S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8031
 
                             I N  S E N A T E
 
                              January 5, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 regu-
   lation of certain coated or treated seeds; to amend a chapter  of  the
   laws  of  2023 amending the environmental conservation law relating to
   enacting the birds and bees protection act, as proposed in legislative
   bills numbers S. 1856-A and A. 7640, in relation to a study to identi-
   fy practicable and feasible alternatives to certain pesticides
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 37 of the environmental conservation law is amended
 by adding a new title 11 to read as follows:
                                  TITLE 11
                   REGULATION OF COATED OR TREATED SEEDS
 SECTION 37-1101. UNLAWFUL ACTS.
 § 37-1101. UNLAWFUL ACTS.
   1.  BEGINNING  JANUARY  FIRST,  TWO  THOUSAND TWENTY-NINE, IT SHALL BE
 UNLAWFUL FOR ANY PERSON TO SELL, OFFER FOR SALE OR  USE,  OR  DISTRIBUTE
 WITHIN THE STATE ANY CORN, SOYBEAN OR WHEAT SEEDS COATED OR TREATED WITH
 PESTICIDES,  AS DEFINED IN SUBDIVISION THIRTY-FIVE OF SECTION 33-0101 OF
 THIS CHAPTER, WITH THE ACTIVE  INGREDIENTS  CLOTHIANIDIN,  IMIDACLOPRID,
 THIAMETHOXAM, OR ANY OTHER NEONICOTINOID AS DETERMINED BY THE DEPARTMENT
 IN  REGULATION  UNLESS A VALID WAIVER IS ISSUED BY THE DEPARTMENT TO THE
 USER PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   2. THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF  AGRICUL-
 TURE  AND  MARKETS MAY ISSUE A WAIVER TO ALLOW THE USE OF SUCH SEEDS FOR
 THE PRODUCTION OF AGRICULTURAL COMMODITIES.
   (A) NO SUCH WAIVER SHALL BE VALID FOR MORE THAN TWO YEARS.
   (B) SUCH WAIVER SHALL BE GRANTED ONLY IF AT A  MINIMUM  THE  FOLLOWING
 CONDITIONS ARE MET:
   (I)  THE FARM OWNER MUST COMPLETE AN INTEGRATED PEST MANAGEMENT TRAIN-
 ING;
   (II) A PEST RISK ASSESSMENT AND A PEST RISK ASSESSMENT REPORT MUST  BE
 COMPLETED;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02118-08-4
 S. 8031                             2
 
   (III) ANY SUCH SEEDS MAY ONLY BE PLANTED ON THE FARM PROPERTY OR PROP-
 ERTIES IDENTIFIED IN THE PEST RISK ASSESSMENT REPORT; AND
   (IV)  THE  FARM  OWNER MUST MAINTAIN CURRENT RECORDS OF SUCH PEST RISK
 ASSESSMENT REPORT AND RECORDS OF WHEN TREATED SEEDS ARE PLANTED, BOTH OF
 WHICH SHALL BE SUBJECT TO REVIEW UPON REQUEST BY THE DEPARTMENT.
   (C) THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF AGRICUL-
 TURE AND MARKETS SHALL PROMULGATE ANY APPROPRIATE REGULATIONS  PRIOR  TO
 UNDERTAKING THIS WAIVER PROCESS.
   (D)  THE  DEPARTMENT  SHALL  ANNUALLY REPORT TO THE LEGISLATURE ON THE
 NUMBER OF WAIVERS GRANTED.
   § 2. Subdivision 13 of section 33-1301 of the environmental  conserva-
 tion  law,  as added by a chapter of the laws of 2023 amending the envi-
 ronmental conservation   law relating to enacting  the  birds  and  bees
 protection  act,  as proposed in legislative bills numbers S. 1856-A and
 A.  7640, is amended to read as follows:
   13. a. [Beginning January first, two thousand  twenty-seven,  for  any
 person  to  sell,  offer for sale or use, or distribute within the state
 any corn, soybean or wheat seeds coated or treated with pesticides  with
 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
 furan,  or acetamiprid; provided, however, that the commissioner may, by
 written order, temporarily suspend the provisions of this  paragraph  at
 any  time  based  on  the commissioner's determination, after consulting
 with the commissioner of agriculture  and  markets,  that  there  is  an
 insufficient  amount of commercially available seed to adequately supply
 the agriculture market that has not been treated  with  pesticides  with
 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
 furan  or  acetamiprid  or  the  purchase of seed that complies with the
 requirements of this paragraph would result in undue financial  hardship
 to  agricultural producers.   The commissioner, in consultation with the
 commissioner of agriculture and  markets,  shall  publish  such  written
 order  on or before October first next succeeding the date upon which it
 shall become law and reevaluate any  such  determination  on  an  annual
 basis.  By  October first of each year, the commissioner shall publish a
 written directive a s to whether there shall be such  temporary  suspen-
 sion for the forthcoming year. Any such temporary suspension shall spec-
 ify the type of seed included and shall apply for one calendar year.
   b.  (1)  No person shall] IT SHALL BE UNLAWFUL FOR ANY PERSON TO apply
 or treat outdoor ornamental plants and turf, except for  the  production
 of agricultural commodities OR STRUCTURAL COMMERCIAL APPLICATIONS WITHIN
 ONE  FOOT  OF A BUILDING FOUNDATION PERIMETER TO MANAGE STRUCTURAL PESTS
 PROVIDED THAT THE APPLICATION IS NOT CONDUCTED ON  ANY  BLOOMING  PLANT,
 with a pesticide containing:
   [(i)]  (1) the active ingredients imidacloprid, thiamethoxam or aceta-
 miprid on or after [July  first]  DECEMBER  THIRTY-FIRST,  two  thousand
 [twenty-five] TWENTY-SIX;
   [(ii)]  (2)  the active ingredients clothianidin or dinotefuran effec-
 tive [immediately] DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR.
   [(2) a.] B. (1) The provisions of [this] paragraph A OF THIS  SUBDIVI-
 SION  shall  not  apply  where the [commissioner] DEPARTMENT, by written
 order, determines that:
   (i) a valid environmental emergency exists;
   (ii) the pesticide would be effective in addressing the  environmental
 emergency; and
   (iii)  no  other,  less  harmful pesticide or pest management practice
 would be effective in addressing the environmental emergency.
 S. 8031                             3
 
