S T A T E O F N E W Y O R K
________________________________________________________________________
1935
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, COLTON, GALEF, KAVANAGH, ROSENTHAL,
SCHIMEL, JAFFEE -- Multi-Sponsored by -- M. of A. BOYLAND, CAHILL,
CURRAN, GLICK, MILLMAN, SWEENEY -- read once and referred to the
Committee on Health
AN ACT to amend the public health law, in relation to breast cancer
research; and 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:
Section 1. Paragraph (e) of subdivision 1 of section 2411 of the
public health law, as amended by chapter 219 of the laws of 1997, is
amended to read as follows:
(e) Solicit, receive, and review applications from public and private
agencies and organizations and qualified research institutions for
grants from the breast cancer research and education fund, created
pursuant to section ninety-seven-yy of the state finance law, to conduct
research or educational programs which focus on the causes, prevention,
screening, treatment and cure of breast cancer and may include, but are
not limited to MAPPING OF BREAST CANCER, AND basic, behavioral, clin-
ical, demographic, environmental, epidemiologic and psychosocial
research. The board shall make recommendations to the commissioner, and
the commissioner shall, in his or her discretion, grant approval of
applications for grants from those applications recommended by the
board. The board shall consult with the Centers for Disease Control and
Prevention, the National Institutes of Health, the Federal Agency For
Health Care Policy and Research, the National Academy of Sciences,
breast cancer advocacy groups, and other organizations or entities which
may be involved in breast cancer research to solicit both information
regarding breast cancer research projects that are currently being
conducted and recommendations for future research projects. As used in
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05891-01-3
A. 1935 2
this section, "qualified research institution" may include academic
medical institutions, state or local government agencies, public or
private organizations within this state, and any other institution
approved by the department, which is conducting a breast cancer research
project or educational program. If a board member submits an application
for a grant from the breast cancer research and education fund, he or
she shall be prohibited from reviewing and making a recommendation on
the application;
S 2. Subdivision 2 of section 33-1201 of the environmental conserva-
tion law, as added by chapter 279 of the laws of 1996, is amended to
read as follows:
2. The commissioner shall prepare an annual report summarizing pesti-
cide sales, quantity of pesticides used, category of applicator and
region of application. PESTICIDE DATA SHALL BE COMPILED AND REPORTED BY
BOTH PRODUCT NAME AND BY ACTIVE INGREDIENT. The commissioner shall not
provide the name, address, or any other information which would other-
wise identify a commercial or private applicator, or any person who
sells or offers for sale restricted use or general use pesticides to a
private applicator, or any person who received the services of a commer-
cial applicator. In accordance with article six of the public officers
law, proprietary information contained within such record, including
price charged per product, shall not be disclosed. The report shall be
submitted to the governor, the temporary president of the senate and the
speaker of the assembly, and shall be made available to all interested
parties. The first report shall be submitted on July first, nineteen
hundred ninety-eight and on [July first] NOVEMBER THIRTIETH annually
thereafter.
S 3. Paragraph a of subdivision 1 of section 33-1203 of the environ-
mental conservation law, as added by chapter 279 of the laws of 1996, is
amended to read as follows:
a. The commissioner shall, upon written request of an interested
party, in printed form or on a diskette in computerized data base
format, provide the information on pesticides submitted to the depart-
ment pursuant to sections 33-1205 and 33-1207 of this title. Such infor-
mation shall be provided by county or counties, or five-digit zip code
or codes as selected by the interested party making the written request.
PESTICIDE DATA SHALL BE PROVIDED BY BOTH PRODUCT NAME AND ACTIVE INGRE-
DIENT. The commissioner shall not provide the name, address, or any
other information which would otherwise identify a commercial or private
applicator, or any person who sells or offers for sale restricted use or
general use pesticides to a private applicator, or any person who
received the services of a commercial applicator. In accordance with
article six of the public officers law, proprietary information
contained within such record, including price charged per product, shall
not be disclosed. The provisions of this paragraph shall not apply to
the provision of pesticide data to the commissioner of health, the
health research science board and researchers pursuant to title one-B of
article twenty-four of the public health law.
S 4. The second undesignated paragraph of subdivision 1 of section
33-1205 of the environmental conservation law, as added by chapter 279
of the laws of 1996, is amended to read as follows:
Such records shall be maintained for a period of not less than three
years. All commercial applicators shall file, at least annually, a
report or reports containing such information with the department [on
computer diskette or in printed form] IN AN ELECTRONIC FORMAT DEVELOPED
BY THE DEPARTMENT CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON
A. 1935 3
SCANNABLE FORMS DEVELOPED BY THE DEPARTMENT on or before February first
for the prior calendar year. All commercial applicators shall also
maintain corresponding records of the dosage rates, methods of applica-
tion and target organisms for each pesticide application. These records
shall be maintained on an annual basis and retained for a period of not
less than three years and shall be available for inspection upon request
by the department.
S 5. The closing paragraph of paragraph a of subdivision 2 of section
33-1205 of the environmental conservation law, as amended by chapter 260
of the laws of 1997, is amended to read as follows:
Every person who sells or offers for sale restricted use pesticides to
private applicators shall file, at least annually, a report or reports
containing such information with the department [on computer diskette or
in printed form] IN AN ELECTRONIC FORMAT DEVELOPED BY THE DEPARTMENT
CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE FORMS DEVEL-
OPED BY THE DEPARTMENT on or before February first for the prior calen-
dar year. The department shall not use the reports filed pursuant to
this paragraph for enforcement purposes.
S 6. Subdivision 2 of section 33-1207 of the environmental conserva-
tion law, as added by chapter 279 of the laws of 1996, is amended to
read as follows:
2. Such records shall be maintained for a period of not less than
three years. All manufacturers and importers shall file an annual
report containing such information with the department [on computer
diskette or in printed form] IN AN ELECTRONIC FORMAT DEVELOPED BY THE
DEPARTMENT CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE
FORMS DEVELOPED BY THE DEPARTMENT on or before February first for the
prior calendar year.
S 7. This act shall take effect on the sixtieth day after it shall
have become a law.