NY State Senate Bill S699B

Current Bill Status - Passed Senate

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2021	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1617 committee discharged and committed to rules
Apr 22, 2021	print number 699b
Apr 22, 2021	amend and recommit to environmental conservation
Mar 03, 2021	print number 699a
Mar 03, 2021	amend and recommit to environmental conservation
Jan 06, 2021	referred to environmental conservation

Votes

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

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S699 - Details

See Assembly Version of this Bill:: A7429
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§33-0101 & 33-1301, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S5816

S699 - Summary

Enacts the birds and bees protection act; prohibits the sale of certain pesticides or use of seeds coated with such pesticides; requires the department of environmental conservation to review the latest scientific information concerning certain pesticide active ingredients.

S699 - Sponsor Memo

 
BILL NUMBER: S699

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

The idea of this bill is to prohibit the use of certain active ingredi-
ents in pesticides' that are known to cause harm to pollinators, and to
reduce bird mortality.

 
SUMMARY OF PROVISIONS:

Section one names this act the "birds and bees protection act."

Section two adds a new subdivision 12 to section 33-1301 of the Environ-
mental Conservation Law that would:

*prohibit the sale of any pesticides with the active ingredients cloth-
ianidin, imidacloprid, thiamethoxam, dinotefuran, acetamiprid, thiaclo-
prid, nithiazine, or fipronil; and,

*require the Department of Environmental Conservation (DEC) Commission-
er, in consultation with the Commissioner of the Department of Agricul-
ture and Markets, report to the Legislature on any peer-reviewed
evidence regarding the effects, impacts, costs, and benefits of neonico-
tinoids and fipronil on honeybees, native insect pollinators, and birds.

This subdivision shall not apply to pet care products, personal care
products, or indoor pest control products that are used to mitigate
fleas, ticks, lice, bedbugs, or other insects.

Section three adds a new subdivision 5 to section 49-0203 of the Envi-
ronmental Conservation Law that would require DEC to consider a strategy
for the development of pollinator7friendly lands.

Section four adds a new subdivision 19 to section 11-0305 of the Envi-
ronmental Conservation Law that would require:

*the Department of State to develop and distribute to municipal govern-
ments informational materials on the importance of replacing steady
lights on any tower with flashing lights for the purpose of preventing
migratory bird mortality;

*the State's Land Grant University to develop and distribute information
on migratory bird flight routes and timing to all wind turbine appli-
cants and operators in the state that shall include, at a minimum,
information on minimizing negative impacts to migratory birds and their
habitats, and current best practices for preventing bird collisions with
wind turbines; and,

*the Department of Transportation to make recommendations on species of
plantings, mowing, and the use and timing of pesticides on right of ways
and parkways.

Section five requires that within twelve months of the effective date,
the New York State Bird Conservation Area Advisory Committee issue
recommendations to the Legislature and the State Fire Prevention and
Building Code Council regarding window bird strike prevention. The
Committee has the authority to hold hearings before issuing final recom-
mendations.  Recommendations would include:

*measures that could be taken to identify products, technologies, strat-
egies and concepts which can reduce or eliminate bird mortality from
building collisions;

*criteria for identifying and prioritizing buildings and building
features which pose the most significant danger for bird collisions;
and,

*potential funding sources for retrofitting and replacement of windows.

Section six is the effective date.

 
JUSTIFICATION:

There is significant evidence to suggest that neonicotinoids and fipro-
nil have adverse impacts on insect pollinators, honeybees and birds.
This legislation would prohibit the use of such pesticides until a prop-
er assessment is made by DEC and the Department of Agriculture and
Markets.

The bill also would ensure that the State is doing its part to protect
pollinators by planting the proper species, considering the many habi-
tats that pollinators depend on, protecting migratory paths, and assess-
ing the best practices to prevent bird mortality.

 
PRIOR LEGISLATIVE HISTORY:

S.5816 of 2019-2020 (Hoylman): Died in Environmental Conservation

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
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.

