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

                                  5862

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by  M. of A. KAVANAGH, COLTON, JAFFEE, COOK, GALEF -- Multi-
  Sponsored by -- M. of A.  CAHILL,  CERETTO,  CORWIN,  CROUCH,  DUPREY,
  GOTTFRIED,  HOOPER, MAGEE, MARKEY, McLAUGHLIN, SCHIMEL, THIELE -- 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.
  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05189-01-5
              

A. 5862                             2

  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, 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-
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

A. 5862                             3

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 1 of part H of chapter 57 of the laws of 2014, 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, 2017,  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, 2017, for all others, six hundred [twenty]
SEVENTY dollars for each pesticide proposed to be registered;
  c. After July 1, 2017, [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-W 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-w  to
read as follows:
  S  99-W.  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.