Senate Bill S7400

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7400
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                            September 24, 2021
                                ___________
 
 Introduced  by  Sen.  RATH  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the agriculture and markets law, in relation to pollina-
   tor protection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  findings.  The  legislature  finds  that the
 protection of pollinators, including both wild pollinators  and  managed
 bees,  is  of critical importance to the environment and to all agricul-
 tural industries in the state. To address the losses of managed pollina-
 tor colonies observed by beekeepers in the early part of  this  century,
 the department of agriculture and markets and the department of environ-
 mental  conservation  adopted  the  New York state pollinator protection
 plan in June, 2016, with the goal of developing  a  plan  for  New  York
 state  to  protect, conserve and increase pollinators in the state.  The
 New York state pollinator protection  plan  identifies  best  management
 practices,  habitat  enhancement  projects,  research,  and outreach and
 education as critical to reversing declining pollinator populations. The
 plan increases awareness of the health issues challenging the pollinator
 community among all parties that interface  with  pollinators.  The  New
 York  state pollinator protection plan recognizes that the single great-
 est threat to pollinators are the diseases that  currently  exist  among
 the  bee population, and control of those diseases is the best remedy to
 address a decline in pollinator populations. However, the New York state
 pollinator protection plan also outlines better ways of  doing  business
 for  those  entities  engaged  in  activities that can affect pollinator
 viability, as well as ways to enhance and create habitats to support and
 increase New York's pollinator population. The New York state pollinator
 protection plan achieves that goal through the development and recommen-
 dation of best management practices for all sectors of the  agricultural
 industry  that  manage  and use pollinators, and all other parties whose
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13170-01-1

 S. 7400                             2
 
 activities may impact pollinators. This legislation will  provide  addi-
 tional  guidance  to  all  parties who may impact pollinators on actions
 that must be taken to preserve and protect New York's  pollinator  popu-
 lation.
   §  2.  Article  15-A  of the agriculture and markets law is renumbered
 article 15-B and a new article 15-A is added to read as follows:
                                ARTICLE 15-A
                   POLLINATOR PROTECTION AND MANAGEMENT
 SECTION 175-E. DEFINITIONS.
         175-F.USE OF BEST MANAGEMENT PRACTICES.
         175-G. COMMUNICATION REGARDING POLLINATORS.
         175-H. BEST MANAGEMENT  PRACTICES  FOR  ELIMINATING  INSECTICIDE
                  DUST.
         175-I. PUBLIC ACCESS TO INFORMATION.
         175-J. UPDATING BEST MANAGEMENT PRACTICES.
         175-K. RULES AND REGULATIONS.
   § 175-E. DEFINITIONS. WHEN USED IN THIS ARTICLE:
   1.  "POLLINATOR PROTECTION PLAN" SHALL MEAN THE PLAN ENTITLED THE "NEW
 YORK STATE POLLINATOR PROTECTION PLAN" ADOPTED BY THE DEPARTMENT AND THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN JUNE TWO  THOUSAND  SIXTEEN,
 AS  UPDATED IN JUNE TWO THOUSAND EIGHTEEN, DECEMBER TWO THOUSAND TWENTY,
 AND FROM TIME TO TIME THEREAFTER.
   2. "BEST MANAGEMENT PRACTICES" SHALL MEAN THE METHODS  AND  TECHNIQUES
 USED  TO  ACHIEVE  A  DESIRED OUTCOME IN AN EFFICIENT AND COST-EFFECTIVE
 MANNER.  BEST MANAGEMENT PRACTICES IN THIS ARTICLE SHALL  BE  CONSISTENT
 WITH  THE BEST MANAGEMENT PRACTICES ADOPTED IN THE POLLINATOR PROTECTION
 PLAN.
   § 175-F. USE OF BEST MANAGEMENT PRACTICES. BEST MANAGEMENT  PRACTICES,
 INCLUDING  THOSE  PRESCRIBED  BY  AN INTEGRATED PEST MANAGEMENT PROGRAM,
 SHALL BE USED BY ALL PARTIES WHOSE ACTIVITIES  MAY  IMPACT  POLLINATORS,
 INCLUDING BUT NOT LIMITED TO BEEKEEPERS, CONTRACT BEEKEEPERS, LANDOWNERS
 AND GROWERS, PESTICIDE USERS AND THE EXECUTIVE AGENCIES OF THE STATE.
   §  175-G.  COMMUNICATION  REGARDING POLLINATORS. BEST MANAGEMENT PRAC-
 TICES FOR POLLINATOR PROTECTION SHALL INCLUDE THE DEVELOPMENT OF  PROTO-
 COLS  TO INCREASE COMMUNICATION BETWEEN BEEKEEPERS, FARMERS AND GROWERS,
 AND PESTICIDE APPLICATORS. THE COMMUNICATION  PROTOCOLS  SHALL  INCLUDE,
 BUT  NOT BE LIMITED TO EDUCATION AND OUTREACH TO BEEKEEPERS, FARMERS AND
 GROWERS AND PESTICIDE APPLICATORS, AND  THE  BEST  MANAGEMENT  PRACTICES
 SHALL REQUIRE THAT SPECIFIC COMMUNICATIONS BE EMPLOYED TO SHARE INFORMA-
 TION ABOUT POLLINATORS AMONG THOSE PARTIES.
   §  175-H.  BEST MANAGEMENT PRACTICES FOR ELIMINATING INSECTICIDE DUST.
 ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-TWO, THE DEPARTMENT,  IN
 CONSULTATION  WITH  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND NEW
 YORK STATE'S LAND GRANT UNIVERSITY, SHALL DEVELOP BEST MANAGEMENT  PRAC-
 TICES  FOR  MINIMIZING  THE AIRBORNE LIBERATION OF INSECTICIDE DUST FROM
 SEEDS COATED OR TREATED WITH AN INSECTICIDE AND MITIGATING  THE  EFFECTS
 OF  SUCH DUST ON POLLINATORS. SUCH BEST PRACTICES SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   1. METHODS TO MINIMIZE SUCH DUST WHEN TREATED SEEDS ARE DISPENSED FROM
 A SEED BAG INTO SEED PLANTER EQUIPMENT;
   2. GUIDANCE ON THE POSITIONING OF THE VACUUM SYSTEM DISCHARGE OF  SEED
 PLANTER EQUIPMENT TO DIRECT SUCH DISCHARGE TOWARDS THE SOIL;
   3.  TIME FRAMES FOR THE MOWING OF FLOWERING VEGETATION LOCATED NEXT TO
 CROP FIELDS;
   4. IDENTIFICATION OF WEATHER CONDITIONS THAT MINIMIZE  DRIFT  OF  SUCH
 DUST; AND

