senate Bill S6165A

Signed By Governor
2013-2014 Legislative Session

Amends chapter 274 of the laws of 2010, relating to repair of damaged pesticide containers, in relation to the effectiveness thereof

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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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 17, 2014 signed chap.10
Mar 12, 2014 delivered to governor
Feb 26, 2014 returned to senate
passed assembly
ordered to third reading cal.459
substituted for a8439
Feb 03, 2014 referred to environmental conservation
delivered to assembly
passed senate
Jan 28, 2014 advanced to third reading
Jan 27, 2014 2nd report cal.
amended 6165a
Jan 23, 2014 1st report cal.41
Jan 08, 2014 referred to environmental conservation

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S6165 - Bill Details

See Assembly Version of this Bill:
A8439
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §2, Chap 274 of 2010

S6165 - Bill Texts

view summary

Relates to the repair of damaged pesticide containers, in relation to the effectiveness thereof.

view sponsor memo
BILL NUMBER:S6165

TITLE OF BILL: An act to amend chapter 274 of the laws of 2010, amend-
ing the environmental conservation law relating to repair of damaged
pesticide containers, in relation to the effectiveness thereof

PURPOSE: To extend for three years the provision for repair of damaged
pesticide containers.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 extends the provision until March 2, 2017.

Section 2 is the effective date.

JUSTIFICATION: The United States Environmental Protection Agency (U.S.
EPA) released its "Pesticide Container Repair Interim Policy" in October
2009 to address the environmental concerns associated with the unneces-
sary disposal of consumer pesticide products, such as lawn fertilizer
containing pesticides.

Specifically, according to the U.S. EPA, approximately five million
pounds of consumer pesticide products may become waste each year in the
United States due to damage to the containers before the pesticides can
be sold by retailers.

According to the U.S. EPA, allowing retailers to repair minor damage to
containers under proper conditions would allow the product to be used as
intended, rather than disposed of, which is consistent with the U.S.
Environmental Protection Agency's long-standing policies of waste
minimization and pollution prevention.

This bill would bring New York State into conformity with the "Pesticide
Container Repair Interim Policy" issued by the United States Environ-
mental Protection Agency. In so doing, this legislation would allow
merchants in the State of New York to implement a "minor repair program"
for damaged pesticide containers and lawn fertilizers containing pesti-
cides provided the company's plan is approved first by the U.S. EPA.

In order for a "minor repair program" to be approved, the proposal must
demonstrate that the program maintains product integrity. The repaired
containers must have had no appreciable loss of contents or change in
the net contents as indicated on the label, and the physical character-
istics of the product must remain unchanged, with no dampening or hard-
ening as a result of contact with water or other liquids. Further, the
patch or repair itself must not adversely affect product integrity.

The patch or repair to the container must be of a construction, and
applied, such that under normal conditions and use of the container the
patch or repair remains affixed. The patch or repair must be made of a
material with sufficient thickness, durability and strength to prevent
leakage during the life of the container. The patch or repair must not

compromise the strength of the container in the area where it is
applied. Further, the proposal must demonstrate how the program will
ensure that the patch or repair is applied appropriately, such as the
development of guidance and conducting training for the people who will
be applying the patches or repairs.

This bill, if enacted, would decrease significantly the amount of gener-
al use pesticides that are disposed of unnecessarily as hazardous waste
in the State of New York.

PRIOR LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately and shall be
deemed to have been in full force and effect on and after March 1, 2014.

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

                                  6165

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

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 chapter 274 of the laws of 2010, amending  the  environ-
  mental  conservation  law  relating  to  repair  of  damaged pesticide
  containers, in relation to the effectiveness thereof

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

  Section  1.  Section 2 of chapter 274 of the laws of 2010 amending the
environmental conservation law relating to repair of  damaged  pesticide
containers,  as amended by chapter 24 of the laws of 2012, is amended to
read as follows:
  S 2. This act shall take effect immediately and shall expire March  1,
[2014]  2017  when  upon  such  date the provisions of this act shall be
deemed repealed.
  S 2. This act shall take effect immediately.







 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13173-01-3

S6165A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8439
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §2, Chap 274 of 2010

S6165A (ACTIVE) - Bill Texts

view summary

Relates to the repair of damaged pesticide containers, in relation to the effectiveness thereof.

view sponsor memo
BILL NUMBER:S6165A

TITLE OF BILL: An act to amend chapter 274 of the laws of 2010, amend-
ing the environmental conservation law relating to repair of damaged
pesticide containers, in relation to the effectiveness thereof

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to extend the existing authorization
for minor repairs of pesticide containers in order to reduce the amount
of such products that may become waste.

SUMMARY OF SPECIFIC PROVISIONS:

Section one extends until July 1, 2016 the authorization contained in
paragraph b of subdivision 1 of section 33-1301 of the Environmental
Conservation Law as amended by Chapter 24 of the Laws of 2012.

Section two contains the effective date.

JUSTIFICATION:

The United States Environmental Protection Agency (U.S. EPA) released
its "Pesticide Container Repair Interim Policy" in October 2009 to
address the environmental concerns associated with the unnecessary
disposal of consumer pesticide products, such as lawn fertilizer
containing pesticides. According to the U.S. EPA, approximately five
million pounds of consumer pesticide products may become waste each year
in the United States due to damage to the containers before the pesti-
cides can be sold by retailers. The U.S. EPA developed the "Pesticide
Container Repair Interim Policy" to allow retailers to repair minor
damage to containers rather than requiring disposal.

This bill would extend the authorization to allow New York retailers to
utilize the U.S. EPA's "Pesticide Container Repair Interim Policy." In
order for a retailer's "minor repair program" to be approved, the
retailer must demonstrate that the program maintains product integrity.
The repaired containers must have had no appreciable loss of contents or
change in the net contents as indicated on the label, and the physical
characteristics of the product must remain unchanged, with no dampening
or hardening as a result of contact with water or other liquids.
Further, the patch or repair itself must not adversely affect product
integrity.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately and shall expire on July 1, 2016
when upon such date the provisions of this act shall be deemed repealed.

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

                                 6165--A
    Cal. No. 41

                            I N  S E N A T E

                               (PREFILED)

                             January 8, 2014
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee, ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second report and ordered
  reprinted, retaining its place in the order of second report

AN ACT to amend chapter 274 of the laws of 2010, amending  the  environ-
  mental  conservation  law  relating  to  repair  of  damaged pesticide
  containers, in relation to the effectiveness thereof

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

  Section  1.  Section 2 of chapter 274 of the laws of 2010 amending the
environmental conservation law relating to repair of  damaged  pesticide
containers,  as amended by chapter 24 of the laws of 2012, is amended to
read as follows:
  S 2. This act shall take effect immediately and shall  expire  [March]
JULY 1, [2014] 2016 when upon such date the provisions of this act shall
be deemed repealed.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13173-02-4

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