S699 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    699
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  COMRIE,  GOUNARDES,  HARCKHAM,  KAPLAN,
   KAVANAGH, KRUEGER, MYRIE, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS -- 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-THREE, A  MANUFAC-
 TURER  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-THREE, 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-EIGHT, 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02576-01-1

 S. 699                              2
 
   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
 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, 2028. 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 on or before such date.

Co-Sponsors

view additional co-sponsors

S699A - Details

See Assembly Version of this Bill:: A7429
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§33-0101 & 33-1301, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S5816

S699A - Summary

S699A - Sponsor Memo

 
BILL NUMBER: S699A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of the bill names this act the "birds and bees protection
act."

Section 2 of the bill amends subdivision 35 of section 33-0101 of the
environmental conservation law to add "any seeds for planting that have
been coated or treated with a neonicotinoid insecticide. For the
purposes of this definition, a neonicotinoid insecticide is one that
includes one or more of the following active ingredients:  clothianidin,
imidacloprid, thimethoxam, dinotefuran or acetamiprid" to the definition
of "pesticide."

Section 3 of the bill amends section 33-1301 of the environmental
conservation law by adding a new subdivision 13 which prohibits the
sale, distribution or purchase any corn, soybean or wheat seeds coated
or treated with neonicotinoid insecticides (starting January 1, 2023);
prohibits the application or treatment of neonicotinoid pesticides to
outdoor ornamental plants and turf, except for agricultural commodities
(starting July 1, 2023); and requires the Department of Environmental
Conservation to review the latest scientific information concerning
certain neonicotinoid pesticide active ingredients and classify for
restricted use any pesticide containing those ingredients that it deter-
mines causes or is reasonably likely to cause harm to pollinating bees
or any bird species and shall impose conditions necessary to protect
such bee and bird species (by January 15, 2023).

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

There is significant evidence to suggest that neonicotinoids have
adverse impacts on insect pollinators, honeybees and birds. One of the
most common applications of neonicotinoids insecticides is through seeds
treated with neonicotinoid coatings. When the coated seeds are planted
tractors cause a dust cloud to appear, spreading some of the pesticide
into the air which settles on the field or nearby plants. Bees fly
through the dust and the chemical sticks to them, or they forage on
wildflowers that are now coated with the chemical. This can lead to
Colony Collapse Disorder, a problem that results in fewer bees, reduced
crop pollination, and inevitably threatens the livelihood of farmers.

The New York State Department of Environmental Conservation (DEC) has
jurisdiction to regulate Environmental Protection Agency
(EPA)-registered pesticides. However, the EPA excludes pesticide appli-
cation by seed coating from its definition of pesticide application. As
such, state law is interpreted to mirror federal policy and excludes the
ability to regulate pesticides used in the seed coating process. This
results in a loophole in pesticide management and a potentially disas-
trous impact on the environment and pollinator health.
This bill would address this regulatory loophole by classifying seeds
coated with neonicotinoid insecticides as "pesticides" and giving DEC
the explicit authority to regulate seed coating, allowing the state to
further restrict the use of pesticides it already deems dangerous.

The bill would also ensure that the State is doing its part to protect
pollinators by prohibiting the purchase of certain neonicotinoid treated
seeds, and the use of neonicotinoid insecticides on ornamental plants
and terf. This bill further instructs the DEC to study and impose condi-
tions necessary to protect pollinators from neonicotinoids.

 
PRIOR LEGISLATIVE HISTORY:

S.5816 of 2019-2020 (Hoylman): Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
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 three of this
act, shall expire and be deemed repealed July 1, 2028.  Effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made on or before such date.

