NY State Senate Bill S1856

Current Bill Status - In Senate Committee Environmental Conservation Committee

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
Jan 17, 2023	referred to environmental conservation

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S1856 (ACTIVE) - Details

See Assembly Version of this Bill:: A3226
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §33-1301, En Con L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S5816
2021-2022: S699, A7429

S1856 (ACTIVE) - 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.

S1856 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1856

SPONSOR: HOYLMAN-SIGAL
 
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, 2026, 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 commissioner to issue a written order after consultation
with the commissioner of agriculture and markets, 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, 2025; and, the active ingredients clothianidin or dinote-
furan effective immediately; unless.

* DEC determines and justifies with a detailed written 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,to conduct a study to identify practicable and feasible
alternatives to the use of neonicotinoid pesticides with results submit-
ted to Legislature and Executive on or before January 1, 2025.

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.

 
PRIOR LEGISLATIVE HISTORY:

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

S.699D of 2021-2022 (Hoylman): Died in Rules

 
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.

S1856 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1856
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, ADDABBO, BAILEY, BRESLIN, BRISPORT,
   BROUK, CLEARE, COMRIE, GOUNARDES, HARCKHAM, JACKSON, KAVANAGH,  KENNE-
   DY,  KRUEGER,  LIU,  MAYER,  MYRIE,  RIVERA,  RYAN,  SALAZAR, SANDERS,
   SEPULVEDA, SERRANO, STAVISKY -- read twice and  ordered  printed,  and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02118-02-3

 S. 1856                             2
 
   (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.
   (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.

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The New York State Senate

senate Bill S1856

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

Co-Sponsors

S1856 (ACTIVE) - Details

S1856 (ACTIVE) - Summary

S1856 (ACTIVE) - Sponsor Memo

S1856 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1856

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Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Your Voice

Actions

Co-Sponsors

S1856 (ACTIVE) - Details

S1856 (ACTIVE) - Summary

S1856 (ACTIVE) - Sponsor Memo

S1856 (ACTIVE) - Bill Text download pdf

Comments