The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3226
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by M. of A. GLICK -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the birds and bees protection act
 
   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 13 to read as follows:
   13. A. BEGINNING JANUARY  FIRST,  TWO  THOUSAND  TWENTY-SIX,  FOR  ANY
 PERSON  TO  SELL,  OFFER FOR SALE OR USE, OR DISTRIBUTE WITHIN THE STATE
 ANY CORN, SOYBEAN OR WHEAT SEEDS COATED OR TREATED WITH PESTICIDES  WITH
 THE ACTIVE INGREDIENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM, DINOTE-
 FURAN,  OR ACETAMIPRID; PROVIDED, HOWEVER, THAT THE COMMISSIONER MAY, BY
 WRITTEN ORDER, TEMPORARILY SUSPEND THE PROVISIONS OF THIS  PARAGRAPH  AT
 ANY  TIME  BASED  ON  THE COMMISSIONER'S DETERMINATION, AFTER CONSULTING
 WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, THAT THERE IS  A  LACK
 OF COMMERCIALLY AVAILABLE SEED THAT HAS NOT BEEN TREATED WITH PESTICIDES
 WITH    THE ACTIVE INGREDIENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM,
 DINOTEFURAN OR ACETAMIPRID OR THE PURCHASE OF SEED  THAT  COMPLIES  WITH
 THE REQUIREMENTS OF THIS PARAGRAPH WOULD RESULT IN UNDUE FINANCIAL HARD-
 SHIP  TO  AGRICULTURAL  PRODUCERS.   ANY SUCH TEMPORARY SUSPENSION SHALL
 SPECIFY THE TYPE OF SEED INCLUDED.
   B. (1) NO PERSON SHALL APPLY OR TREAT OUTDOOR  ORNAMENTAL  PLANTS  AND
 TURF,  EXCEPT  FOR  THE  PRODUCTION  OF AGRICULTURAL COMMODITIES, WITH A
 PESTICIDE CONTAINING:
   (I) THE ACTIVE INGREDIENTS IMIDACLOPRID, THIAMETHOXAM  OR  ACETAMIPRID
 ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FIVE;
   (II)  THE  ACTIVE  INGREDIENTS  CLOTHIANIDIN  OR DINOTEFURAN EFFECTIVE
 IMMEDIATELY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02118-02-3

 A. 3226                             2
 
   (2) A. THE PROVISIONS OF THIS PARAGRAPH  SHALL  NOT  APPLY  WHERE  THE
 COMMISSIONER, BY WRITTEN ORDER, DETERMINES THAT:
   (I) A VALID ENVIRONMENTAL EMERGENCY EXISTS;
   (II)  THE PESTICIDE WOULD BE EFFECTIVE IN ADDRESSING THE ENVIRONMENTAL
 EMERGENCY; AND
   (III) NO OTHER, LESS HARMFUL PESTICIDE  OR  PEST  MANAGEMENT  PRACTICE
 WOULD BE EFFECTIVE IN ADDRESSING THE ENVIRONMENTAL EMERGENCY.
   B.  ANY  SUCH  ORDER  SHALL  INCLUDE  THE BASIS FOR THE COMMISSIONER'S
 DETERMINATION AND SPECIFY THE APPROVED TIME  PERIOD,  GEOGRAPHIC  SCOPE,
 AND  PURPOSE  OF  THE   PERMITTED USE OF SUCH PESTICIDE. AN ORDER ISSUED
 PURSUANT TO THIS SECTION SHALL BE VALID FOR A PERIOD NOT TO  EXCEED  ONE
 YEAR.
   C.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION "ENVIRONMENTAL EMERGENCY"
 MEANS:  AN OCCURRENCE OF ANY  PEST WHICH PRESENTS A SIGNIFICANT RISK  OF
 HARM OR INJURY TO THE  ENVIRONMENT, OR SIGNIFICANT HARM, INJURY, OR LOSS
 TO  AGRICULTURAL  CROPS,    INCLUDING, BUT NOT LIMITED TO, ANY EXOTIC OR
 FOREIGN PEST WHICH MAY NEED PREVENTATIVE QUARANTINE MEASURES TO AVERT OR
 PREVENT THAT RISK, AS DETERMINED BY THE DEPARTMENT IN CONSULTATION  WITH
 THE DEPARTMENT OF AGRICULTURE AND MARKETS.
   §  3.  The  department  of environmental conservation, in consultation
 with the department of agriculture and markets, New  York  state's  land
 grant  university,  and state university of New York college of environ-
 mental science and forestry shall conduct a study to identify  practica-
 ble  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 1, 2025 and shall be posted on the depart-
 ment's public website.
   § 4. 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  completed
 on or before such date.