S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3585

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 25, 2009
                               ___________

Introduced  by  Sens.  KRUEGER,  HASSELL-THOMPSON,  HUNTLEY, C. JOHNSON,
  MONSERRATE, SAVINO -- read twice and ordered printed, and when printed
  to be committed to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  breast  cancer
  research; and 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:

  Section 1.  Paragraph (e) of subdivision 1  of  section  2411  of  the
public  health  law,  as  amended by chapter 219 of the laws of 1997, is
amended to read as follows:
  (e) Solicit, receive, and review applications from public and  private
agencies  and  organizations  and  qualified  research  institutions for
grants from the breast  cancer  research  and  education  fund,  created
pursuant to section ninety-seven-yy of the state finance law, to conduct
research  or educational programs which focus on the causes, prevention,
screening, treatment and cure of breast cancer and may include, but  are
not  limited  to  MAPPING OF BREAST CANCER, AND basic, behavioral, clin-
ical,  demographic,  environmental,   epidemiologic   and   psychosocial
research.  The board shall make recommendations to the commissioner, and
the commissioner shall, in his or  her  discretion,  grant  approval  of
applications  for  grants  from  those  applications  recommended by the
board.  The board shall consult with the Centers for Disease Control and
Prevention, the National Institutes of Health, the  Federal  Agency  For
Health  Care  Policy  and  Research,  the  National Academy of Sciences,
breast cancer advocacy groups, and other organizations or entities which
may be involved in breast cancer research to  solicit  both  information
regarding  breast  cancer  research  projects  that  are currently being
conducted and recommendations for future research projects. As  used  in
this  section,  "qualified  research  institution"  may include academic
medical institutions, state or  local  government  agencies,  public  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04835-02-9
              

S. 3585                             2

private  organizations  within  this  state,  and  any other institution
approved by the department, which is conducting a breast cancer research
project or educational program. If a board member submits an application
for  a  grant  from the breast cancer research and education fund, he or
she shall be prohibited from reviewing and making  a  recommendation  on
the application;
  S  2.  Subdivision 2 of section 33-1201 of the environmental conserva-
tion law, as added by chapter 279 of the laws of  1996,  is  amended  to
read as follows:
  2.  The commissioner shall prepare an annual report summarizing pesti-
cide sales, quantity of pesticides  used,  category  of  applicator  and
region  of application. PESTICIDE DATA SHALL BE COMPILED AND REPORTED BY
BOTH PRODUCT NAME AND BY ACTIVE INGREDIENT. The commissioner  shall  not
provide  the  name, address, or any other information which would other-
wise identify a commercial or private  applicator,  or  any  person  who
sells  or  offers for sale restricted use or general use pesticides to a
private applicator, or any person who received the services of a commer-
cial applicator. In accordance with article six of the  public  officers
law,  proprietary  information  contained  within such record, including
price charged per product, shall not be disclosed. The report  shall  be
submitted to the governor, the temporary president of the senate and the
speaker  of  the assembly, and shall be made available to all interested
parties. The first report shall be submitted  on  July  first,  nineteen
hundred  ninety-eight  and  on  [July first] NOVEMBER THIRTIETH annually
thereafter.
  S 3. Paragraph a of subdivision 1 of section 33-1203 of  the  environ-
mental conservation law, as added by chapter 279 of the laws of 1996, is
amended to read as follows:
  a.  The  commissioner  shall,  upon  written  request of an interested
party, in printed form or  on  a  diskette  in  computerized  data  base
format,  provide  the information on pesticides submitted to the depart-
ment pursuant to sections 33-1205 and 33-1207 of this title. Such infor-
mation shall be provided by county or counties, or five-digit  zip  code
or codes as selected by the interested party making the written request.
PESTICIDE  DATA SHALL BE PROVIDED BY BOTH PRODUCT NAME AND ACTIVE INGRE-
DIENT. The commissioner shall not provide  the  name,  address,  or  any
other information which would otherwise identify a commercial or private
applicator, or any person who sells or offers for sale restricted use or
general  use  pesticides  to  a  private  applicator,  or any person who
received the services of a commercial  applicator.  In  accordance  with
article   six  of  the  public  officers  law,  proprietary  information
contained within such record, including price charged per product, shall
not be disclosed. The provisions of this paragraph shall  not  apply  to
the  provision  of  pesticide  data  to  the commissioner of health, the
health research science board and researchers pursuant to title one-B of
article twenty-four of the public health law.
  S 4. The second undesignated paragraph of  subdivision  1  of  section
33-1205  of  the environmental conservation law, as added by chapter 279
of the laws of 1996, is amended to read as follows:
  Such records shall be maintained for a period of not less  than  three
years.    All  commercial  applicators  shall file, at least annually, a
report or reports containing such information with  the  department  [on
computer  diskette or in printed form] IN AN ELECTRONIC FORMAT DEVELOPED
BY THE DEPARTMENT CONSISTENT  WITH  SYSTEM  FILE  SPECIFICATIONS  OR  ON
SCANNABLE  FORMS DEVELOPED BY THE DEPARTMENT on or before February first
for the prior calendar year.   All  commercial  applicators  shall  also

S. 3585                             3

maintain  corresponding records of the dosage rates, methods of applica-
tion and target organisms for each pesticide application.  These records
shall be maintained on an annual basis and retained for a period of  not
less than three years and shall be available for inspection upon request
by the department.
  S  5. The closing paragraph of paragraph a of subdivision 2 of section
33-1205 of the environmental conservation law, as amended by chapter 260
of the laws of 1997, is amended to read as follows:
  Every person who sells or offers for sale restricted use pesticides to
private applicators shall file, at least annually, a report  or  reports
containing such information with the department [on computer diskette or
in  printed  form]  IN  AN ELECTRONIC FORMAT DEVELOPED BY THE DEPARTMENT
CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE FORMS  DEVEL-
OPED  BY THE DEPARTMENT on or before February first for the prior calen-
dar year.  The department shall not use the reports  filed  pursuant  to
this paragraph for enforcement purposes.
  S  6.  Subdivision 2 of section 33-1207 of the environmental conserva-
tion law, as added by chapter 279 of the laws of  1996,  is  amended  to
read as follows:
  2.  Such  records  shall  be  maintained for a period of not less than
three years.   All manufacturers and  importers  shall  file  an  annual
report  containing  such  information  with  the department [on computer
diskette or in printed form] IN AN ELECTRONIC FORMAT  DEVELOPED  BY  THE
DEPARTMENT  CONSISTENT  WITH  SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE
FORMS DEVELOPED BY THE DEPARTMENT on or before February  first  for  the
prior calendar year.
  S 7. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.