Assembly Bill A1746

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

                                  1746

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, COLTON, SCHIMEL -- read once and
  referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  application  of pesticides to fresh water and tidal wetlands; to amend
  the public service law, in relation to prohibiting the application  of
  pesticides  to  public  utility  company  rights-of-way; and to repeal
  subdivision 2 of section 25-0103 of the environmental conservation law
  relating to the definition of "commissioner"

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

  Section  1.  Section  24-0107 of the environmental conservation law is
amended by adding a new subdivision 9 to read as follows:
  9. "PESTICIDE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM
BY SUBDIVISION THIRTY-FIVE OF SECTION 33-0101 OF THIS CHAPTER.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 24-1302 to read as follows:
S 24-1302. PROHIBITION ON THE APPLICATION OF PESTICIDES.
  1. NOTWITHSTANDING ANY PROVISION OF ARTICLE THIRTY-THREE OF THIS CHAP-
TER  TO  THE  CONTRARY, THE APPLICATION OF ANY PESTICIDE TO A FRESHWATER
WETLAND SHALL BE PROHIBITED, EXCEPT UPON THE DECLARATION OF THE  COMMIS-
SIONER  OF HEALTH OF A PUBLIC HEALTH EMERGENCY REQUIRING THE APPLICATION
OF A PESTICIDE TO SPECIFIC FRESHWATER WETLANDS.
  2. EVERY APPLICATION OF A PESTICIDE TO FRESHWATER  WETLANDS  DURING  A
PUBLIC  HEALTH  EMERGENCY  SHALL  BE  PERFORMED NOT LESS THAN THREE DAYS
AFTER SUCH PUBLIC NOTIFICATION THEREOF AS SHALL BE REQUIRED BY THE RULES
AND REGULATIONS OF THE COMMISSIONER.
  S 3. Subdivision 2 of section 25-0103 of the  environmental  conserva-
tion  law  is  REPEALED  and  a  new  subdivision  2 is added to read as
follows:
  2. "PESTICIDE" SHALL HAVE THE SAME MEANING AS IS ASCRIBED TO SUCH TERM
BY SUBDIVISION THIRTY-FIVE OF SECTION 33-0101 OF THIS CHAPTER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05866-01-5
              

A. 1746                             2

  S 4. The environmental conservation law is amended  by  adding  a  new
section 25-0303 to read as follows:
S 25-0303. PROHIBITION ON THE APPLICATION OF PESTICIDES.
  1. NOTWITHSTANDING ANY PROVISION OF ARTICLE THIRTY-THREE OF THIS CHAP-
TER TO THE CONTRARY, THE APPLICATION OF ANY PESTICIDE TO A TIDAL WETLAND
SHALL  BE PROHIBITED, EXCEPT UPON THE DECLARATION OF THE COMMISSIONER OF
HEALTH OF A PUBLIC HEALTH  EMERGENCY  REQUIRING  THE  APPLICATION  OF  A
PESTICIDE TO SPECIFIC TIDAL WETLANDS.
  2.  EVERY APPLICATION OF A PESTICIDE TO TIDAL WETLANDS DURING A PUBLIC
HEALTH EMERGENCY SHALL BE PERFORMED NOT LESS THAN THREE DAYS AFTER  SUCH
PUBLIC NOTIFICATION AS SHALL BE REQUIRED BY THE RULES AND REGULATIONS OF
THE COMMISSIONER.
  S  5.  The public service law is amended by adding a new section 119-d
to read as follows:
  S 119-D. PROHIBIT PUBLIC UTILITY RIGHT-OF-WAY  PESTICIDE  APPLICATION.
1.  NO  PUBLIC  UTILITY  COMPANY  SHALL APPLY OR ALLOW TO BE APPLIED ANY
PESTICIDE TO ANY RIGHT-OF-WAY OF SUCH UTILITY COMPANY.
  2. FOR THE PURPOSES OF THIS SECTION, THE TERM "PESTICIDE"  SHALL  HAVE
THE  SAME MEANING AS IS ASCRIBED TO SUCH TERM BY SUBDIVISION THIRTY-FIVE
OF SECTION 33-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
  S 6. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which  it shall have become a law; provided that any
rules and regulations necessary to implement the provisions of this  act
on  its effective date are authorized and directed to be promulgated and
completed on or before such date.
  REPEAL NOTE.--Subdivision 2 of section 25-0103  of  the  environmental
conservation  law, proposed to be repealed by section three of this act,
defines "commissioner" to be the commissioner of environmental conserva-
tion for the purposes of such law. Such subdivision is  redundant  since
"commissioner"  is  so  defined  for  the  entirety of the environmental
conservation law by section 1-0303 of such law.