Senate Bill S3295

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

                                  3295

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the  agriculture  and  markets  law,  the  environmental
  conservation law and the public service law, in relation to the prohi-
  bition of the use of herbicides on utility rights of way

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

  Section 1. Paragraphs c and d of subdivision 1 of section 148  of  the
agriculture  and  markets  law,  as  added by chapter 390 of the laws of
1985, are amended and a new paragraph e is added to read as follows:
  c. economic threshold; [and]
  d. chemical and biological control[.]; AND
  E. UTILITY RIGHT OF WAY VEGETATION MANAGEMENT TO  BE  CONDUCTED  IN  A
MANNER  TO ACHIEVE THE FOLLOWING: (I) IDENTIFYING PEST HERBICIDES, DEFO-
LIANTS, DESICCANTS AND PLANT REGULATOR PRACTICES AND THE IMPACT OF THESE
PRACTICES UPON SOIL AND WATER POLLUTION AND HUMAN HEALTH; (II)  DEVELOP-
ING  PRACTICAL  BIOLOGICAL  AND  MECHANICAL  CONTROL MEASURES; AND (III)
PROVIDING THE UTILITY INDUSTRY WITH  TRAINING,  INFORMATION  AND  EDUCA-
TIONAL MATERIALS.
  S  2.  Paragraphs e and f of subdivision 2 of section 148 of the agri-
culture and markets law, as added by chapter 390 of the  laws  of  1985,
are amended and a new paragraph g is added to read as follows:
  e.  minimized  levels of pesticides in feed, food and the environment;
[and]
  f. minimized economic losses due to  crop,  animal  and  stored  grain
pests[.]; AND
  G.  ASSISTANCE  ON  THE  TRANSITION FROM A DEPENDENCY UPON HERBICIDES,
DEFOLIANTS, DESICCANTS, AND PLANT REGULATORS TO CONTROL VEGETATION  THAT
GROWS  IN UTILITY RIGHTS OF WAY TO MECHANICAL ALTERNATIVES, CROP MANAGE-
MENT, AND BIOLOGICAL CONTROLS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05069-03-9

              

S. 3295                             2

  S 3. Section 33-1301 of the environmental conservation law is  amended
by adding a new subdivision 12 to read as follows:
  12.  FOR  ANY  PERSON,  AGENCY, CORPORATION OR CERTIFIED APPLICATOR TO
USE, APPLY, TREAT, DISPERSE OR  DISPOSE  OF  ANY  HERBICIDE,  DEFOLIANT,
DESICCANT, OR PLANT REGULATOR UPON ANY UTILITY RIGHT OF WAY OF ANY TELE-
PHONE,  TELEGRAPH,  PIPELINE,  GAS  OR ELECTRIC CORPORATION USING GROUND
EQUIPMENT OR AIRCRAFT. THE PROHIBITION SHALL FOLLOW  A  SCHEDULE  ESTAB-
LISHED  IN SUBDIVISION ONE-A OF SECTION SIXTY-FIVE OF THE PUBLIC SERVICE
LAW, EXCEPT FOR THE PURPOSE OF RESIDENTIAL APPLICATION  AND  PRIVATE  OR
COMMERCIAL  APPLICATIONS  USED  SOLELY  FOR  THE PURPOSE OF PRODUCING AN
AGRICULTURAL COMMODITY.
  S 4. Section 65 of the public service law is amended by adding  a  new
subdivision 1-a to read as follows:
  1-A. THE USE OF ANY HERBICIDES, DEFOLIANTS, DESICCANTS AND PLANT REGU-
LATORS  IS  PROHIBITED  UPON  ANY UTILITY RIGHT OF WAY OF ANY TELEPHONE,
TELEGRAPH, PIPELINE, GAS OR ELECTRIC CORPORATION PURSUANT TO THE FOLLOW-
ING SCHEDULE:   DISTRIBUTION LINES AFTER  JANUARY  FIRST,  TWO  THOUSAND
THIRTEEN;  TRANSMISSION LINES AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN;
MAJOR UTILITY TRANSMISSION FACILITIES AFTER JANUARY FIRST, TWO  THOUSAND
SEVENTEEN.  ON AND AFTER THESE DATES THE AFFECTED UTILITY SHALL NO LONG-
ER  BE  ABLE TO INCLUDE OR HAVE THESE ACTIVITIES INCLUDED AS PART OF ANY
JUST OR REASONABLE CHARGE FOR SERVICE NOR RECOVER ANY SUCH COSTS.
  S 5. Section 130 of the public service law is amended by adding a  new
undesignated paragraph to read as follows:
  NOTWITHSTANDING  ANY  PROVISION  OF  THIS SECTION TO THE CONTRARY, THE
COMMISSION AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL NOT BE
PROHIBITED FROM BANNING THE USE OF  HERBICIDES,  DEFOLIANTS,  DESICCANTS
AND  PLANT  REGULATORS  CONSISTENT  WITH SECTION 33-1301 OF THE ENVIRON-
MENTAL CONSERVATION LAW ACCORDING TO THE TIME  SCHEDULE  ESTABLISHED  IN
SUBDIVISION ONE-A OF SECTION SIXTY-FIVE OF THIS CHAPTER.
  S 6. This act shall take effect January 1, 2012.