NY State Senate Bill 2015-S5472A

Senate Bill S5472A

2015-2016 Legislative Session

Institutes a moratorium on the distribution, sale or use of glyphosate until a task force completes a study regarding the safety, alternatives and use of such compound

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 15, 2016	print number 5472a
Jan 15, 2016	amend and recommit to environmental conservation
Jan 06, 2016	referred to environmental conservation
May 14, 2015	referred to environmental conservation

Bill Amendments

Original

A (Active)

2015-S5472 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S127
2019-2020: S223
2021-2022: S1002
2023-2024: S4165

2015-S5472 - Summary

Institutes a moratorium on the distribution, sale or use of glyphosate until a task force completes a study regarding the safety, alternatives and use of such compound.

2015-S5472 - Sponsor Memo

                                BILL NUMBER:S5472

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
instituting a moratorium on the distribution, sale or use of
glyphosate until a task force completes a study regarding the safety,
alternatives and use of such compound

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to place a moratorium on the distribution,
sale, or use of glyphosate or products containing glyphosate in the
state of New York until July 1st, 2020, and establish a task force
within the Department of Environmental Conservation to research and
identify the safety risks associated with glyphosate and determine
whether it is safe for use.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill adds a new section 37-0115 to the environmental
conservation law to provide that no person, firm, partnership,
association, LLC, or corporation shall distribute, sell, offer for
sale, or use glyphosate or products containing glyphosate within New
York state until July first, two thousand twenty.  It also provides
for the establishment, makeup, and duties of a task force within the

Department of Environmental Conservation to study glyphosate's effects
and make recommendations.

Section 2 of the bill provides the effective date.

JUSTIFICATION:

Glyphosate is the most widely used herbicide in the world and is found
in over 750 different products. It is primarily used in agriculture
for crops such as corn and soybeans but is also sprayed in forests, on
roads and in gardens to prevent the growth of weeds. Glyphosate is the
main ingredient in the popular Monsanto weed-killer "Roundup," which
is currently sold in stores throughout New York State.

In March 2015, it was deemed "probably carcinogenic to humans" by the
World Health Organization's International Agency for Research on
Cancer. IARC's analysis drew on studies conducted in the United
States, Canada and Sweden since 2001 and was based on epidemiological,
animal and in vitro studies.

Glyphosate has been detected in the blood and urine of agricultural
workers, indicating it can be absorbed through the body, and has also
been shown to damage DNA and chromosomes in human cells, which can
lead to cancer. Furthermore, a number of studies have found glyphosate
induces a positive trend of tumors in mice and rats.

Glyphosate is also said to be responsible for the precipitous demise
of the population of Danaus plexippus, or the Monarch butterfly.
Earlier this year, the Natural Resources Defense Council filed suit
against the Environmental Protection Agency in U.S. District Court in


New York claiming the agency has failed to heed warnings about the
dangers to monarchs posed by glyphosate.

The lawsuit states that a key reason for the decline of monarchs is
the application of glyphosate to farm fields, resulting in the
destruction of the milkweed habitat that migrating monarchs rely on.
The monarch population was tallied at 1 billion in 1997 and this
winter was down to 56.5 million butterflies, the second-lowest number
ever measured.

Given the mounting evidence to link exposure to glyphosate with
cancer, and the detrimental effect of glyphosate on the monarch
butterfly population, it is prudent to halt its use until we are able
to further study its potential for harm. The goal of this legislation
is to direct a panel of experts to study glyphosate's effects and
protect the public health of New Yorkers in the meantime.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5472 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5472

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

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
  instituting  a  moratorium on the distribution, sale or use of glypho-
  sate until a task force completes a study regarding the safety, alter-
  natives and use of such compound

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The environmental conservation law is amended by adding a
new section 37-0115 to read as follows:
S 37-0115. PROHIBITION AGAINST USE OF GLYPHOSATE.
  1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY OR CORPORATION SHALL DISTRIBUTE, SELL, OFFER FOR SALE OR USE  GLYPHO-
SATE  OR  ANY PRODUCTS CONTAINING GLYPHOSATE WITHIN NEW YORK STATE UNTIL
JULY FIRST, TWO THOUSAND TWENTY.
  2. FOR THE PURPOSE OF THIS SECTION, "GLYPHOSATE" SHALL MEAN A SYNTHET-
IC COMPOUND THAT IS A NON-SELECTIVE SYSTEMIC HERBICIDE,  ALSO  KNOWN  AS
N-(PHOSPHONOMETHYL) GLYCINE WITH A CHEMICAL FORMULA OF C3H8NO5P.
  3.  THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT A GLYPHOSATE TASK
FORCE WHICH SHALL CONSIST OF THE FOLLOWING MEMBERS:
  (A) THE COMMISSIONER OF THE DEPARTMENT, OR THE  COMMISSIONER'S  DESIG-
NEE.
  (B)  THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR SUCH COMMISSION-
ER'S DESIGNEE.
  (C) THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS,  OR
SUCH COMMISSIONER'S DESIGNEE.
  (D)  A  REPRESENTATIVE FROM THE STATE UNIVERSITY OF NEW YORK'S COLLEGE
OF ENVIRONMENTAL SCIENCE AND FORESTRY, APPOINTED BY THE GOVERNOR.
  (E) A REPRESENTATIVE FROM THE NEW YORK FARM BUREAU, APPOINTED  BY  THE
GOVERNOR.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11039-01-5

