senate Bill S4522A

Signed By Governor
2011-2012 Legislative Session

Relates to exempting minimum risk pesticides from pesticide applicator certification requirements

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Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (21)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 01, 2012 signed chap.305
Jul 20, 2012 delivered to governor
Jun 20, 2012 returned to senate
passed assembly
ordered to third reading rules cal.447
substituted for a7706b
Jun 18, 2012 referred to environmental conservation
delivered to assembly
passed senate
Jun 11, 2012 advanced to third reading
amended (t) 4522b
Jun 06, 2012 2nd report cal.
Jun 05, 2012 1st report cal.1040
May 25, 2012 print number 4522a
amend (t) and recommit to environmental conservation
Jan 04, 2012 referred to environmental conservation
Jun 24, 2011 committed to rules
May 09, 2011 advanced to third reading
May 04, 2011 2nd report cal.
May 03, 2011 1st report cal.437
Apr 08, 2011 referred to environmental conservation

Votes

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Jun 5, 2012 - Environmental Conservation committee Vote

S4522A
8
2
committee
8
Aye
2
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Environmental Conservation committee vote details

Environmental Conservation Committee Vote: Jun 5, 2012

nay (2)

May 3, 2011 - Environmental Conservation committee Vote

S4522
11
1
committee
11
Aye
1
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: May 3, 2011

nay (1)
aye wr (1)
excused (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

S4522 - Bill Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§33-0101, 33-0701 & 33-0905, En Con L

S4522 - Bill Texts

view summary

Relates to exempting minimal risk pesticides from pesticide applicator certification requirements.

view sponsor memo
BILL NUMBER:S4522

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to exempting
minimal risk pesticides from pesticide applicator certification
requirements

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to exempt
"minimal risk pesticides" from the registration and certification
requirements pursuant to section 33-0905 of the Environmental
Conservation Law.

SUMMARY OF SPECIFIC PROVISIONS:
This Bill amends the environmental
conservation law to exempt from the registration and certification
requirements contained in ECL 33-0905 any "minimal risk pesticides"
as defined by the United States Environmental Protection Agency
pursuant to section 25(b) of the federal insecticide, fungicide and
rodenticide act (FIFRA), as amended.

JUSTIFICATION:
The Environmental Conservation Law (ECL) requires all
commercial applications of pesticides to be conducted by a certified
applicator, regardless of whether the pesticides are safe for the
environment. This imposes an unnecessary burden on producers and
commercial applicators of environmentally safe products.

The United States Environmental Protection Agency (USEPA) defines
certain pesticides as "minimal risk pesticides" because their
ingredients, both active and inert, are demonstrably safe for the
intended use. As such, they are exempt from USEPA registration under
FIFRA Section 25(b). The Department has held a long-standing policy
that pesticides exempt from registration by USEPA do not have to be
registered in New York state. This legislation would further exempt
minimal risk pesticides from the certification requirements provided
in ECL 33-905. Doing so will promote the commercial use of
environmentally safe products.

PRIOR LEGISLATIVE HISTORY:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 120th day after becoming
law, with provisions.

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

                                  4522

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 8, 2011
                               ___________

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 the  environmental  conservation  law,  in  relation  to
  exempting  minimal  risk  pesticides from pesticide applicator certif-
  ication requirements

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

  Section  1.  Subdivision  2  of  section  33-0905 of the environmental
conservation law, as amended by chapter 612 of  the  laws  of  1983,  is
amended to read as follows:
  2. The provisions of this article relating to registration and certif-
ication shall not apply to:
  a.  residential  application of pesticides as defined in this article;
or
  b. private application of a general use pesticide as defined  in  this
article; OR
  C. ANY PESTICIDE DEFINED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY  AS  A  "MINIMAL RISK PESTICIDE" PURSUANT TO SECTION 25(B) OF THE
FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, PUBLIC  LAW  92-516,
AS AMENDED.
  S 2. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulations necessary for  the  imple-
mentation  of this act on its effective date is authorized to be made on
or before such effective date.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10768-01-1

Co-Sponsors

S4522A - Bill Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§33-0101, 33-0701 & 33-0905, En Con L

S4522A - Bill Texts

view summary

Relates to exempting minimal risk pesticides from pesticide applicator certification requirements.

view sponsor memo
BILL NUMBER:S4522A

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
exempting minimum risk pesticides from pesticide applicator certif-
ication requirements

PURPOSE:
The purpose of this bill is to exempt "minimal risk pesticides" from the
registration and certification requirements pursuant to section 33-0905
of the Environmental Conservation Law.

SUMMARY OF SPECIFIC PROVISIONS:
This Bill amends the environmental conservation law to exempt from the
registration and certification requirements contained in ECL 33-0905 any
"minimal risk pesticides" as defined by the united States Environmental
Protection Agency pursuant to section 25(b) of the federal insecticide,
fungicide and rodenticide act (FIFRA), as amended.

JUSTIFICATION:
The Environmental Conservation Law (ECL) requires all commercial appli-
cations of pesticides to be conducted by a certified applicator, regard-
less of whether the pesticides are safe for the environment. This
imposes an unnecessary burden on producers and commercial applicators of
environmentally safe products.

