NY State Senate Bill S223

senate Bill S223

2019-2020 Legislative Session

Institutes a moratorium on the distribution, sale or use of glyphosate until a task force completes a study regarding the safety, alternatives and use of such compound

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Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2019	referred to environmental conservation

Co-Sponsors

S223 (ACTIVE) - Details

See Assembly Version of this Bill:: A6877
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5472
2017-2018: S127

S223 (ACTIVE) - Summary

Institutes a moratorium on the distribution, sale or use of glyphosate until a task force completes a study regarding the safety, alternatives and use of such compound.

S223 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S223

SPONSOR: HOYLMAN
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to instituting a moratorium on the distribution, sale or use of
glyphosate until a task force completes a study regarding the safety,
alternatives and use of such compound

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to place a moratorium on the distribution,
sale, or use of glyphosate or products containing glyphosate in the
state of New York until July 1st, 2022, and establish a task force with-
in the Department of Environmental Conservation to research and identify
the safety risks associated with glyphosate and determine whether it is
safe for use.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 37-0115 to the environmental
conservation law to provide that no person, firm, partnership, associ-

ation, LLC, or corporation shall distribute, sell, offer for sale, or
use glyphosate or products containing glyphosate within New York state
until July first, two thousand twenty. It also provides for the estab-
lishment, makeup, and duties of a task force within the Department of
Environmental Conservation to study glyphosate's effects and make recom-
mendations.

Section 2 of the bill provides the effective date.

 
JUSTIFICATION:

Glyphosate is the most widely used herbicide in the world and is found
in over 750 different products. It is primarily used in agriculture for
crops such as corn and soybeans but is also sprayed in forests, on roads
and in gardens to prevent the growth of weeds. Glyphosate is the main
ingredient in the popular Monsanto weed-killer "Roundup," which is
currently sold in stores throughout New York State.

In March 2015, it was deemed "probably carcinogenic to humans" by the
World Health Organization's International Agency for Research on Cancer.
IARC's analysis drew on studies conducted in the United States, Canada
and Sweden since 2001 and was based on epidemiological, animal and in
vitro studies.

Glyphosate has been detected in the blood and urine of agricultural
workers, indicating it can be absorbed through the body, and has also
been shown to damage DNA and chromosomes in human cells, which can lead
to cancer. Furthermore, a number of studies have found glyphosate
induces a positive trend of tumors in mice and rats.

Glyphosate is also said to by responsible for the precipitous demise of
the population of Danaus plexippus, or the Monarch butterfly.  Earlier
this year, the Natural Resources Defense Council filed suit against the
Environmental Protection Agency in U.S. District Court in New York
claiming the agency has failed to heed warnings about the dangers to
monarchs posed by glyphosate.


The lawsuit states that a key reason for the decline of monarchs is the
application of glyphosate to farm fields, resulting in the destruction
of the milkweed habitat that migrating monarchs rely on.  The monarch
population was tallied at 1 billion in 1997 and this winter was down to
56.5 million butterflies, the second-lowest number ever measured.

Given the mounting evidence to link exposure to glyphosate with cancer,
and the detrimental effect of glyphosate on the monarch butterfly popu-
lation, it is prudent to halt its use until we are able to further study
its potential for harm. The goal of this legislation is to direct a
panel of experts to study glyphosate's effects and protect the public
health of New Yorkers in the meantime.

 
PRIOR LEGISLATIVE HISTORY:

S.0127 of 2017-2018 (Hoylman): Died in Environmental Conservation
S.5472-A of 2015-2016 (Hoylman): Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S223 (ACTIVE) - Bill Text download pdf


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

                                   223

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by Sens. HOYLMAN, KRUEGER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  instituting a moratorium on the distribution, sale or use  of  glypho-
  sate until a task force completes a study regarding the safety, alter-
  natives and use of such compound

