NY State Senate Bill 2023-S4165

Senate Bill S4165

2023-2024 Legislative Session

Institutes a moratorium on the distribution, sale or use of glyphosate until a task force completes a study regarding the safety, alternatives and use of such compound

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Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Feb 03, 2023	referred to environmental conservation

co-Sponsors

2023-S4165 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0123, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5472
2017-2018: S127
2019-2020: S223
2021-2022: S1002

2023-S4165 (ACTIVE) - Summary

Institutes a moratorium on the distribution, sale or use of glyphosate until a task force completes a study regarding the safety, alternatives and use of such compound.

2023-S4165 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4165

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
instituting a moratorium on the distribution, sale or use of glyphosate
until a task force completes a study regarding the safety, alternatives
and use of such compound

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to place a moratorium on the distribution,
sale, or use of glyphosate or products containing glyphosate in the
state of New York until July 1st, 2022, and establish a task force with-
in the Department of Environmental Conservation to research and identify
the safety risks associated with glyphosate and determine whether it is
safe for use.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 37-0115 to the environmental

conservation law to provide that no person, firm, partnership, associ-
ation, LLC, or corporation shall distribute, sell, offer for sale, or
use glyphosate or products containing glyphosate within New York state
until July first, two thousand twenty. It also provides for the estab-
lishment, makeup, and duties of a task force within the Department of
Environmental Conservation to study glyphosate's effects and make recom-
mendations.

Section 2 of the bill provides the effective date.

 
JUSTIFICATION:

Glyphosate is the most widely used herbicide in the world and is found
in over 750 different products. It is primarily used in agriculture for
crops such as corn and soybeans but is also sprayed in forests, on roads
and in gardens to prevent the growth of weeds. Glyphosate is the main
ingredient in the popular Monsanto weed-killer "Roundup," which is
currently sold in stores throughout New York State. In March 2015, it
was deemed "probably carcinogenic to humans" by the World Health Organ-
ization's International Agency for Research on Cancer.  IARC's analysis
drew on studies conducted in the United States, Canada and Sweden since
2001 and was based on epidemiological, animal and in vitro studies.

Glyphosate has been detected in the blood and urine of agricultural
workers, indicating it can be absorbed through the body, and has also
been shown to damage DNA and chromosomes in human cells, which can lead
to cancer. Furthermore, a number of studies have found glyphosate
induces a positive trend of tumors in mice and rats.  Glyphosate is also
said to by responsible for the precipitous demise of the population of
Danaus plexippus, or the Monarch butterfly.';, Earlier this year, the
Natural Resources Defense Council filed suit against the Environmental
Protection Agency in U.S. District Court in New York claiming the agency
has failed to heed warnings about the dangers to monarchs posed by
glyphosate.

The lawsuit states that a key reason for the decline of monarchs is the
application of glyphosate to farm fields, resulting in the destruction
of the milkweed habitat that migrating monarchs rely on.  The monarch
population was tallied at 1 billion in 1997 and this winter was down to
56.5 million butterflies, the second-lowest number ever measured.

Given the mounting evidence to link exposure to glyphosate with cancer,
and the detrimental effect of glyphosate on the monarch butterfly popu-
lation, it is prudent to halt its use until we are able to further study
its potential for harm. The goal of this legislation is to direct a
panel of experts to study glyphosate's effects and protect the public
health of New Yorkers in the meantime.

 
PRIOR LEGISLATIVE HISTORY:

S.1002 of 2021-2022 (Hoylman): Died in Environmental Conservation

S.0127 of 2017-2018 (Hoylman): Died in Environmental Conservation

A.6877 of 2019-2020 (Steck): Died in Environmental Conservation

S.0127 of 2017-2018 (Hoylman): Died in Environmental Conservation

S.5472-A of 2015-2016 (Hoylman): Died in Environmental Conservation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4165 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4165
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  KRUEGER -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   instituting  a  moratorium on the distribution, sale or use of glypho-
   sate until a task force completes a study regarding the safety, alter-
   natives and use of such compound
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 37-0123 to read as follows:
 § 37-0123. PROHIBITION AGAINST USE OF GLYPHOSATE.
   1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
 NY OR CORPORATION SHALL DISTRIBUTE, SELL, OFFER FOR SALE OR USE  GLYPHO-
 SATE  OR  ANY PRODUCTS CONTAINING GLYPHOSATE WITHIN NEW YORK STATE UNTIL
 JULY FIRST, TWO THOUSAND TWENTY-EIGHT.
   2. FOR THE PURPOSE OF THIS SECTION, "GLYPHOSATE" SHALL MEAN A SYNTHET-
 IC COMPOUND THAT IS A NON-SELECTIVE SYSTEMIC HERBICIDE,  ALSO  KNOWN  AS
 N-(PHOSPHONOMETHYL) GLYCINE WITH A CHEMICAL FORMULA OF C3H8NO5P.
   3.  THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT A GLYPHOSATE TASK
 FORCE WHICH SHALL CONSIST OF THE FOLLOWING MEMBERS:
   (A) THE COMMISSIONER OF THE DEPARTMENT, OR THE  COMMISSIONER'S  DESIG-
 NEE.
   (B)  THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR SUCH COMMISSION-
 ER'S DESIGNEE.
   (C) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS,  OR
 SUCH COMMISSIONER'S DESIGNEE.
   (D)  A  REPRESENTATIVE FROM THE STATE UNIVERSITY OF NEW YORK'S COLLEGE
 OF ENVIRONMENTAL SCIENCE AND FORESTRY, APPOINTED BY THE GOVERNOR.
   (E) A REPRESENTATIVE FROM THE NEW YORK FARM BUREAU, APPOINTED  BY  THE
 GOVERNOR.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08472-01-3

 S. 4165                             2
 
   (F)  A  REPRESENTATIVE  FROM  THE PESTICIDE INDUSTRY, APPOINTED BY THE
 GOVERNOR.
   (G)  A REPRESENTATIVE FROM AN ENVIRONMENTAL ORGANIZATION, APPOINTED BY
 THE GOVERNOR.
   4. THE TASK FORCE SHALL:
   (A) RESEARCH AND IDENTIFY ANY HEALTH AND  SAFETY  CONCERNS  ASSOCIATED
 WITH THE USE OF GLYPHOSATE.
   (B) IDENTIFY SAFE ALTERNATIVES TO GLYPHOSATE.
   (C) DETERMINE WHETHER THE USE OF GLYPHOSATE SHOULD BE PERMITTED IN THE
 STATE.
   (D) IF THE USE OF GLYPHOSATE SHOULD BE PERMITTED, IDENTIFY RECOMMENDED
 SAFE PRACTICES ASSOCIATED WITH THE USE OF GLYPHOSATE.
   5.  THE  MEMBERS  OF  THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION,
 EXCEPT MEMBERS SHALL BE ALLOWED  THEIR  NECESSARY  AND  ACTUAL  EXPENSES
 INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
   6.  THE MEMBERS OF THE TASK FORCE SHALL SUBMIT A REPORT OF THEIR FIND-
 INGS AND RECOMMENDATIONS, INCLUDING ANY  PROPOSED  LEGISLATION,  TO  THE
 GOVERNOR AND LEGISLATURE NO LATER THAN JANUARY FIRST, TWO THOUSAND TWEN-
 TY-EIGHT.
   7.  THE  GLYPHOSATE TASK FORCE SHALL CEASE TO EXIST ON JUNE THIRTIETH,
 TWO THOUSAND TWENTY-EIGHT.
   § 2. This act shall take effect immediately.

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Senate Bill S4165

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Sponsored By

Brad Hoylman-Sigal