S T A T E   O F   N E W   Y O R K
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                                  2183

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. KAVANAGH, COLTON, COOK, GALEF, JAFFEE, STEVENSON
  -- Multi-Sponsored by -- M. of A.  CAHILL,  CERETTO,  CORWIN,  CROUCH,
  DUPREY, GOTTFRIED, HOOPER, MAGEE, MARKEY, McLAUGHLIN, SCHIMEL, THIELE,
  WEISENBERG -- read once and referred to the Committee on Environmental
  Conservation

AN  ACT to amend the environmental conservation law, the agriculture and
  markets law and the state finance law, in relation to  establishing  a
  farm pesticide collection program

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

  Section 1. Article 33 of the environmental conservation law is amended
by adding a new title 8 to read as follows:
                                  TITLE 8
                    FARM PESTICIDE COLLECTION PROGRAM
SECTION 33-0801. FARM PESTICIDE COLLECTION PROGRAM.
        33-0803. POWERS AND DUTIES OF THE DEPARTMENT.
        33-0805. POWERS AND DUTIES OF THE DEPARTMENT OF AGRICULTURE  AND
                   MARKETS.
S 33-0801. FARM PESTICIDE COLLECTION PROGRAM.
  THE DEPARTMENT AND THE DEPARTMENT OF AGRICULTURE AND MARKETS ARE HERE-
BY  AUTHORIZED  AND DIRECTED TO JOINTLY DEVELOP, IMPLEMENT AND OPERATE A
FARM PESTICIDE COLLECTION PROGRAM. SUCH PROGRAM SHALL BE MADE  AVAILABLE
FOR  UTILIZATION BY OWNERS AND RESIDENTS OF FARMS, BOTH ACTIVE AND INAC-
TIVE, LOCATED WITHIN THIS STATE, FOR  THE  COLLECTION  AND  DISPOSAL  OF
PESTICIDES, FERTILIZERS CONTAINING PESTICIDES AND RECYCLING OF PESTICIDE
CONTAINERS  FROM  SUCH  FARMS.  NO  OWNER OR RESIDENT OF A FARM SHALL BE
REQUIRED TO PAY A FEE OR CHARGE  FOR  THE  COLLECTION  AND  DISPOSAL  OF
PESTICIDES PURSUANT TO SUCH PROGRAM.
S 33-0803. POWERS AND DUTIES OF THE DEPARTMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02315-01-3
              