S699A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  699--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  COMRIE,  GOUNARDES,  HARCKHAM,  KAPLAN,
   KAVANAGH, KRUEGER, MYRIE, REICHLIN-MELNICK, SALAZAR, SEPULVEDA, SERRA-
   NO, SKOUFIS -- read twice and ordered printed, and when printed to  be
   committed  to the Committee on Environmental Conservation -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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. Subdivision 35 of section 33-0101 of the environmental  conserva-
 tion  law  as added by chapter 685 of the laws of 1978 and as renumbered
 by chapter 612   of the laws of 1983, is amended to read as follows:
   35. "Pesticide" means:
   a. Any substance or mixture or  substances  intended  for  preventing,
 destroying, repelling, or mitigating any pest; [and]
   b.  Any substance or mixture of substances intended for use as a plant
 regulator, defoliant or desiccant; AND
   C. ANY SEEDS FOR PLANTING THAT HAVE BEEN  COATED  OR  TREATED  WITH  A
 NEONICOTINOID INSECTICIDE. FOR PURPOSES OF THIS DEFINITION, A NEONICOTI-
 NOID  INSECTICIDE  IS  ONE  THAT  INCLUDES  ONE OR MORE OF THE FOLLOWING
 ACTIVE INGREDIENTS: CLOTHIANIDIN, IMIDACLOPRID, THIMETHOXAM, DINOTEFURAN
 OR ACETAMIPRID.
   § 3. Section 33-1301 of the environmental conservation law is  amended
 by adding a new subdivision 13 to read as follows:
   13.  A.  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, NO PERSON
 SHALL SELL, OFFER FOR SALE, DISTRIBUTE OR PURCHASE ANY CORN, SOYBEAN  OR

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02576-02-1

 S. 699--A                           2
 
 WHEAT  SEEDS  COATED OR TREATED WITH PESTICIDES WITH THE ACTIVE INGREDI-
 ENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM, DINOTEFURAN, OR  ACETAMI-
 PRID.
   B.  BEGINNING  JULY  FIRST, TWO THOUSAND TWENTY-THREE, NO PERSON SHALL
 APPLY OR TREAT OUTDOOR ORNAMENTAL PLANTS AND TURF, EXCEPT  FOR  AGRICUL-
 TURAL  COMMODITIES,  WITH  A PESTICIDE CONTAINING THE ACTIVE INGREDIENTS
 CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM, DINOTEFURAN OR ACETAMIPRID.
   C. ON OR BEFORE JANUARY  FIFTEENTH,  TWO  THOUSAND  TWENTY-THREE,  THE
 DEPARTMENT SHALL REVIEW THE LATEST SCIENTIFIC INFORMATION CONCERNING THE
 PESTICIDE  ACTIVE  INGREDIENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM,
 DINOTEFURAN, AND ACETAMIPRID AND CLASSIFY FOR RESTRICTED USE ANY  PESTI-
 CIDE  CONTAINING  THOSE  INGREDIENTS  THAT  IT  DETERMINES  CAUSES OR IS
 REASONABLY LIKELY TO CAUSE HARM TO POLLINATING BEES OR ANY BIRD  SPECIES
 AND  SHALL  IMPOSE  CONDITIONS  NECESSARY  TO  PROTECT SUCH BEE AND BIRD
 SPECIES.
   § 4. 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 three
 of this act, shall expire and be deemed repealed July 1, 2028. 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 on or before such date.

Co-Sponsors

view additional co-sponsors

S699B (ACTIVE) - Details

See Assembly Version of this Bill:: A7429
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§33-0101 & 33-1301, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S5816

S699B (ACTIVE) - Summary

S699B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S699B

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section 1 of the bill names this act the "birds and bees protection
act."

Section 2 of the bill amends subdivision 35 of section 33-0101 of the
environmental conservation law to add "any seeds for planting that have
been coated or treated with a neonicotinoid insecticide. For the
purposes of this definition, a neonicotinoid insecticide is one that
includes one or more of the following active ingredients:  clothianidin,
imidacloprid, thiamethoxam, dinotefuran or acetamiprid" to the defi-
nition of "pesticide."

Section 3 of the bill amends section 33-1301 of the environmental
conservation law by adding a new subdivision 13 which:

- Prohibits the sale, distribution or purchase any corn, soybean or
wheat seeds coated or treated with neonicotinoid pesticides (starting
January 1, 2024), unless the NYS Dept. of Environmental Conservation
(DEC) in consultation with the NYS Dept. of Agriculture & Markets deter-
mines that no acceptable alternative exists.

