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.

                                
 
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.

                                 
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 "(a)t 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.

                                 
BILL NUMBER: S699D

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
enacting the birds and bees protection act

 
SUMMARY OF PROVISIONS:

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

Section 2 of the bill amends section 33-1301 of the Environmental
Conservation Law adds a new subdivision 13 that would:

*prohibit, starting January 1, 2025, the sale, distribution or purchase
by any person within the state of corn, soybean or wheat seeds coated or
treated with pesticides with the active ingredients clothianidin, imida-
cloprid, thiamethoxam, dinotefuran, or acetamiprid;

*authorize the Governor, after consultation with the Department of Envi-
ronmental' Conservation (DEC) and the Department of Agriculture &
              

Markets (DAM), to issue an executive order determining that there is a
lack of commercially available untreated seed or that compliance would
result in undue hardship to agriculture producers;

*prohibit the application or treatment of outdoor ornamental plants and
turf, except for the production of agricultural commodities, with a
pesticide containing:

*the active ingredients imidacloprid, thiamethoxam or acetamiprid on or
after July 1, 2024; and, the active ingredients clothianidin or dinote-
furan effective immediately; unless.

*DEC, in consultation with DAM, determines and justifies with a detailed
order that:

*a valid environmental emergency exists;

*the pesticide would be effective in addressing the environmental emer-
gency; and,

*no other, less harmful pesticide or pest management practice would be
effective in addressing the environmental emergency;

*require DEC, in consultation with DAM and SUNY ESF to conduct a study
to identify practicable and feasible alternatives to the use of neonico-
tinoid pesticides with results submitted to Legislature and Executive on
or before January 1, 2023.

Section 4 of the bill establishes 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
include clothianidin, imidacloprid, thiamethoxam, and acetamiprid, that
as the Report notes pose a risk to pollinators "due to their high toxic-
ity, systemic activity in plants...and relatively lengthy persistence in
the environment."

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 " at 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 certain neonicotinoid-treated
corn, soybean or wheat seeds starting January 1, 2025. 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.

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 is
necessary to manage, control or prevent invasive species.

 
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 "(a)t 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 certain neonicotinoid-treated
corn, soybean or wheat seeds starting January 1, 2025. 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.

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 is
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. Effective immediately, 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 and complete on
or before such date.