A. 2183                             2

  THE  DEPARTMENT,  IN  ADDITION  TO ANY OTHER POWERS GRANTED AND DUTIES
REQUIRED BY ANY OTHER PROVISION OF LAW, SHALL HAVE THE FOLLOWING  POWERS
AND DUTIES WITH RESPECT TO THE FARM PESTICIDE COLLECTION PROGRAM:
  1.  TO  DESIGNATE CERTAIN STAFF TO ADMINISTER THE PROGRAM, INCLUDING A
PROGRAM ADMINISTRATOR, TO COORDINATE  SUCH  PROGRAM,  WITH  A  FOCUS  ON
CONFIDENTIALITY,  BETWEEN  THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE
AND MARKETS, ANY COMPANY WITH WHICH THE  DEPARTMENT  HAS  CONTRACTED  TO
PROVIDE  COLLECTION  AND  DISPOSAL SERVICES, PUBLIC AND PRIVATE AGENCIES
AND FARMERS;
  2. TO CONTRACT WITH HAZARDOUS WASTE  COLLECTION  COMPANIES,  PESTICIDE
COLLECTION  COMPANIES OR OTHER QUALIFIED COMPANIES TO PROVIDE COLLECTION
AND DISPOSAL SERVICES;
  3. TO PROVIDE OVERSIGHT OF ANY COMPANY WITH WHICH THE  DEPARTMENT  HAS
CONTRACTED TO PROVIDE COLLECTION AND DISPOSAL SERVICES;
  4.  TO  PROVIDE A PESTICIDE CONTAINER RECYCLING PROGRAM FOR CONTAINERS
OF COLLECTED PESTICIDES AND FERTILIZERS CONTAINING PESTICIDES;
  5. TO PROVIDE  SCHEDULING  FOR  EACH  COUNTY  OF  THE  STATE  FOR  THE
COLLECTION  AND DISPOSAL OF AGRICHEMICALS AND PESTICIDES AND FERTILIZERS
CONTAINING PESTICIDES;
  6. TO GRANT ANY WAIVERS NECESSARY UNDER THE  STANDARDS  FOR  UNIVERSAL
WASTE  FOR  COLLECTION  AND TRANSPORTATION OF PESTICIDES AND FERTILIZERS
CONTAINING PESTICIDES;
  7. TO COORDINATE WITH COUNTY CORNELL  COOPERATIVE  EXTENSION  OFFICES,
SOIL  AND  WATER  CONSERVATION  DISTRICTS, AND FARM ORGANIZATIONS IN THE
ADMINISTRATION, SCHEDULING  AND  EFFORTS  TO  ENSURE  PARTICIPATION  AND
CONFIDENTIALITY OF SUCH PROGRAM; AND
  8. TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN-
TATION OF THIS TITLE.
S  33-0805.  POWERS  AND  DUTIES  OF  THE  DEPARTMENT OF AGRICULTURE AND
             MARKETS.
  THE DEPARTMENT OF AGRICULTURE AND MARKETS, IN ADDITION  TO  ANY  OTHER
POWERS  GRANTED AND DUTIES REQUIRED BY ANY OTHER PROVISION OF LAW, SHALL
HAVE THE FOLLOWING POWERS AND DUTIES WITH RESPECT TO THE FARM  PESTICIDE
COLLECTION PROGRAM:
  1. TO CONDUCT OUTREACH, EDUCATION AND PUBLICITY REGARDING SUCH PROGRAM
WITHIN EACH COUNTY OF THE STATE TO INCREASE AWARENESS OF SUCH PROGRAM;
  2. TO ENCOURAGE FARMERS TO PARTICIPATE IN SUCH PROGRAM;
  3.  TO DEVELOP AND IMPLEMENT, WITH A FOCUS ON CONFIDENTIALITY, NOTIFI-
CATION AND PRE-REGISTRATION PROCEDURES FOR  SUCH  PROGRAM  IN  ORDER  TO
FACILITATE PARTICIPATION IN SUCH PROGRAM;
  4. TO APPOINT LOCAL AGENTS TO INVENTORY, WITH A FOCUS ON CONFIDENTIAL-
ITY,   PESTICIDES,  FERTILIZERS  CONTAINING  PESTICIDES,  AND  PESTICIDE
CONTAINERS  AT  PARTICIPATING  FARMS  PRIOR  TO  THEIR  COLLECTION   AND
DISPOSAL;
  5.  TO  COORDINATE  WITH COUNTY CORNELL COOPERATIVE EXTENSION OFFICES,
SOIL AND WATER CONSERVATION DISTRICTS, AND  FARM  ORGANIZATIONS  IN  THE
OUTREACH,  EDUCATION,  PUBLICITY AND EFFORTS TO ENSURE PARTICIPATION AND
CONFIDENTIALITY OF SUCH PROGRAM; AND
  6. TO PROMULGATE ANY RULES AND REGULATIONS NECESSARY FOR THE IMPLEMEN-
TATION OF THIS TITLE.
  S 2. Section 33-0304 of the environmental conservation law, as amended
by section 4 of part YY of chapter 59 of the laws of 2009, is amended to
read as follows:
S 33-0304. Fees.
  [All] EXCEPT AS PROVIDED IN SECTION 33-0705 OF THIS ARTICLE, ALL  fees
collected  pursuant to this article shall be deposited into the environ-

