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Assembly Bill A4247

2009-2010 Legislative Session

Grants local authorities power to enact pesticide local laws, ordinances, and regulations, subject to certain limits, but which may be more stringent than state law

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

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2009-A4247 (ACTIVE) - Details

See Senate Version of this Bill:
S4557
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง33-0303, En Con L
Versions Introduced in 2011-2012 Legislative Session:
S2431

2009-A4247 (ACTIVE) - Summary

Permits a municipality to adopt local laws, ordinances and regulations, beyond regulation afforded by the state, which may be more stringent and may not be less stringent than those of the state, subject to certain limitations, concerning the use of pesticides and notifications relating to their use.

2009-A4247 (ACTIVE) - Bill Text download pdf 

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

                                  4247

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced  by M. of A. BRODSKY, DINOWITZ -- Multi-Sponsored by -- M. of
  A. BOYLAND, GALEF, GLICK -- read once and referred to the Committee on
  Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to local
  authority to enact pesticide ordinance

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

  Section  1.  Subdivision  1  of  section  33-0303 of the environmental
conservation law is amended to read as follows:
  1. Jurisdiction in all matters pertaining to the  distribution,  sale,
use,  and  transportation  of  pesticides[,] is, by this article, vested
[exclusively] in the commissioner; PROVIDED, HOWEVER, THAT  ANY  MUNICI-
PALITY  MAY  ADOPT LOCAL LAWS, ORDINANCES, OR REGULATIONS CONCERNING THE
USE OF PESTICIDES AND NOTIFICATION RELATING TO  THE  USE  OF  PESTICIDES
THAT  ARE  NOT  INCONSISTENT WITH THIS ARTICLE OR WITH ANY RULE OR REGU-
LATION PROMULGATED PURSUANT TO THIS ARTICLE; AND PROVIDED  FURTHER  THAT
SUCH  LOCAL  LAWS, ORDINANCES, OR REGULATIONS ARE NO LESS STRINGENT THAN
ANY STATE LAW, RULE, OR REGULATION.  SUCH  LOCAL  LAWS,  ORDINANCES,  OR
REGULATIONS  SHALL  NOT  (A) PROVIDE FOR THE ISSUANCE OF PERMITS FOR THE
DISTRIBUTION, SALE, PURCHASE, OR USE OF RESTRICTED USE  PESTICIDES;  (B)
PROVIDE  FOR  CERTIFICATION OR LICENSING OF PRIVATE OR COMMERCIAL PESTI-
CIDE APPLICATIONS AS DEFINED IN SECTION 33-0101 OF THIS ARTICLE; OR  (C)
IMPOSE PESTICIDE REGISTRATION REQUIREMENTS ON MANUFACTURERS OR DISTRIBU-
TORS  OF  PESTICIDES.  SUCH LOCAL LAWS, ORDINANCES, OR REGULATIONS SHALL
NOT BE DEEMED INCONSISTENT WITH THIS ARTICLE OR WITH THE RULES AND REGU-
LATIONS PROMULGATED PURSUANT TO THIS ARTICLE  MERELY  BECAUSE  THEY  ARE
MORE STRINGENT.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07353-01-9

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