 S. 7400                             3
 
   5.  SUGGESTIONS FOR THE USE OF SEED LUBRICANTS TO EFFECTIVELY MINIMIZE
 THE DRIFT OF SUCH DUST.
   § 175-I. PUBLIC  ACCESS  TO  INFORMATION.  BEST  MANAGEMENT  PRACTICES
 DEVELOPED IN ACCORDANCE WITH THIS ARTICLE  SHALL  BE  AVAILABLE  TO  THE
 INDIVIDUALS  REQUIRED  TO USE SUCH BEST MANAGEMENT PRACTICES, AND TO THE
 GENERAL PUBLIC, ON THE DEPARTMENT'S WEBSITE WITHIN THIRTY  DAYS  OF  THE
 ADOPTION OF SUCH BEST MANAGEMENT PRACTICES.
   § 175-J. UPDATING  BEST  MANAGEMENT  PRACTICES. IN EVERY UPDATE OF THE
 POLLINATOR PROTECTION PLAN, THE PLAN'S BEST MANAGEMENT  PRACTICES  SHALL
 BE  REVIEWED  AND UPDATED TO TAKE INTO ACCOUNT NEW RESEARCH AND INFORMA-
 TION ON POLLINATORS AND THE EVOLUTION OF NEW  STRATEGIES  FOR  IMPROVING
 POLLINATOR  HEALTH.  IF  THERE IS NO UPDATE OF THE POLLINATOR PROTECTION
 PLAN IN A FIVE-YEAR PERIOD,  THE  BEST  MANAGEMENT  PRACTICES  SHALL  BE
 REVIEWED AND UPDATED IN THE SAME MANNER IN WHICH UPDATES OF THE POLLINA-
 TOR PROTECTION PLAN ARE DEVELOPED. THE COMMISSIONER AND THE COMMISSIONER
 OF  ENVIRONMENTAL  CONSERVATION  SHALL CONSULT, AS NEEDED, WITH NEW YORK
 STATE'S LAND GRANT UNIVERSITY WHEN UPDATING  THE  POLLINATOR  PROTECTION
 PLAN.
   § 175-K. RULES  AND REGULATIONS. THE COMMISSIONER IS HEREBY AUTHORIZED
 TO ADOPT, PROMULGATE AND ISSUE SUCH RULES AND REGULATIONS AS THE COMMIS-
 SIONER MAY DEEM NECESSARY TO CARRY OUT AND GIVE FULL FORCE AND EFFECT TO
 THE PROVISIONS OF THIS ARTICLE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.