Bill Text: NY S05816 | 2019-2020 | General Assembly | Introduced
Bill Title: Enacts the birds and bees protection act; prohibits the sale of certain pesticides and requires the commissioner of environmental conservation to report on the use of certain pesticides; requires the department of environmental conservation to consider a strategy for the development of pollinator friendly lands; requires the department of environmental conservation to distribute information to protect migratory birds; and requires the department of environmental conservation to make recommendations to the department of transportation on the species of plantings and the application of pesticides.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05816 Detail]
Download: New_York-2019-S05816-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5816 2019-2020 Regular Sessions IN SENATE May 15, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to enacting the birds and bees protection act; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "birds and bees protection act". 3 § 2. Section 33-1301 of the environmental conservation law is amended 4 by adding a new subdivision 12 to read as follows: 5 12. a. Beginning January first, two thousand twenty-one, a manufactur- 6 er shall not sell or offer for sale, any pesticides with the active 7 ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran, 8 acetamiprid, thiacloprid, nithiazine, or fipronil within the state. 9 b. Beginning July first, two thousand twenty-one, a person shall not 10 sell, offer for sale, or use pesticides with the active ingredients 11 clothianidin, imidacloprid, thiamethoxam, dinotefuran, acetamiprid, 12 thiacloprid, nithiazine, or fipronil within the state. 13 c. By January fifteenth, two thousand twenty-six, the commissioner, in 14 consultation with the commissioner of agriculture and markets, shall 15 report to the legislature on: 16 (1) the latest published and peer-reviewed evidence on whether use of 17 neonicotinoids and fipronil causes unreasonable adverse effects on 18 honeybees, native insect pollinators, and birds; and 19 (2) the impacts, costs, and benefits to resuming the use of such 20 insecticides. 21 d. This subdivision shall not apply to pet care products used to miti- 22 gate fleas, mites, ticks, heartworms, or other animals that are harmful 23 to the health of a domesticated animal; personal care products used to EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11358-01-9S. 5816 2 1 mitigate lice and bedbugs; and, indoor pest control products used to 2 mitigate insects indoors, including ant bait. 3 § 3. Section 49-0203 of the environmental conservation law is amended 4 by adding a new subdivision 5 to read as follows: 5 5. The department shall consider a strategy for the development of 6 pollinator friendly lands including, but not limited to, the planting of 7 vegetation and the use and timing of pesticide applications to protect 8 and promote the health and well-being of pollinators. For the purposes 9 of this subdivision, pollinators shall include birds, bees and other 10 insects that move pollen from one plant to another. 11 § 4. Section 11-0305 of the environmental conservation law is amended 12 by adding three new subdivisions 19, 20 and 21 to read as follows: 13 19. In consultation with the department of state, to develop and 14 distribute to municipal governments a pamphlet on the importance of 15 replacing steady lights on any tower with a flashing light for the 16 purpose of preventing migratory bird mortality. Such pamphlet shall also 17 be made available on the department's and the department of state's 18 websites. 19 20. In consultation with New York state's land grant university, to 20 develop and distribute to all wind turbine applicants and operators in 21 the state information on migratory bird flight routes and timing includ- 22 ing, at a minimum, information on how to minimize negative impacts to 23 migratory birds and their habitats, and current best practices for 24 preventing bird mortalities resulting from impacts with wind turbines. 25 Such information shall also be made available on the department's 26 website. 27 21. In cooperation with the department of transportation, to make 28 recommendations on the species of plantings, mowing, and the use and 29 timing of pesticide applications on right of ways and parkways. 30 § 5. Within twelve months of the effective date of this act, the advi- 31 sory committees established in section 11-2003 of the environmental 32 conservation law shall issue recommendations to the legislature and the 33 state fire prevention and building code council established pursuant to 34 section 374 of the executive law, regarding window bird strike 35 prevention. Such recommendations shall at minimum include: 36 (1) measures that could be taken to identify existing and emerging 37 products, technologies, strategies and concepts which can reduce or 38 eliminate bird mortality from building collisions; 39 (2) criteria for identifying and prioritizing existing buildings and 40 building features which pose the most significant danger for bird colli- 41 sions; and 42 (3) potential funding sources to fund the retrofitting and/or replace- 43 ment of windows. 44 The advisory committee is authorized to hold hearings to facilitate 45 the development of such recommendations. 46 § 6. This act shall take effect on the ninetieth day after it shall 47 have become a law; provided, however, that subdivision 12 of section 48 33-1301 of the environmental conservation law, as added by section two 49 of this act, shall expire and be deemed repealed July 1, 2026. Effective 50 immediately, the addition, amendment and/or repeal of any rule or regu- 51 lation necessary for the implementation of this act on its effective 52 date are authorized to be made and completed on or before such effective 53 date.