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 37-0115 to read as follows:
§ 37-0115. PROHIBITION AGAINST USE OF GLYPHOSATE.
  1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY  OR CORPORATION SHALL DISTRIBUTE, SELL, OFFER FOR SALE OR USE GLYPHO-
SATE OR ANY PRODUCTS CONTAINING GLYPHOSATE WITHIN NEW YORK  STATE  UNTIL
JULY FIRST, TWO THOUSAND TWENTY-FOUR.
  2. FOR THE PURPOSE OF THIS SECTION, "GLYPHOSATE" SHALL MEAN A SYNTHET-
IC  COMPOUND  THAT  IS A NON-SELECTIVE SYSTEMIC HERBICIDE, ALSO KNOWN AS
N-(PHOSPHONOMETHYL) GLYCINE WITH A CHEMICAL FORMULA OF C3H8NO5P.
  3. THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT A GLYPHOSATE  TASK
FORCE WHICH SHALL CONSIST OF THE FOLLOWING MEMBERS:
  (A)  THE  COMMISSIONER OF THE DEPARTMENT, OR THE COMMISSIONER'S DESIG-
NEE.
  (B) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR SUCH  COMMISSION-
ER'S DESIGNEE.
  (C)  THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS, OR
SUCH COMMISSIONER'S DESIGNEE.
  (D) A REPRESENTATIVE FROM THE STATE UNIVERSITY OF NEW  YORK'S  COLLEGE
OF ENVIRONMENTAL SCIENCE AND FORESTRY, APPOINTED BY THE GOVERNOR.

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

                                                           LBD05487-01-9

S. 223                              2

  (E)  A  REPRESENTATIVE FROM THE NEW YORK FARM BUREAU, APPOINTED BY THE
GOVERNOR.
  (F)  A  REPRESENTATIVE  FROM  THE PESTICIDE INDUSTRY, APPOINTED BY THE
GOVERNOR.
  (G) A REPRESENTATIVE FROM AN ENVIRONMENTAL ORGANIZATION, APPOINTED  BY
THE GOVERNOR.
  4. THE TASK FORCE SHALL:
  (A)  RESEARCH  AND  IDENTIFY ANY HEALTH AND SAFETY CONCERNS ASSOCIATED
WITH THE USE OF GLYPHOSATE.
  (B) IDENTIFY SAFE ALTERNATIVES TO GLYPHOSATE.
  (C) DETERMINE WHETHER THE USE OF GLYPHOSATE SHOULD BE PERMITTED IN THE
STATE.
  (D) IF THE USE OF GLYPHOSATE SHOULD BE PERMITTED, IDENTIFY RECOMMENDED
SAFE PRACTICES ASSOCIATED WITH THE USE OF GLYPHOSATE.
  5. THE MEMBERS OF THE TASK FORCE  SHALL  SERVE  WITHOUT  COMPENSATION,
EXCEPT  MEMBERS  SHALL  BE  ALLOWED  THEIR NECESSARY AND ACTUAL EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
  6. THE MEMBERS OF THE TASK FORCE SHALL SUBMIT A REPORT OF THEIR  FIND-
INGS  AND  RECOMMENDATIONS,  INCLUDING  ANY PROPOSED LEGISLATION, TO THE
GOVERNOR AND LEGISLATURE NO LATER THAN JANUARY FIRST, TWO THOUSAND TWEN-
TY-FOUR.
  7. THE GLYPHOSATE TASK FORCE SHALL CEASE TO EXIST ON  JUNE  THIRTIETH,
TWO THOUSAND TWENTY-FOUR.
  § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S223

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

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Actions

Co-Sponsors

S223 (ACTIVE) - Details

S223 (ACTIVE) - Summary

S223 (ACTIVE) - Sponsor Memo

S223 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S223

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Sponsored By

Brad Hoylman

Current Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

Co-Sponsors

Liz Krueger

S223 (ACTIVE) - Details

S223 (ACTIVE) - Summary

S223 (ACTIVE) - Sponsor Memo

S223 (ACTIVE) - Bill Text download pdf

Comments