NY State Senate Bill S5343

Archive: Last Bill Status - Vetoed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Vetoed by Governor

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Actions

view actions (11)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 10, 2019	vetoed memo.193
Dec 06, 2019	delivered to governor
Apr 30, 2019	returned to senate passed assembly ordered to third reading cal.186 substituted for a2477b referred to codes delivered to assembly passed senate ordered to third reading cal.490
Apr 26, 2019	referred to rules

Votes

Co-Sponsors

S5343 (ACTIVE) - Details

See Assembly Version of this Bill:: A2477
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §33-1301, En Con L
Versions Introduced in 2017-2018 Legislative Session:: A10274

S5343 (ACTIVE) - Summary

Relates to prohibiting the use of chlorpyrifos by aerial application by January 1, 2020; prohibits all use except for apple tree trunks by January 1, 2021 and prohibits any use of chlorpyrifos by December 1, 2021.

S5343 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S5343

SPONSOR: KAMINSKY
 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to prohibiting the use of chlorpyrifos; and providing for the
repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prohibit the use of a specific pesticide
with significant known adverse human health impacts, especially for
children.

 
SUMMARY OF PROVISIONS:

This bill would amend § 33-1301 of the Environmental Conservation Law to
prohibit the use of the pesticide chlorpyrifos. Specifically, the bill
amends Section 33-1301 of the Environmental Conservation Law and makes
it "unlawful for any person to use chlorpyrifos." However, the bill
initially bans aerial application of chlorpyrifos, beginning January 1,
2020. Beginning January 1, 2021, all applications of chlorpyrifos, other

than applied to apple tree trunks, are banned. As of December 1, 2021,
all uses of chlorpyrifos are banned.

 
JUSTIFICATION:

Chlorpyrifos is an organophosphate pesticide, first introduced for sale
in 1965, which works to block the enzyme cholinesterase and impairs the
central nervous system, an impact also shared with the nerve gas Sarin.
The use of chlorpyrifos, which has increased as the use of DDT waned,
has been consistently controversial. The increasing usage was accompa-
nied by an increased number of accidental poisonings, peaking in 1996
with 7,000 reports to Poison Control Centers. Despite the poisoning
risk, and an increasing number of scientific studies suggesting adverse
health impacts, Dow Chemical continued to insist that the pesticide was
completely safe. In 1993, the New York Attorney General charged Dow with
false advertising, a case subsequently settled with Dow's payment of a
$2 million fine in 2003.  The United States Environmental Protection
Agency (EPA) prohibited indoor use of chlorpyrifos in 2001.

Chlorpyrifos and other organophosphate pesticides have been the subject
of extensive scientific study. Links have been made between exposure and
neuropsychological effects including speech difficulties, memory, atten-
tion and coordination (see for example "Chronic Exposure to Organophosp-
hate (OP) Pesticides and Neuropsychological Functioning in Farm Workers:
a Review" published January 2016 in the International Journal of Occupa-
tional and Environmental Health).  Adverse impacts on children have also
been identified in numerous scientific studies. In his 2012 study "A

Strategy for Comparing the Contributions of Environmental Chemicals and
Other Risk Factors to Neurodevelopment of Children," David C.  Bellinger
estimated that the use of organophosphate pesticides like chlorpyrifos
had led to a collective 17 million loss in IQ points among American
children. In his statement regarding the 2003 settlement on the Dow
Chemical false advertising settlement, Dr.  Philip Landrigan, Chair of
the Department of Community and Preventative Medicine at Mount Sinai
Medical Center said: "Excellent studies conducted by independent scien-
tists have clearly shown that chlorpyrifos, the active ingredient in
Dursban, is toxic to the human brain and nervous system and is especial-
ly dangerous to the developing brain of infants." In addition, a 2014
Childhood Autism Risks from Genetics and the Environment (CHARGE) study
performed by the University of California Davis Medical Investigation of
Neurodevelopment Disorders (MIND) found that the risk of having a child
with autism almost tripled for women exposed to chlorpyrifos in their
second trimester of pregnancy.

The EPA recognized the findings of the scientific studies and in Novem-
ber 2016 issued a revised human health risk assessment, laying the
groundwork for a chlorpyrifos ban. This bill would enact a chlorpyrifos
ban based on the compelling scientific evidence of the harmful health
impacts of chlorpyrifos, especially on children.

 
PRIOR LEGISLATIVE HISTORY:

2018 A10274 passed assembly

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
January 1, 2020 for aerial applications. January 1, 2021 for all uses
except apple trees. December 1, 2021 for all uses.

S5343 (ACTIVE) - Bill Text download pdf


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

                                  5343

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             April 26, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  use of chlorpyrifos; and providing for the repeal of
  such provisions upon expiration thereof

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

  Section  1.  Section  33-1301 of the environmental conservation law is
amended by adding a new subdivision 12 to read as follows:
  12. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY, FOR  ANY  PERSON  TO
USE CHLORPYRIFOS BY AERIAL APPLICATION.
  §  2. Section 33-1301 of the environmental conservation law is amended
by adding a new subdivision 12 to read as follows:
  12. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, FOR  ANY  PERSON
TO APPLY CHLORPYRIFOS OTHER THAN TO APPLE TREE TRUNKS.
  §  3. Section 33-1301 of the environmental conservation law is amended
by adding a new subdivision 12 to read as follows:
  12. FOR ANY PERSON TO USE CHLORPYRIFOS.
  § 4. This act shall take effect immediately; provided,  however,  that
section  one  of this act shall expire and be deemed repealed January 1,
2021 when upon such date the provisions of section two of this act shall
take effect; provided further, however, that section  two  of  this  act
shall expire and be deemed repealed December 1, 2021 when upon such date
the provisions of section three of this act shall take effect.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07670-04-9

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The New York State Senate

senate Bill S5343

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Your Voice

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Votes

Apr 30, 2019 - floor Vote

Floor Vote: Apr 30, 2019

Apr 30, 2019 - Rules committee Vote

Rules Committee Vote: Apr 30, 2019

Co-Sponsors

S5343 (ACTIVE) - Details

S5343 (ACTIVE) - Summary

S5343 (ACTIVE) - Sponsor Memo

S5343 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5343

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - Vetoed by Governor

Your Voice

Actions

Votes

Apr 30, 2019 - floor Vote

Floor Vote: Apr 30, 2019

Apr 30, 2019 - Rules committee Vote

Rules Committee Vote: Apr 30, 2019

Co-Sponsors

Pete Harckham

José M. Serrano

S5343 (ACTIVE) - Details

S5343 (ACTIVE) - Summary

S5343 (ACTIVE) - Sponsor Memo

S5343 (ACTIVE) - Bill Text download pdf

Comments