Senate Bill S128

                                 BILL NUMBER:  S128

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
prohibiting the use of the chemicals atrazine, metalaxyl and the
neonicotinoids class of chemicals

 PURPOSE OR GENERAL IDEA OF BILL :

To prohibit the distribution, sale, offering for sale or use within
the state or delivering for transportation or transport in intrastate
commerce of the pesticides atrazine, metalaxyl, and neonicotinoids
(including imidacloprid, clothianidin, and thiamethaxam.

 SUMMARY OF SPECIFIC PROVISIONS :

The bill amends the Environmental Conservation Law to add a new
section 37-0115 making it unlawful for any person to distribute, sell,
offer for sale or use the pesticides atrazine, metalaxyl, and the
class of chemicals neonicotinoids (including imidacloprid,
clothianidin, and thiamethaxam) within this state or deliver for
transportation or transport in intrastate commerce or between points
within this state through any point outside this state.

 JUSTIFICATION :
              

The pesticides atrazine, metalaxyl, and the class of chemicals
neonicotinoids cause negative impacts on the environment and human
health. Atrazine, metalaxyl and imidacloprid have contaminated NYS
drinking water supplies including the Long Island sole source aquifer;
these pesticides tend to be highly mobile in groundwater. In a 2010
NYS Groundwater Assessment, the NYS DEC found pesticides and their
degradates in almost half of the wells sampled.  About 75% of stream
water samples and 40% of groundwater samples contain atrazine,
according to the U.S. Geological Survey.  Additionally, the Natural
Resources Defense Council, an environmental advocacy group, detected
atrazine in 90% of tap water samples from 139 water systems.

Furthermore, the combined effect of these and hundreds of other
chemicals present in water supplies are unknown, but research
indicates the mixture of pesticides could have increased negative
impacts on the environment compared to the impacts of individual
chemicals (Hayes et al. 2006).

Atrazine can disrupt reproduction health in frogs and possibly
increase birth defects in humans. According to a study released on
Monday, March 2, 2010 in the Proceedings of the National Academy of
Sciences, researchers found that frogs exposed to the weed killer
atrazine, at levels comparable to the levels allowed in drinking water
by the U.S. EPA, cause male frogs to begin growing eggs in their
testes. In the experiment, 10% of the males exposed to atrazine
actually changed sex; some were able to breed and lay eggs. Nearly all
the other males had low testosterone and sperm levels, which made them
unable to reproduce.

Research reported in a New York Times article from August 22, 2009
suggests that human exposure to atrazine at levels deemed safe by the
U.S. EPA is associated with birth defects including misshapen limbs
and premature births. In response to the risks of using atrazine, The
European Union has banned its use. Metalaxyl is classified by EPA in
Toxicity Category II, the second highest degree of acute toxicity.
The U.S. EPA also reports that exposure to metalaxyl impacts the liver
in both rats and dogs. This indicates a potential for negative liver
impacts in other mammals.

The National Pesticide Information Center (May 2010) reports that
imidacloprid is very toxic to pollinating honeybees, Imidacloprid
possibly contributes to Colony Collapse Disorder, a problem that
results in fewer bees, reduced crop pollination, and inevitably
threatens the livelihood of farmers. In animal studies with
imidacloprid, the U.S. EPA found rats and rabbits experienced negative
reproductive effects when exposed to imidacloprid; both mothers and
pups experienced toxic symptoms including reduced bone growth in the
pups.

The European Union has enacted a two year ban on the class of
chemicals known as neonicotinoids because of their significant
toxicity to honeybees. In 2016, Maryland passed a state law
restricting the use of neonicotinoid products to state-certified
pesticide applicators, citing the rapid decline of the honeybee
population.

 PRIOR LEGISLATIVE HISTORY :

S.4833-A of 2015-2016 (Hoylman): Died in Environmental Conservation
A.5529-A-of 2015-2016 (Englebright): Died in Environmental
Conservation

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
This act shall take effect January 1, 2019; provided, however, that
effective immediately, the addition and/or repeal of any rule or
regulation necessary for the implementation of this act on its
effective date are authorized and directed to be made and completed on
or before such effective date.