A. 2183                             3

mental conservation special revenue fund to the credit of  the  environ-
mental  regulatory  account;  provided,  however,  that  the  first five
million dollars collected pursuant to this article  shall  be  deposited
into  the  environmental protection fund established pursuant to section
ninety-two-s of the state finance law.
  S 3. Section 33-0705 of the environmental conservation law, as amended
by section 2 of part S of chapter 60 of the laws of 2011, is amended  to
read as follows:
S 33-0705. Fee for registration.
  The applicant for registration shall pay a fee as follows:
  a.  On  or  before  July  1,  2014, six hundred FIFTY dollars for each
pesticide proposed to be registered, provided  that  the  applicant  has
submitted  to  the  department proof in the form of a federal income tax
return for the previous year showing gross  annual  sales,  for  federal
income  tax  purposes, of three million five hundred thousand dollars or
less;
  b. On or before July 1, 2014, for all  others,  six  hundred  [twenty]
SEVENTY dollars for each pesticide proposed to be registered;
  c.  After July 1, 2014, [fifty] ONE HUNDRED dollars for each pesticide
proposed to be registered.
  FIFTY DOLLARS OF EACH REGISTRATION FEE PAID PURSUANT TO  THIS  SECTION
SHALL  BE  DEPOSITED  INTO  THE  FARM  PESTICIDE COLLECTION PROGRAM FUND
ESTABLISHED PURSUANT TO SECTION NINETY-NINE-U OF THE STATE  FINANCE  LAW
FOR  THE  PURPOSE OF ADMINISTERING THE FARM PESTICIDE COLLECTION PROGRAM
ESTABLISHED PURSUANT TO TITLE EIGHT OF THIS ARTICLE.
  S 4. Section 16 of the agriculture  and  markets  law  is  amended  by
adding a new subdivision 45 to read as follows:
  45. JOINTLY DEVELOP, IMPLEMENT AND OPERATE A FARM PESTICIDE COLLECTION
PROGRAM  WITH  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO
TITLE EIGHT OF ARTICLE THIRTY-THREE OF  THE  ENVIRONMENTAL  CONSERVATION
LAW.
  S  5. The state finance law is amended by adding a new section 99-u to
read as follows:
  S 99-U. FARM PESTICIDE COLLECTION PROGRAM FUND.   1. THERE  IS  HEREBY
ESTABLISHED  IN  THE  JOINT  CUSTODY OF THE COMMISSIONER OF TAXATION AND
FINANCE AND THE COMPTROLLER, A SPECIAL FUND TO BE  KNOWN  AS  THE  "FARM
PESTICIDE COLLECTION PROGRAM FUND".
  2.  SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE DEPARTMENT
OF TAXATION AND FINANCE, PURSUANT TO THE PROVISIONS OF  SECTION  33-0705
OF THE ENVIRONMENTAL CONSERVATION LAW AND ALL OTHER MONEYS APPROPRIATED,
CREDITED,  OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT
TO LAW.
  3. MONEYS OF SUCH FUND SHALL BE KEPT SEPARATE AND SHALL NOT BE COMMIN-
GLED WITH ANY OTHER MONEYS IN THE CUSTODY OF THE COMMISSIONER  OF  TAXA-
TION AND FINANCE AND THE COMPTROLLER.
  4.  MONEYS  IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE ADMINISTRATION
OF THE FARM PESTICIDE COLLECTION PROGRAM ESTABLISHED PURSUANT  TO  TITLE
EIGHT OF ARTICLE THIRTY-THREE OF THE ENVIRONMENTAL CONSERVATION LAW.
  5.  ALL  PAYMENTS  FROM  SUCH  FUND SHALL BE MADE BY THE DEPARTMENT OF
TAXATION AND FINANCE AFTER AUDIT  AND  WARRANT  OF  THE  COMPTROLLER  ON
VOUCHERS APPROVED BY THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
  S 6. This act shall take effect on the one hundred eightieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized to be made on  or
before such effective date.