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.
                                                                   LBD11358-01-9

        S. 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.
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