Bill Text: NY A08571 | 2023-2024 | General Assembly | Introduced
Bill Title: Provides for the regulation of certain coated and treated seeds; requires the department of environmental conservation and the department of agriculture and markets to review the latest scientific information concerning certain pesticide active ingredients.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced) 2024-02-28 - substituted by s8031 [A08571 Detail]
Download: New_York-2023-A08571-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8571 IN ASSEMBLY January 11, 2024 ___________ 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 regu- lation of certain coated or treated seeds; to amend a chapter of the laws of 2023 amending the environmental conservation law relating to enacting the birds and bees protection act, as proposed in legislative bills numbers S. 1856-A and A. 7640, in relation to a study to identi- fy practicable and feasible alternatives to certain pesticides The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 37 of the environmental conservation law is amended 2 by adding a new title 11 to read as follows: 3 TITLE 11 4 REGULATION OF COATED OR TREATED SEEDS 5 Section 37-1101. Unlawful acts. 6 § 37-1101. Unlawful acts. 7 1. Beginning January first, two thousand twenty-nine, it shall be 8 unlawful for any person to sell, offer for sale or use, or distribute 9 within the state any corn, soybean or wheat seeds coated or treated with 10 pesticides, as defined in subdivision thirty-five of section 33-0101 of 11 this chapter, with the active ingredients clothianidin, imidacloprid, 12 thiamethoxam, or any other neonicotinoid as determined by the department 13 in regulation unless a valid waiver is issued by the department to the 14 user pursuant to subdivision two of this section. 15 2. The commissioner in consultation with the commissioner of agricul- 16 ture and markets may issue a waiver to allow the use of such seeds for 17 the production of agricultural commodities. 18 (a) No such waiver shall be valid for more than two years. 19 (b) Such waiver shall be granted only if at a minimum the following 20 conditions are met: 21 (i) the farm owner must complete an integrated pest management train- 22 ing; 23 (ii) a pest risk assessment and a pest risk assessment report must be 24 completed; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02118-08-4A. 8571 2 1 (iii) any such seeds may only be planted on the farm property or prop- 2 erties identified in the pest risk assessment report; and 3 (iv) the farm owner must maintain current records of such pest risk 4 assessment report and records of when treated seeds are planted, both of 5 which shall be subject to review upon request by the department. 6 (c) The commissioner in consultation with the commissioner of agricul- 7 ture and markets shall promulgate any appropriate regulations prior to 8 undertaking this waiver process. 9 (d) The department shall annually report to the legislature on the 10 number of waivers granted. 11 § 2. Subdivision 13 of section 33-1301 of the environmental conserva- 12 tion law, as added by a chapter of the laws of 2023 amending the envi- 13 ronmental conservation law relating to enacting the birds and bees 14 protection act, as proposed in legislative bills numbers S. 1856-A and 15 A. 7640, is amended to read as follows: 16 13. a. [Beginning January first, two thousand twenty-seven, for any17person to sell, offer for sale or use, or distribute within the state18any corn, soybean or wheat seeds coated or treated with pesticides with19the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-20furan, or acetamiprid; provided, however, that the commissioner may, by21written order, temporarily suspend the provisions of this paragraph at22any time based on the commissioner's determination, after consulting23with the commissioner of agriculture and markets, that there is an24insufficient amount of commercially available seed to adequately supply25the agriculture market that has not been treated with pesticides with26the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-27furan or acetamiprid or the purchase of seed that complies with the28requirements of this paragraph would result in undue financial hardship29to agricultural producers. The commissioner, in consultation with the30commissioner of agriculture and markets, shall publish such written31order on or before October first next succeeding the date upon which it32shall become law and reevaluate any such determination on an annual33basis. By October first of each year, the commissioner shall publish a34written directive a s to whether there shall be such temporary