Bill Text: NY A04089 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires pesticide businesses to submit reports to the department of environmental conservation, which reports shall be in electronic format; changes the annual date by which such department must produce pesticide use and sales reporting data from July first to November thirtieth.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2020-01-08 - referred to environmental conservation [A04089 Detail]

Download: New_York-2019-A04089-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4089
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 1, 2019
                                       ___________
        Introduced by M. of A. ENGLEBRIGHT, COLTON, COOK, L. ROSENTHAL, CARROLL,
          ABINANTI,  OTIS,  LIFTON,  GLICK  --  Multi-Sponsored  by  -- M. of A.
          BARRETT, FAHY, GOTTFRIED, HEVESI, RIVERA, SOLAGES,  STECK,  THIELE  --
          read once and referred to the Committee on Environmental Conservation
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          compilation of data on pesticides
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Subdivision  2  of section 33-1201 of the environmental
     2  conservation law, as added by chapter  279  of  the  laws  of  1996,  is
     3  amended to read as follows:
     4    2.  The commissioner shall prepare an annual report summarizing pesti-
     5  cide sales, quantity of pesticides  used,  category  of  applicator  and
     6  region  of application. Pesticide data shall be compiled and reported by
     7  both product name and by active ingredient. The commissioner  shall  not
     8  provide  the  name, address, or any other information which would other-
     9  wise identify a commercial or private  applicator,  or  any  person  who
    10  sells  or  offers for sale restricted use or general use pesticides to a
    11  private applicator, or any person who received the services of a commer-
    12  cial applicator. In accordance with article six of the  public  officers
    13  law,  proprietary  information  contained  within such record, including
    14  price charged per product, shall not be disclosed. The report  shall  be
    15  submitted to the governor, the temporary president of the senate and the
    16  speaker  of  the assembly, and shall be made available to all interested
    17  parties. The first report shall be submitted  on  July  first,  nineteen
    18  hundred  ninety-eight  and  on  [July first] November thirtieth annually
    19  thereafter.
    20    § 2. Paragraph a of subdivision 1 of section 33-1203 of  the  environ-
    21  mental conservation law, as added by chapter 279 of the laws of 1996, is
    22  amended to read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07654-01-9

        A. 4089                             2
     1    a.  The  commissioner  shall,  upon  written  request of an interested
     2  party, in printed form or  on  a  diskette  in  computerized  data  base
     3  format,  provide  the information on pesticides submitted to the depart-
     4  ment pursuant to sections 33-1205 and 33-1207 of this title. Such infor-
     5  mation  shall  be provided by county or counties, or five-digit zip code
     6  or codes as selected by the interested party making the written request.
     7  Pesticide data shall be provided by both product name and active  ingre-
     8  dient.  The  commissioner  shall  not  provide the name, address, or any
     9  other information which would otherwise identify a commercial or private
    10  applicator, or any person who sells or offers for sale restricted use or
    11  general use pesticides to  a  private  applicator,  or  any  person  who
    12  received  the  services  of  a commercial applicator. In accordance with
    13  article  six  of  the  public  officers  law,  proprietary   information
    14  contained within such record, including price charged per product, shall
    15  not  be  disclosed.  The provisions of this paragraph shall not apply to
    16  the provision of pesticide data  to  the  commissioner  of  health,  the
    17  health research science board and researchers pursuant to title one-B of
    18  article twenty-four of the public health law.
    19    §  3.  The  second  undesignated paragraph of subdivision 1 of section
    20  33-1205 of the environmental conservation law, as added by  chapter  279
    21  of the laws of 1996, is amended to read as follows:
    22    Such  records  shall be maintained for a period of not less than three
    23  years.   All commercial applicators shall file,  at  least  annually,  a
    24  report  or  reports  containing such information with the department [on
    25  computer diskette or in printed form] in an electronic format  developed
    26  by  the  department  consistent  with  system  file specifications or on
    27  scannable forms developed by the department on or before February  first
    28  for  the  prior  calendar  year.   All commercial applicators shall also
    29  maintain corresponding records of the dosage rates, methods of  applica-
    30  tion and target organisms for each pesticide application.  These records
    31  shall  be maintained on an annual basis and retained for a period of not
    32  less than three years and shall be available for inspection upon request
    33  by the department.
    34    § 4. The closing paragraph of paragraph a of subdivision 2 of  section
    35  33-1205 of the environmental conservation law, as amended by chapter 260
    36  of the laws of 1997, is amended to read as follows:
    37    Every person who sells or offers for sale restricted use pesticides to
    38  private  applicators  shall file, at least annually, a report or reports
    39  containing such information with the department [on computer diskette or
    40  in printed form] in an electronic format  developed  by  the  department
    41  consistent  with system file specifications or on scannable forms devel-
    42  oped by the department on or before February first for the prior  calen-
    43  dar  year.    The department shall not use the reports filed pursuant to
    44  this paragraph for enforcement purposes.
    45    § 5. Subdivision 2 of section 33-1207 of the  environmental  conserva-
    46  tion  law,  as  added  by chapter 279 of the laws of 1996, is amended to
    47  read as follows:
    48    2. Such records shall be maintained for a  period  of  not  less  than
    49  three  years.    All  manufacturers  and  importers shall file an annual
    50  report containing such information  with  the  department  [on  computer
    51  diskette  or  in  printed form] in an electronic format developed by the
    52  department consistent with system file specifications  or  on  scannable
    53  forms  developed  by  the department on or before February first for the
    54  prior calendar year.
    55    § 6. This act shall take effect on the sixtieth  day  after  it  shall
    56  have become a law.
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