S T A T E   O F   N E W   Y O R K
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                                  4866

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 8, 2011
                               ___________

Introduced  by  M. of A. KAVANAGH, GALEF, ROSENTHAL, P. RIVERA, SPANO --
  Multi-Sponsored by -- M. of A. BOYLAND, McENENY,  WEISENBERG  --  read
  once and referred 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.
                                                           LBD07415-01-1
              

A. 4866                             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
FIFTEEN; TRANSMISSION LINES AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN;
MAJOR  UTILITY TRANSMISSION FACILITIES AFTER JANUARY FIRST, TWO THOUSAND
NINETEEN.  ON AND AFTER THESE DATES THE AFFECTED UTILITY SHALL NO LONGER
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, 2014.