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

                                   908

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  KRUEGER,  HASSELL-THOMPSON, HUNTLEY, OPPENHEIMER,
  PARKER, SERRANO, STAVISKY -- 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

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

                                                           LBD04951-01-1

S. 908                              2

medical  institutions,  state  or  local  government agencies, public or
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

S. 908                              3

for the prior calendar year.   All  commercial  applicators  shall  also
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.