- Prohibits the application or treatment of neonicotinoid pesticides to
outdoor ornamental plants and turf, except for agricultural commodities
(starting July 1, 2023), except where the DEC Commissioner determines
that use of such a pesticide is necessary to manage, control or prevent
invasive species.

- Requires DEC to review the latest scientific information concerning
certain neonicotinoid pesticide active ingredients and classify for
restricted use any pesticide containing those ingredients that it deter-
mines causes or is reasonably likely to cause harm to pollinating bees
or any bird species and shall impose conditions necessary to protect
such bee and bird species (by January 15, 2023).

- Requires DEC, in consultation with the Dept. of Agriculture & Markets
and Cornell University, to study and identify practicable and feasible
alternatives to the use of neonicotinoid pesticides (by January 1,
2023).

Section 4 of the bill is the effective date.

 
JUSTIFICATION:

In June 2020, Cornell University released a state-funded report that
provided a comprehensive risk-benefit analysis of neonicotinoid insecti-
cide use in New York State. The Cornell Report's findings provided
science-based validation for the approach this legislation takes in
regulating and restricting uses of neonicotinoid insecticides, which, as
the Report notes pose a risk to pollinators "due to their high toxicity,
systemic activity in plants...and relatively lengthy persistence in the
environment."

Under current law, the New York State Department of Environmental
Conservation (DEC) has jurisdiction to regulate Environmental Protection
Agency (EPA)-registered pesticides. However, the EPA excludes pesticide
application by seed coating from its definition of pesticide applica-
tion. As such, state law is interpreted to mirror federal policy and
excludes the ability to regulate pesticides used in the seed coating
process. This results in a loophole in pesticide management that poses a
significant risk to environmental and pollinator health, and gives farm-
ers, scientists, regulators, and policymakers an incomplete picture of
pesticide use. As the Cornell Report notes, "planting  
PESTICIDE-COATED
SEEDS is not considered a pesticide application...therefore, New York's
pesticide sales and application data do not reflect use of treated seed
by New York farmers." This bill would address this regulatory loophole
by classifying seeds coated with neonicotinoid insecticides as "pesti-
cides" and giving DEC the explicit authority to regulate treated seeds.

The Cornell Report found that the routine use of neonicotinoid-treated
seeds "does not consistently increase net income for New York field corn
or soybean producers," and "neonicotinoid-treated corn and soybean seeds
do not consistently increase expected net income compared to untreated
seeds," but " 
ALT THE SAME TIME, WIDESPREAD USE OF NEONICOTINOID-TREATED
SEEDS INCURS RISKS FOR INSECT POLLINATORS."  WEIGHING THE RISKS AND
BENEFITS IDENTIFIED IN THE CORNELL REPORT, THIS LEGISLATION PROHIBITS
THE SALE, DISTRIBUTION OR PURCHASE OF NEONICOTINOID-TREATED CORN, SOYBE-
AN OR WHEAT SEEDS STARTING JANUARY 1, 2024. THE DELAYED IMPLEMENTATION
DATE OF THE PROHIBITION IS INTENDED TO PROVIDE REQUISITE TIME AND NOTICE
FOR THE COMMERCIAL SEED MARKETPLACE TO OFFER UNTREATED SEED OPTIONS THAT
COMPLY WITH THE REQUIREMENTS OF THIS LEGISLATION.

IF THE DEC COMMISSIONER DETERMINES BY JANUARY 1, 2024 THAT NO ACCEPTABLE
ALTERNATIVE TO NEONICOTINOID-TREATED SEEDS ARE COMMERCIALLY AVAILABLE,
REASONABLY ANTICIPATED TO BECOME COMMERCIALLY AVAILABLE, OR WOULD RESULT
IN UNREASONABLE COSTS TO AGRICULTURAL PRODUCERS, IMPLEMENTATION OF THE
PROHIBITION WOULD BE DELAYED UNTIL SUCH TIME THAT ACCEPTABLE ALTERNA-
TIVES EXIST. PRIOR TO THE IMPLEMENTATION OF THE TREATED SEED PROHIBI-
TION, DEC IN CONSULTATION WITH THE NEW YORK STATE DEPARTMENT OF AGRICUL-
TURE AND MARKETS AND CORNELL UNIVERSITY ARE DIRECTED TO CONDUCT A STUDY
TO IDENTIFY PRACTICABLE AND FEASIBLE ALTERNATIVES TO THE USE OF PESTI-
CIDES CONTAINING NEONICOTINOID INGREDIENTS, TO BE PUBLISHED BY JANUARY
1, 2023.