The United States Environmental Protection Agency (USEPA) defines
certain pesticides as "minimal risk pesticides" because their ingredi-
ents, both active and inert, are demonstrably safe for the intended use.
As such, they are exempt from USEPA registration under FIFRA Section
25(b). The Department has held a long-standing policy that pesticides
exempt from registration by USEPA do not have to be registered in New
York state. This legislation would further exempt minimal risk pesti-
cides from the certification requirements provided in ECL 33-905. Doing
so will promote the commercial use of environmentally safe products.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the 120th day after becoming law, with
provisions.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4522--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 8, 2011
                               ___________

Introduced  by  Sens.  GRISANTI,  DeFRANCISCO, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  exempting minimum risk pesticides from  pesticide  applicator  certif-
  ication requirements

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

  Section 1.  Section 33-0101 of the environmental conservation  law  is
amended by adding a new subdivision 50 to read as follows:
  50.    "MINIMUM  RISK PESTICIDE" SHALL MEAN ANY PESTICIDE DEFINED AS A
MINIMUM RISK PESTICIDE BY THE  UNITED  STATES  ENVIRONMENTAL  PROTECTION
AGENCY  PURSUANT TO SECTION 25(B) OF THE FEDERAL INSECTICIDE, FUNGICIDE,
AND RODENTICIDE ACT, PUBLIC LAW 92-516, AS AMENDED.
  S 2.   Section 33-0701  of  the  environmental  conservation  law,  as
amended  by  chapter  612  of  the  laws  of 1983, is amended to read as
follows:
S 33-0701. Scope of registration.
  Every pesticide which is used, distributed, sold, or offered for  sale
within  this  state  or  delivered  for transportation or transported in
intrastate commerce or between points  within  this  state  through  any
point  outside this state, OTHER THAN A MINIMUM RISK PESTICIDE, shall be
registered every two years with the office of the commissioner; provided
that any pesticide imported into this state, which is  registered  under
the  provisions  of  any  federal  act providing for the registration of
pesticides may, in the discretion of the commissioner, be exempted  from
registration  under this article, when sold or distributed in the unbro-
ken immediate container in which it was originally shipped.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10768-03-2

S. 4522--A                          2

  S  3. Subdivision 2 of section 33-0905 of the environmental  conserva-
tion  law,  as amended by chapter 612 of the laws of 1983, is amended to
read as follows:
  2. The provisions of this article relating to registration and certif-
ication shall not apply to:
  a.  residential  application of pesticides as defined in this article;
or
  b. private application of a general use pesticide as defined  in  this
article; OR
  C. APPLICATION OF ANY MINIMUM RISK PESTICIDE, AS DEFINED IN THIS ARTI-
CLE,  BY  ANY PERSON, UNLESS SUCH PERSON APPLIES MINIMUM RISK PESTICIDES
AS PART OF A PESTICIDE BUSINESS.
  S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or  repeal of any rule or regulations necessary for the imple-
mentation of this act on its effective date is authorized to be made  on
or before such effective date.

Co-Sponsors

S4522B (ACTIVE) - Bill Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§33-0101, 33-0701 & 33-0905, En Con L

S4522B (ACTIVE) - Bill Texts

view summary

Relates to exempting minimal risk pesticides from pesticide applicator certification requirements.

view sponsor memo
BILL NUMBER:S4522B

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to mini-
mum risk pesticides

PURPOSE OR GENERAL IDEA OF BILL:
This legislation allows the commissioner the authority to adopt regu-
lations pursuant to pesticides classified as a minimum risk pesticides
as defined by the EPA.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would authorize the commissioner to promulgate
rules and regulations as related to minimal risk pesticides.
Section 2 is the effective date.

JUSTIFICATION:
The Environmental Conservation Law (ECL) requires all commercial appli-
cations of pesticides to be conducted by a certified applicator, regard-
less of whether the pesticides are safe for the environment. This
imposes an unnecessary burden on producers and commercial applicators of
environmentally safe products.

The United States Environmental Protection Agency (USEPA) defines
certain pesticides as "minimal risk pesticides" because their ingredi-
ents, both active and inert, are demonstrably safe for the intended use.
As such, they are exempt from USEPA registration under FIFRA Section
25(b). The Department has held a long-standing policy that pesticides
exempt from registration by USEPA do not have to be registered in New
York state. This legislation would further exempt minimal risk pesti-
cides from the certification requirements provided in ECL 33-905. Doing
so will promote the commercial use of environmentally safe products.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect 120 days.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4522--B
    Cal. No. 1040

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              April 8, 2011
                               ___________

Introduced  by  Sens.  GRISANTI,  DeFRANCISCO, MAZIARZ -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Environmental Conservation -- recommitted to the Committee on Environ-
  mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to said committee -- reported favorably from said commit-
  tee, ordered to first and second report,  amended  on  second  report,
  ordered  to a third reading, and to be reprinted as amended, retaining
  its place in the order of third reading

AN ACT to amend the environmental conservation law, in relation to mini-
  mum risk pesticides

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

  Section  1.   Section 33-0905 of the environmental conservation law is
amended by adding a new subdivision 2-a to read as follows:
  2-A. THE COMMISSIONER MAY, PURSUANT  TO  PARAGRAPH  E  OF  SUBDIVISION
THREE  OF  SECTION 33-0303 OF THIS ARTICLE, ADOPT REGULATIONS ON THE USE
OF PESTICIDES INCLUDING THE APPROPRIATE METHOD AND SETTING FOR  THE  USE
OF  PESTICIDES  CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY AS AN EXEMPT MATERIAL UNDER 40  CFR  PART  152.25,  OFTEN  CALLED
MINIMUM  RISK  PESTICIDES, WHICH ARE EXEMPT FROM THE REQUIREMENTS OF THE
FEDERAL INSECTICIDE, FUNGICIDE AND  RODENTICIDE  ACT.  SUCH  REGULATIONS
SHALL  ENCOMPASS  ALL  FACTORS  NECESSARY TO PREVENT DAMAGE OR INJURY TO
HEALTH, PROPERTY AND WILDLIFE.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or  repeal of any rule or regulations necessary for the imple-
mentation of this act on its effective date is authorized to be made  on
or before such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10768-05-2

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