S. 5472                             2

  (F)  A  REPRESENTATIVE  FROM  THE PESTICIDE INDUSTRY, APPOINTED BY THE
GOVERNOR.
  (G)  A REPRESENTATIVE FROM AN ENVIRONMENTAL ORGANIZATION, APPOINTED BY
THE GOVERNOR.
  4. THE TASK FORCE SHALL:
  (A) RESEARCH AND IDENTIFY ANY HEALTH AND  SAFETY  CONCERNS  ASSOCIATED
WITH THE USE OF GLYPHOSATE.
  (B) IDENTIFY SAFE ALTERNATIVES TO GLYPHOSATE.
  (C) DETERMINE WHETHER THE USE OF GLYPHOSATE SHOULD BE PERMITTED IN THE
STATE.
  (D) IF THE USE OF GLYPHOSATE SHOULD BE PERMITTED, IDENTIFY RECOMMENDED
SAFE PRACTICES ASSOCIATED WITH THE USE OF GLYPHOSATE.
  5.  THE  MEMBERS  OF  THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION,
EXCEPT MEMBERS SHALL BE ALLOWED  THEIR  NECESSARY  AND  ACTUAL  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
  6.  THE MEMBERS OF THE TASK FORCE SHALL SUBMIT A REPORT OF THEIR FIND-
INGS AND RECOMMENDATIONS, INCLUDING ANY  PROPOSED  LEGISLATION,  TO  THE
GOVERNOR AND LEGISLATURE NO LATER THAN JANUARY FIRST, TWO THOUSAND TWEN-
TY.
  7.  THE  GLYPHOSATE TASK FORCE SHALL CEASE TO EXIST ON JUNE THIRTIETH,
TWO THOUSAND TWENTY.
  S 2. This act shall take effect immediately.

2015-S5472A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §37-0115, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S127
2019-2020: S223
2021-2022: S1002
2023-2024: S4165

2015-S5472A (ACTIVE) - Summary

Institutes a moratorium on the distribution, sale or use of glyphosate until a task force completes a study regarding the safety, alternatives and use of such compound.

2015-S5472A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5472A

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
instituting a moratorium on the distribution, sale or use of
glyphosate until a task force completes a study regarding the safety,
alternatives and use of such compound

 PURPOSE OR GENERAL IDEA OF BILL :

The purpose of this bill is to place a moratorium on the distribution,
sale, or use of glyphosate or products containing glyphosate in the
state of New York until July 1st, 2021, and establish a task force
within the Department of Environmental Conservation to research and
identify the safety risks associated with glyphosate and determine
whether it is safe for use.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill adds a new section 37-0115 to the environmental
conservation law to provide that no person, firm, partnership,
association, LLC, or corporation shall distribute, sell, offer for
sale, or use glyphosate or products containing glyphosate within New
York state until July first, two thousand twenty. It also provides for
the establishment, makeup, and duties of a task force within the

Department of Environmental Conservation to study glyphosate's effects
and make recommendations.

Section 2 of the bill provides the effective date.

 JUSTIFICATION :

Glyphosate is the most widely used herbicide in the world and is found
in over 750 different products. It is primarily used in agriculture
for crops such as corn and soybeans but is also sprayed in forests, on
roads and in gardens to prevent the growth of weeds. Glyphosate is the
main ingredient in the popular Monsanto weed-killer "Roundup," which
is currently sold in stores throughout New York State.

In March 2015, it was deemed "probably carcinogenic to humans" by the
World Health Organization's International Agency for Research on
Cancer. IARC's analysis drew on studies conducted in the United
States, Canada and Sweden since 2001 and was based on epidemiological,
animal and in vitro studies.

Glyphosate has been detected in the blood and urine of agricultural
workers, indicating it can be absorbed through the body, and has also
been shown to damage DNA and chromosomes in human cells, which can
lead to cancer. Furthermore, a number of studies have found glyphosate
induces a positive trend of tumors in mice and rats.

Glyphosate is also said to be responsible for the precipitous demise
of the population of Danaus plexippus, or the Monarch butterfly.
Earlier this year, the Natural Resources Defense Council filed suit
against the Environmental Protection Agency in U.S. District Court in
New York claiming the agency has failed to heed warnings about the
dangers to monarchs posed by glyphosate.

