Senate Bill S1074

                                
 
BILL NUMBER: S1074

SPONSOR: HOYLMAN
 
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 chemi-
cals neonicotinoids (including imidacloprid, clothianidin, and thiame-
thaxam) 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 neonico-
tinoids 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 degra-
dates 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 chemi-
cals present in water supplies are unknown, but research indicates the
mixture of pesticides could have increased negative impacts on the envi-
ronment 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 Euro-
pean Union has banned its use. Metalaxyl is classified by EPA in Toxici-
ty 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 imida-
cloprid 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 honey-
bees. In 2016, Maryland passed a state law restricting the use of neoni-
cotinoid products to state-certified pesticide applicators, citing the
rapid decline of the honeybee population.

 
PRIOR LEGISLATIVE HISTORY:

S.0128 of 2017-2018 (Hoylman): Died in Environmental Conservation
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 regu-
lation 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.