THE BILL WOULD ALSO ENSURE THAT THE STATE IS DOING ITS PART TO PROTECT
POLLINATORS BY PROHIBITING THE USE OF NEONICOTINOID INSECTICIDES ON
ORNAMENTAL PLANTS AND TURF, EXCEPTING AGRICULTURAL PRODUCTS AND
INSTANCES WHERE DEC DETERMINES THAT THE USE OF SUCH INSECTICIDES ARE
NECESSARY TO MANAGE, CONTROL OR PREVENT INVASIVE SPECIES.

 
PRIOR LEGISLATIVE HISTORY:

S.5816 OF 2019-2020 (HOYLMAN): DIED IN ENVIRONMENTAL CONSERVATION

 
FISCAL IMPLICATIONS:

TO BE DETERMINED.

 
EFFECTIVE DATE:
THIS ACT SHALL TAKE EFFECT ON THE NINETIETH DAY AFTER IT SHALL HAVE
BECOME A LAW; PROVIDED, HOWEVER, THAT SUBDIVISION 13 OF SECTION 33-1301
OF THE ENVIRONMENTAL CONSERVATION LAW, AS ADDED BY SECTION THREE OF THIS
ACT, SHALL EXPIRE AND BE DEEMED REPEALED JULY 1, 2028.  EFFECTIVE IMME-
DIATELY, THE ADDITION, AMENDMENT AND/OR REPEAL OF ANY RULE OR REGULATION
NECESSARY FOR THE IMPLEMENTATION OF THIS ACT ON ITS EFFECTIVE DATE ARE
AUTHORIZED TO BE MADE ON OR BEFORE SUCH DATE.

S699B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  699--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sens.  HOYLMAN,  BIAGGI,  COMRIE,  GOUNARDES,  HARCKHAM,
   KAPLAN, KAVANAGH,  KRUEGER,  LIU,  MYRIE,  REICHLIN-MELNICK,  SALAZAR,
   SEPULVEDA,  SERRANO,  SKOUFIS  --  read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation -- committee discharged, bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee
 
 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. Subdivision 35 of section 33-0101 of the environmental conserva-
 tion law, as added by chapter 685 of the laws of 1978 and as  renumbered
 by chapter 612   of the laws of 1983, is amended to read as follows:
   35. "Pesticide" means:
   a.  Any  substance  or  mixture or substances intended for preventing,
 destroying, repelling, or mitigating any pest; [and]
   b. Any substance or mixture of substances intended for use as a  plant
 regulator, defoliant or desiccant; AND
   C.  ANY  SEEDS  FOR  PLANTING  THAT HAVE BEEN COATED OR TREATED WITH A
 NEONICOTINOID INSECTICIDE. FOR PURPOSES OF THIS DEFINITION, A NEONICOTI-
 NOID INSECTICIDE IS ONE THAT INCLUDES  ONE  OR  MORE  OF  THE  FOLLOWING
 ACTIVE  INGREDIENTS: CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM, DINOTEFU-
 RAN OR ACETAMIPRID.
   § 3. Section 33-1301 of the environmental conservation law is  amended
 by adding a new subdivision 13 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02576-04-1