suspen-35sion for the forthcoming year. Any such temporary suspension shall spec-36ify the type of seed included and shall apply for one calendar year.37b. (1) No person shall] It shall be unlawful for any person to apply 38 or treat outdoor ornamental plants and turf, except for the production 39 of agricultural commodities or structural commercial applications within 40 one foot of a building foundation perimeter to manage structural pests 41 provided that the application is not conducted on any blooming plant, 42 with a pesticide containing: 43 [(i)] (1) the active ingredients imidacloprid, thiamethoxam or aceta- 44 miprid on or after [July first] December thirty-first, two thousand 45 [twenty-five] twenty-six; 46 [(ii)] (2) the active ingredients clothianidin or dinotefuran effec- 47 tive [immediately] December thirty-first, two thousand twenty-four. 48 [(2) a.] b. (1) The provisions of [this] paragraph a of this subdivi- 49 sion shall not apply where the [commissioner] department, by written 50 order, determines that: 51 (i) a valid environmental emergency exists; 52 (ii) the pesticide would be effective in addressing the environmental 53 emergency; and 54 (iii) no other, less harmful pesticide or pest management practice 55 would be effective in addressing the environmental emergency.A. 8571 3 1 [b.] (2) Any such order shall include the basis for the [commission-2er's] department's determination and specify the approved time period, 3 geographic scope, and purpose of the permitted use of such pesticide. 4 An order issued pursuant to this section shall be valid for a period not 5 to exceed one year. 6 [(3)] c. The provisions of this [paragraph] subdivision shall not 7 apply to pesticide applications by, or under the supervision of, a 8 certified applicator for treatment against invasive species [in] affect- 9 ing woody plants. 10 [c.] d. For the purposes of this subdivision "environmental emergency" 11 means: an occurrence of any pest which presents a significant risk of 12 harm or injury to the environment, or significant harm, injury, or loss 13 to agricultural crops, including, but not limited to, any exotic or 14 foreign pest [which may need preventative quarantine measures to avert15or prevent that risk, as determined by the department in consultation16with the department of agriculture and markets]. 17 e. Applicators using a pesticide containing the active ingredients 18 imidacloprid, thiamethoxam, acetamiprid, clothianidin, or dinotefuran 19 pursuant to paragraph b or c of this subdivision must take a department 20 approved neonicotinoid course annually and maintain a record of this 21 course for three years. 22 § 3. Section 71-3703 of the environmental conservation law is amended 23 by adding a new subdivision 7 to read as follows: 24 7. Any person who violates any of the provisions of, or who fails to 25 perform any duty imposed by section 37-1101 of this chapter or any rule 26 or regulation promulgated pursuant hereto, shall be liable for a civil 27 penalty not to exceed one thousand dollars for each day during which 28 such violation continues, and in addition thereto, such person may be 29 enjoined from continuing such violation. Such person shall for a second 30 violation be liable to the people of the state for a civil penalty not 31 to exceed two thousand five hundred dollars for each day during which 32 such violation continues. 33 § 4. Section 3 of a chapter of the laws of 2023 amending the environ- 34 mental conservation law relating to enacting the birds and bees 35 protection act, as proposed in legislative bills numbers S. 1856-A and 36 A. 7640, is amended to read as follows: 37 § 3. The department of environmental conservation[, in consultation38with] and the department of agriculture and markets[,] in consultation 39 with New York state's land grant university[, and state university of40New York college of environmental science and forestry] shall conduct a 41 study to identify practicable and feasible alternatives to the use of 42 pesticides containing the active ingredients clothianidin, imidacloprid, 43 thiamethoxam, dinotefuran or acetamiprid. The results of the study 44 shall be submitted to the governor, the temporary president of the 45 senate and the speaker of the assembly on or before January 1, 2026 and 46 shall be posted on the department's public website. 47 § 5. This act shall take effect on the same date and in the same 48 manner as a chapter of the laws of 2023 amending the environmental 49 conservation law relating to enacting the birds and bees protection act, 50 as proposed in legislative bills numbers S. 1856-A and A. 7640, takes 51 effect.