request. Pesticide 9 data shall be provided by [both] EPA registration number, product name 10 and active ingredient. The commissioner shall not provide the name, 11 address, or any other information which would otherwise identify a 12 commercial or private applicator, or any person who sells or offers for 13 sale restricted use or general use pesticides to a private applicator, 14 or any person who received the services of a commercial applicator. In 15 accordance with article six of the public officers law, proprietary 16 information contained within such record, including price charged per 17 product, shall not be disclosed. The provisions of this paragraph shall 18 not apply to the provision of pesticide data to the commissioner of 19 health, the health research science board and researchers pursuant to 20 title one-B of article twenty-four of the public health law. 21 § 3. The second undesignated paragraph of subdivision 1 of section 22 33-1205 of the environmental conservation law, as amended by a chapter 23 of the laws of 2021 amending the environmental conservation law relating 24 to compilation of data on pesticides, as proposed in legislative bills 25 numbers S. 4596 and A. 4596, is amended to read as follows: 26 Such records shall be maintained for a period of not less than three 27 years. All commercial applicators shall file, at least annually, a 28 report or reports containing such information with the department in an 29 electronic format developed or accepted by the department consistent 30 with system file specifications or on scannable forms, if developed by 31 the department, on or before February first for the prior calendar year. 32 All commercial applicators shall also maintain corresponding records of 33 the dosage rates, methods of application and target organisms for each 34 pesticide application. These records shall be maintained on an annual 35 basis and retained for a period of not less than three years and shall 36 be available for inspection upon request by the department. 37 § 4. The closing paragraph of paragraph a of subdivision 2 of section 38 33-1205 of the environmental conservation law, as amended by a chapter 39 of the laws of 2021 amending the environmental conservation law relating 40 to compilation of data on pesticides, as proposed in legislative bills 41 numbers S. 4596 and A. 4596, is amended to read as follows: 42 Every person who sells or offers for sale restricted use pesticides to 43 private applicators shall file, at least annually, a report or reports 44 containing such information with the department in an electronic format 45 developed or accepted by the department consistent with system file 46 specifications or on scannable forms, if developed by the department, on 47 or before February first for the prior calendar year. The department 48 shall not use the reports filed pursuant to this paragraph for enforce- 49 ment purposes. 50 § 5. Subdivision 2 of section 33-1207 of the environmental conserva- 51 tion law, as amended by a chapter of the laws of 2021 amending the envi- 52 ronmental conservation law relating to compilation of data on pesti- 53 cides, as proposed in legislative bills numbers S. 4596 and A. 4596, is 54 amended to read as follows: 55 2. Such records shall be maintained for a period of not less than 56 three years. All manufacturers and importers shall file an annual reportS. 7781 3 1 containing such information with the department in an electronic format 2 developed or accepted by the department consistent with system file 3 specifications [or on scannable forms developed by the department] on or 4 before February first for the prior calendar year. 5 § 6. Section 6 of a chapter of the laws of 2021 amending the environ- 6 mental conservation law relating to compilation of data on pesticides, 7 as proposed in legislative bills numbers S. 4596 and A. 4596, is amended 8 to read as follows: 9 § 6. This act shall take effect on the [sixtieth] one hundred eight- 10 ieth day after it shall have become a law. 11 § 7. This act shall take effect on the same date and in the same 12 manner as a chapter of the laws of 2021 amending the environmental 13 conservation law relating to compilation of data on pesticides, as 14 proposed in legislative bills numbers S. 4596 and A. 4596, takes effect.
