senate Bill S6165

Signed by Governor Amended

Amends chapter 274 of the laws of 2010, relating to repair of damaged pesticide containers, in relation to the effectiveness thereof

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 23 / Jan / 2014
    • 1ST REPORT CAL.41
  • 27 / Jan / 2014
    • AMENDED 6165A
  • 27 / Jan / 2014
    • 2ND REPORT CAL.
  • 28 / Jan / 2014
    • ADVANCED TO THIRD READING
  • 03 / Feb / 2014
    • PASSED SENATE
  • 03 / Feb / 2014
    • DELIVERED TO ASSEMBLY
  • 03 / Feb / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 26 / Feb / 2014
    • SUBSTITUTED FOR A8439
  • 26 / Feb / 2014
    • ORDERED TO THIRD READING CAL.459
  • 26 / Feb / 2014
    • PASSED ASSEMBLY
  • 26 / Feb / 2014
    • RETURNED TO SENATE
  • 12 / Mar / 2014
    • DELIVERED TO GOVERNOR
  • 17 / Mar / 2014
    • SIGNED CHAP.10

Summary

Relates to the repair of damaged pesticide containers, in relation to the effectiveness thereof.

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Bill Details

Versions:
S6165
S6165A
Legislative Cycle:
2013-2014
Law Section:
Environmental Conservation
Laws Affected:
Amd ยง2, Chap 274 of 2010

Votes

12
0
12
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S6165

TITLE OF BILL: An act to amend chapter 274 of the laws of 2010, amend-
ing the environmental conservation law relating to repair of damaged
pesticide containers, in relation to the effectiveness thereof

PURPOSE: To extend for three years the provision for repair of damaged
pesticide containers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 extends the provision until March 2, 2017.

Section 2 is the effective date.

JUSTIFICATION: The United States Environmental Protection Agency (U.S.
EPA) released its "Pesticide Container Repair Interim Policy" in October
2009 to address the environmental concerns associated with the unneces-
sary disposal of consumer pesticide products, such as lawn fertilizer
containing pesticides.

Specifically, according to the U.S. EPA, approximately five million
pounds of consumer pesticide products may become waste each year in the
United States due to damage to the containers before the pesticides can
be sold by retailers.

According to the U.S. EPA, allowing retailers to repair minor damage to
containers under proper conditions would allow the product to be used as
intended, rather than disposed of, which is consistent with the U.S.
Environmental Protection Agency's long-standing policies of waste
minimization and pollution prevention.

This bill would bring New York State into conformity with the "Pesticide
Container Repair Interim Policy" issued by the United States Environ-
mental Protection Agency. In so doing, this legislation would allow
merchants in the State of New York to implement a "minor repair program"
for damaged pesticide containers and lawn fertilizers containing pesti-
cides provided the company's plan is approved first by the U.S. EPA.

In order for a "minor repair program" to be approved, the proposal must
demonstrate that the program maintains product integrity. The repaired
containers must have had no appreciable loss of contents or change in
the net contents as indicated on the label, and the physical character-
istics of the product must remain unchanged, with no dampening or hard-
ening as a result of contact with water or other liquids. Further, the
patch or repair itself must not adversely affect product integrity.

The patch or repair to the container must be of a construction, and
applied, such that under normal conditions and use of the container the
patch or repair remains affixed. The patch or repair must be made of a
material with sufficient thickness, durability and strength to prevent
leakage during the life of the container. The patch or repair must not

compromise the strength of the container in the area where it is
applied. Further, the proposal must demonstrate how the program will
ensure that the patch or repair is applied appropriately, such as the
development of guidance and conducting training for the people who will
be applying the patches or repairs.

This bill, if enacted, would decrease significantly the amount of gener-
al use pesticides that are disposed of unnecessarily as hazardous waste
in the State of New York.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed to have been in full force and effect on and after March 1, 2014.

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

                                  6165

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend chapter 274 of the laws of 2010, amending  the  environ-
  mental  conservation  law  relating  to  repair  of  damaged pesticide
  containers, in relation to the effectiveness thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 2 of chapter 274 of the laws of 2010 amending the
environmental conservation law relating to repair of  damaged  pesticide
containers,  as amended by chapter 24 of the laws of 2012, is amended to
read as follows:
  S 2. This act shall take effect immediately and shall expire March  1,
[2014]  2017  when  upon  such  date the provisions of this act shall be
deemed repealed.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13173-01-3

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