   [b.] (2) Any such order shall include the basis for  the  [commission-
 er's]  DEPARTMENT'S  determination and specify the approved time period,
 geographic scope, and purpose of the  permitted use of  such  pesticide.
 An order issued pursuant to this section shall be valid for a period not
 to exceed one year.
   [(3)]  C.  The  provisions  of  this [paragraph] SUBDIVISION shall not
 apply to pesticide applications by,  or  under  the  supervision  of,  a
 certified applicator for treatment against invasive species [in] AFFECT-
 ING woody plants.
   [c.] D. For the purposes of this subdivision "environmental emergency"
 means:   an occurrence of any  pest which presents a significant risk of
 harm or injury to the  environment, or significant harm, injury, or loss
 to agricultural crops,  including, but not limited  to,  any  exotic  or
 foreign  pest  [which may need preventative quarantine measures to avert
 or prevent that risk, as determined by the  department  in  consultation
 with the department of agriculture and markets].
   E.  APPLICATORS  USING  A  PESTICIDE CONTAINING THE ACTIVE INGREDIENTS
 IMIDACLOPRID, THIAMETHOXAM, ACETAMIPRID,  CLOTHIANIDIN,  OR  DINOTEFURAN
 PURSUANT  TO PARAGRAPH B OR C OF THIS SUBDIVISION MUST TAKE A DEPARTMENT
 APPROVED NEONICOTINOID COURSE ANNUALLY AND MAINTAIN  A  RECORD  OF  THIS
 COURSE FOR THREE YEARS.
   §  3. Section 71-3703 of the environmental conservation law is amended
 by adding a new subdivision 7 to read as follows:
   7. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
 PERFORM  ANY DUTY IMPOSED BY SECTION 37-1101 OF THIS CHAPTER OR ANY RULE
 OR REGULATION PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR  A  CIVIL
 PENALTY  NOT  TO  EXCEED  ONE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH  PERSON  MAY  BE
 ENJOINED  FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND
 VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A CIVIL  PENALTY  NOT
 TO  EXCEED  TWO  THOUSAND FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
 SUCH VIOLATION CONTINUES.
   § 4. Section 3 of a chapter of the laws of 2023 amending the  environ-
 mental  conservation  law  relating  to  enacting  the  birds  and  bees
 protection act, as proposed in legislative bills numbers S.  1856-A  and
 A.  7640, is amended to read as follows:
   §  3.  The  department of environmental conservation[, in consultation
 with] AND the department of agriculture and markets[,]  IN  CONSULTATION
 WITH  New  York  state's land grant university[, and state university of
 New York college of environmental science and forestry] shall conduct  a
 study  to  identify  practicable and feasible alternatives to the use of
 pesticides containing the active ingredients clothianidin, imidacloprid,
 thiamethoxam, dinotefuran or acetamiprid.   The  results  of  the  study
 shall  be  submitted  to  the  governor,  the temporary president of the
 senate and the speaker of the assembly on or before January 1, 2026  and
 shall be posted on the department's public website.
   §  5.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the  laws  of  2023  amending  the  environmental
 conservation law relating to enacting the birds and bees protection act,
 as  proposed  in  legislative bills numbers S. 1856-A and A. 7640, takes
 effect.