Senate Bill S5816

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5816
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- 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
   enacting  the  birds  and  bees  protection act; and providing for the
   repeal of certain provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "birds and bees protection act".
   § 2. Section 33-1301 of the environmental conservation law is  amended
 by adding a new subdivision 12 to read as follows:
   12. A. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-ONE, A MANUFACTUR-
 ER  SHALL  NOT  SELL  OR  OFFER FOR SALE, ANY PESTICIDES WITH THE ACTIVE
 INGREDIENTS  CLOTHIANIDIN,  IMIDACLOPRID,   THIAMETHOXAM,   DINOTEFURAN,
 ACETAMIPRID, THIACLOPRID, NITHIAZINE, OR FIPRONIL WITHIN THE STATE.
   B.  BEGINNING  JULY FIRST, TWO THOUSAND TWENTY-ONE, A PERSON SHALL NOT
 SELL, OFFER FOR SALE, OR USE  PESTICIDES  WITH  THE  ACTIVE  INGREDIENTS
 CLOTHIANIDIN,   IMIDACLOPRID,  THIAMETHOXAM,  DINOTEFURAN,  ACETAMIPRID,
 THIACLOPRID, NITHIAZINE, OR FIPRONIL WITHIN THE STATE.
   C. BY JANUARY FIFTEENTH, TWO THOUSAND TWENTY-SIX, THE COMMISSIONER, IN
 CONSULTATION WITH THE COMMISSIONER OF  AGRICULTURE  AND  MARKETS,  SHALL
 REPORT TO THE LEGISLATURE ON:
   (1)  THE LATEST PUBLISHED AND PEER-REVIEWED EVIDENCE ON WHETHER USE OF
 NEONICOTINOIDS AND  FIPRONIL  CAUSES  UNREASONABLE  ADVERSE  EFFECTS  ON
 HONEYBEES, NATIVE INSECT POLLINATORS, AND BIRDS; AND
   (2)  THE  IMPACTS,  COSTS,  AND  BENEFITS  TO RESUMING THE USE OF SUCH
 INSECTICIDES.
   D. THIS SUBDIVISION SHALL NOT APPLY TO PET CARE PRODUCTS USED TO MITI-
 GATE FLEAS, MITES, TICKS, HEARTWORMS, OR OTHER ANIMALS THAT ARE  HARMFUL
 TO  THE  HEALTH OF A DOMESTICATED ANIMAL; PERSONAL CARE PRODUCTS USED TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11358-01-9
              

 S. 5816                             2
 
 MITIGATE LICE AND BEDBUGS; AND, INDOOR PEST  CONTROL  PRODUCTS  USED  TO
 MITIGATE INSECTS INDOORS, INCLUDING ANT BAIT.
   §  3. Section 49-0203 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5. THE DEPARTMENT SHALL CONSIDER A STRATEGY  FOR  THE  DEVELOPMENT  OF
 POLLINATOR FRIENDLY LANDS INCLUDING, BUT NOT LIMITED TO, THE PLANTING OF
 VEGETATION  AND  THE USE AND TIMING OF PESTICIDE APPLICATIONS TO PROTECT
 AND PROMOTE THE HEALTH AND WELL-BEING OF POLLINATORS. FOR  THE  PURPOSES
 OF  THIS  SUBDIVISION,  POLLINATORS  SHALL INCLUDE BIRDS, BEES AND OTHER
 INSECTS THAT MOVE POLLEN FROM ONE PLANT TO ANOTHER.
   § 4. Section 11-0305 of the environmental conservation law is  amended
 by adding three new subdivisions 19, 20 and 21 to read as follows:
   19.  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF STATE, TO DEVELOP AND
 DISTRIBUTE TO MUNICIPAL GOVERNMENTS A  PAMPHLET  ON  THE  IMPORTANCE  OF
 REPLACING  STEADY  LIGHTS  ON  ANY  TOWER  WITH A FLASHING LIGHT FOR THE
 PURPOSE OF PREVENTING MIGRATORY BIRD MORTALITY. SUCH PAMPHLET SHALL ALSO
 BE MADE AVAILABLE ON THE DEPARTMENT'S  AND  THE  DEPARTMENT  OF  STATE'S
 WEBSITES.
   20.  IN  CONSULTATION  WITH NEW YORK STATE'S LAND GRANT UNIVERSITY, TO
 DEVELOP AND DISTRIBUTE TO ALL WIND TURBINE APPLICANTS AND  OPERATORS  IN
 THE STATE INFORMATION ON MIGRATORY BIRD FLIGHT ROUTES AND TIMING INCLUD-
 ING,  AT  A  MINIMUM, INFORMATION ON HOW TO MINIMIZE NEGATIVE IMPACTS TO
 MIGRATORY BIRDS AND THEIR  HABITATS,  AND  CURRENT  BEST  PRACTICES  FOR
 PREVENTING  BIRD  MORTALITIES RESULTING FROM IMPACTS WITH WIND TURBINES.
 SUCH INFORMATION SHALL  ALSO  BE  MADE  AVAILABLE  ON  THE  DEPARTMENT'S
 WEBSITE.
   21.  IN  COOPERATION  WITH  THE  DEPARTMENT OF TRANSPORTATION, TO MAKE
 RECOMMENDATIONS ON THE SPECIES OF PLANTINGS, MOWING,  AND  THE  USE  AND
 TIMING OF PESTICIDE APPLICATIONS ON RIGHT OF WAYS AND PARKWAYS.
   § 5. Within twelve months of the effective date of this act, the advi-
 sory  committees  established  in  section  11-2003 of the environmental
 conservation law shall issue recommendations to the legislature and  the
 state  fire prevention and building code council established pursuant to
 section  374  of  the  executive  law,  regarding  window  bird   strike
 prevention. Such recommendations shall at minimum include:
   (1)  measures  that  could  be taken to identify existing and emerging
 products, technologies, strategies and  concepts  which  can  reduce  or
 eliminate bird mortality from building collisions;
   (2)  criteria  for identifying and prioritizing existing buildings and
 building features which pose the most significant danger for bird colli-
 sions; and
   (3) potential funding sources to fund the retrofitting and/or replace-
 ment of windows.
   The advisory committee is authorized to hold  hearings  to  facilitate
 the development of such recommendations.
   §  6.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  subdivision  12  of  section
 33-1301  of  the environmental conservation law, as added by section two
 of this act, shall expire and be deemed repealed July 1, 2026. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.