 S. 699--B                           2
 
   13.  A.  BEGINNING  JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, NO PERSON
 SHALL SELL, OFFER FOR SALE, DISTRIBUTE OR PURCHASE ANY CORN, SOYBEAN  OR
 WHEAT  SEEDS  COATED OR TREATED WITH PESTICIDES WITH THE ACTIVE INGREDI-
 ENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM, DINOTEFURAN, OR  ACETAMI-
 PRID; PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT
 APPLY  TO  A  CORN, SOYBEAN OR WHEAT SEED FOR WHICH THE COMMISSIONER, IN
 CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE  AND  MARKETS,  DETER-
 MINES AFTER OPPORTUNITY FOR PUBLIC NOTICE AND COMMENT THAT NO ACCEPTABLE
 ALTERNATIVE  EXISTS.  FOR  PURPOSES  OF  THIS  PARAGRAPH, "NO ACCEPTABLE
 ALTERNATIVE" SHALL MEAN THAT (I) NO SEED THAT HAS NOT BEEN TREATED  WITH
 THE ACTIVE INGREDIENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM, DINOTE-
 FURAN OR ACETAMIPRID IS COMMERCIALLY AVAILABLE OR REASONABLY ANTICIPATED
 TO  BECOME  COMMERCIALLY  AVAILABLE;  OR  (II) THE PURCHASE OF SEED THAT
 COMPLIES WITH THE REQUIREMENTS OF THIS PARAGRAPH WOULD RESULT IN  UNREA-
 SONABLE COSTS TO AGRICULTURAL PRODUCERS.
   B.  BEGINNING  JULY  FIRST, TWO THOUSAND TWENTY-THREE, NO PERSON SHALL
 APPLY OR TREAT OUTDOOR ORNAMENTAL PLANTS AND TURF, EXCEPT  FOR  AGRICUL-
 TURAL  COMMODITIES,  WITH  A PESTICIDE CONTAINING THE ACTIVE INGREDIENTS
 CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM,  DINOTEFURAN  OR  ACETAMIPRID.
 THE  PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY WHERE THE COMMISSIONER
 DETERMINES THAT THE USE OF A PESTICIDE CONTAINING ONE OR  MORE  OF  SUCH
 ACTIVE  INGREDIENTS  IS NECESSARY TO MANAGE, CONTROL OR PREVENT INVASIVE
 SPECIES.
   C. ON OR BEFORE JANUARY  FIFTEENTH,  TWO  THOUSAND  TWENTY-THREE,  THE
 DEPARTMENT SHALL REVIEW THE LATEST SCIENTIFIC INFORMATION CONCERNING THE
 PESTICIDE  ACTIVE  INGREDIENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM,
 DINOTEFURAN, AND ACETAMIPRID AND CLASSIFY FOR RESTRICTED USE ANY  PESTI-
 CIDE  CONTAINING  THOSE  INGREDIENTS  THAT  IT  DETERMINES  CAUSES OR IS
 REASONABLY LIKELY TO CAUSE HARM TO POLLINATING BEES OR ANY BIRD  SPECIES
 AND  SHALL  IMPOSE  CONDITIONS  NECESSARY  TO  PROTECT SUCH BEE AND BIRD
 SPECIES.
   D. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF  AGRICULTURE
 AND  MARKETS AND NEW YORK STATE'S LAND GRANT UNIVERSITY, SHALL CONDUCT A
 STUDY TO IDENTIFY PRACTICABLE AND FEASIBLE ALTERNATIVES TO  THE  USE  OF
 PESTICIDES CONTAINING THE ACTIVE INGREDIENTS CLOTHIANIDIN, IMIDACLOPRID,
 THIAMETHOXAM,  DINOTEFURAN  OR  ACETAMIPRID.    THE RESULTS OF THE STUDY
 SHALL BE SUBMITTED TO THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE
 SENATE  AND  THE SPEAKER OF THE ASSEMBLY ON OR BEFORE JANUARY FIRST, TWO
 THOUSAND TWENTY-THREE AND SHALL BE  MADE  AVAILABLE  TO  ALL  INTERESTED
 PARTIES.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  subdivision  13  of  section
 33-1301 of the environmental conservation law, as added by section three
 of this act, shall expire and be deemed repealed July 1, 2028. 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 date.

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