The lawsuit states that a key reason for the decline of monarchs is
the application of glyphosate to farm fields, resulting in the
destruction of the milkweed habitat that migrating monarchs rely on.
The monarch population was tallied at 1 billion in 1997 and this
winter was down to 56.5 million butterflies, the second-lowest number
ever measured.

Given the mounting evidence to link exposure to glyphosate with
cancer, and the detrimental effect of glyphosate on the monarch
butterfly population, it is prudent to halt its use until we are able
to further study its potential for harm. The goal of this legislation
is to direct a panel of experts to study glyphosate's effects and
protect the public health of New Yorkers in the meantime.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S5472A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5472--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  instituting a moratorium on the distribution, sale or use  of  glypho-
  sate until a task force completes a study regarding the safety, alter-
  natives and use of such compound

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The environmental conservation law is amended by  adding  a
new section 37-0115 to read as follows:
S 37-0115. PROHIBITION AGAINST USE OF GLYPHOSATE.
  1. NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION, LIMITED LIABILITY COMPA-
NY  OR CORPORATION SHALL DISTRIBUTE, SELL, OFFER FOR SALE OR USE GLYPHO-
SATE OR ANY PRODUCTS CONTAINING GLYPHOSATE WITHIN NEW YORK  STATE  UNTIL
JULY FIRST, TWO THOUSAND TWENTY-ONE.
  2. FOR THE PURPOSE OF THIS SECTION, "GLYPHOSATE" SHALL MEAN A SYNTHET-
IC  COMPOUND  THAT  IS A NON-SELECTIVE SYSTEMIC HERBICIDE, ALSO KNOWN AS
N-(PHOSPHONOMETHYL) GLYCINE WITH A CHEMICAL FORMULA OF C3H8NO5P.
  3. THERE SHALL BE ESTABLISHED WITHIN THE DEPARTMENT A GLYPHOSATE  TASK
FORCE WHICH SHALL CONSIST OF THE FOLLOWING MEMBERS:
  (A)  THE  COMMISSIONER OF THE DEPARTMENT, OR THE COMMISSIONER'S DESIG-
NEE.
  (B) THE COMMISSIONER OF THE DEPARTMENT OF HEALTH, OR SUCH  COMMISSION-
ER'S DESIGNEE.
  (C)  THE COMMISSIONER OF THE DEPARTMENT OF AGRICULTURE AND MARKETS, OR
SUCH COMMISSIONER'S DESIGNEE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11039-02-6

S. 5472--A                          2

  (D) A REPRESENTATIVE FROM THE STATE UNIVERSITY OF NEW  YORK'S  COLLEGE
OF ENVIRONMENTAL SCIENCE AND FORESTRY, APPOINTED BY THE GOVERNOR.
  (E)  A  REPRESENTATIVE FROM THE NEW YORK FARM BUREAU, APPOINTED BY THE
GOVERNOR.
  (F) A REPRESENTATIVE FROM THE PESTICIDE  INDUSTRY,  APPOINTED  BY  THE
GOVERNOR.
  (G)  A REPRESENTATIVE FROM AN ENVIRONMENTAL ORGANIZATION, APPOINTED BY
THE GOVERNOR.
  4. THE TASK FORCE SHALL:
  (A) RESEARCH AND IDENTIFY ANY HEALTH AND  SAFETY  CONCERNS  ASSOCIATED
WITH THE USE OF GLYPHOSATE.
  (B) IDENTIFY SAFE ALTERNATIVES TO GLYPHOSATE.
  (C) DETERMINE WHETHER THE USE OF GLYPHOSATE SHOULD BE PERMITTED IN THE
STATE.
  (D) IF THE USE OF GLYPHOSATE SHOULD BE PERMITTED, IDENTIFY RECOMMENDED
SAFE PRACTICES ASSOCIATED WITH THE USE OF GLYPHOSATE.
  5.  THE  MEMBERS  OF  THE TASK FORCE SHALL SERVE WITHOUT COMPENSATION,
EXCEPT MEMBERS SHALL BE ALLOWED  THEIR  NECESSARY  AND  ACTUAL  EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS SECTION.
  6.  THE MEMBERS OF THE TASK FORCE SHALL SUBMIT A REPORT OF THEIR FIND-
INGS AND RECOMMENDATIONS, INCLUDING ANY  PROPOSED  LEGISLATION,  TO  THE
GOVERNOR AND LEGISLATURE NO LATER THAN JANUARY FIRST, TWO THOUSAND TWEN-
TY-ONE.
  7.  THE  GLYPHOSATE TASK FORCE SHALL CEASE TO EXIST ON JUNE THIRTIETH,
TWO THOUSAND TWENTY-ONE.
  S 2. This act shall take effect immediately.

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