S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11093--A
 
                           I N  A S S E M B L Y
 
                               June 4, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright,
   Glick,  Steck, Thiele, Weprin, L. Rosenthal) -- read once and referred
   to  the  Committee  on  Environmental  Conservation  --  reported  and
   referred  to  the  Committee  on  Codes  -- 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
   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:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "birds and bees protection act".
   §  2. Section 33-1301 of the environmental conservation law is amended
 by adding a new subdivision 12 to read as follows:
   12. A. BEGINNING JANUARY FIRST, TWO THOUSAND  TWENTY,  A  MANUFACTURER
 SHALL  NOT SELL OR OFFER FOR SALE, ANY PESTICIDES WITH THE ACTIVE INGRE-
 DIENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM,  DINOTEFURAN,  ACETAMI-
 PRID, THIACLOPRID, NITHIAZINE, OR FIPRONIL WITHIN THE STATE.
   B. BEGINNING JULY FIRST, TWO THOUSAND TWENTY, A PERSON SHALL NOT SELL,
 OFFER FOR SALE, OR USE PESTICIDES WITH THE ACTIVE INGREDIENTS CLOTHIANI-
 DIN,  IMIDACLOPRID, THIAMETHOXAM, DINOTEFURAN, ACETAMIPRID, THIACLOPRID,
 NITHIAZINE, OR FIPRONIL WITHIN THE STATE.
   C. BY JANUARY FIFTEENTH, TWO THOUSAND TWENTY-FIVE,  THE  COMMISSIONER,
 IN  CONSULTATION WITH THE COMMISSIONER OF AGRICULTURE AND MARKETS, SHALL
 REPORT TO THE LEGISLATURE ON:
   (1) THE LATEST PUBLISHED AND PEER-REVIEWED EVIDENCE ON WHETHER USE  OF
 NEONICOTINOIDS  AND  FIPRONIL  CAUSES  UNREASONABLE  ADVERSE  EFFECTS ON
 HONEYBEES, NATIVE INSECT POLLINATORS, AND BIRDS; AND
   (2) THE IMPACTS, COSTS, AND BENEFITS  TO  RESUMING  THE  USE  OF  SUCH
 INSECTICIDES.
   D. THIS SUBDIVISION SHALL NOT APPLY TO PET CARE PRODUCTS USED TO MITI-
 GATE  FLEAS, MITES, TICKS, HEARTWORMS, OR OTHER ANIMALS THAT ARE HARMFUL
 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.
                                                            LBD16020-04-8

 A. 11093--A                         2
 
 MITIGATE  LICE  AND  BEDBUGS;  AND, INDOOR PEST CONTROL PRODUCTS USED TO
 MITIGATE INSECTS INDOORS, INCLUDING ANT BAIT.
   §  3. Section 49-0203 of the environmental conservation law is amended
 by adding a new subdivision 5 to read as follows:
   5. THE DEPARTMENT SHALL CONSIDER A STRATEGY  FOR  THE  DEVELOPMENT  OF
 POLLINATOR FRIENDLY LANDS INCLUDING, BUT NOT LIMITED TO, THE PLANTING OF
 VEGETATION  AND  THE USE AND TIMING OF PESTICIDE APPLICATIONS TO PROTECT
 AND PROMOTE THE HEALTH AND WELL-BEING OF POLLINATORS. FOR  THE  PURPOSES
 OF  THIS  SUBDIVISION,  POLLINATORS  SHALL INCLUDE BIRDS, BEES AND OTHER
 INSECTS THAT MOVE POLLEN FROM ONE PLANT TO ANOTHER.
   § 4. Section 11-0305 of the environmental conservation law is  amended
 by adding three new subdivisions 19, 20 and 21 to read as follows:
   19.  IN  CONSULTATION  WITH  THE  DEPARTMENT  OF STATE, TO DEVELOP AND
 DISTRIBUTE TO MUNICIPAL GOVERNMENTS A  PAMPHLET  ON  THE  IMPORTANCE  OF
 REPLACING  STEADY  LIGHTS  ON  ANY  TOWER  WITH A FLASHING LIGHT FOR THE
 PURPOSE OF PREVENTING MIGRATORY BIRD MORTALITY. SUCH PAMPHLET SHALL ALSO
 BE MADE AVAILABLE ON THE DEPARTMENT'S  AND  THE  DEPARTMENT  OF  STATE'S
 WEBSITES.
   20.  IN  CONSULTATION  WITH NEW YORK STATE'S LAND GRANT UNIVERSITY, TO
 DEVELOP AND DISTRIBUTE TO ALL WIND TURBINE  OPERATORS  IN  THE  STATE  A
 PAMPHLET ON MIGRATORY BIRD FLIGHT ROUTES AND TIMING. SUCH PAMPHLET SHALL
 ALSO BE MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   21.  IN  COOPERATION  WITH  THE  DEPARTMENT OF TRANSPORTATION, TO MAKE
 RECOMMENDATIONS ON THE SPECIES OF PLANTINGS, MOWING,  AND  THE  USE  AND
 TIMING OF PESTICIDE APPLICATIONS ON RIGHT OF WAYS AND PARKWAYS.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that  subdivision  12  of  section
 33-1301  of  the environmental conservation law, as added by section two
 of this act, shall expire and be deemed repealed July 1, 2025. Effective
 immediately, the addition, amendment and/or repeal of any rule or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized to be made and completed on or before such effective
 date.