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
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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.