S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5185
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced  by  M.  of A. ENGLEBRIGHT, COLTON, COOK, ROSENTHAL -- Multi-
   Sponsored by -- M. of A. BARRETT,  FAHY,  GOTTFRIED,  HEVESI,  HIKIND,
   MOYA,  RIVERA, SOLAGES, STECK, THIELE -- read once and referred to the
   Committee on Environmental Conservation
 
 AN ACT 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.   Subdivision 2 of section  33-1201  of  the  environmental
 conservation  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.
   §  2.  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09354-01-7
              

 A. 5185                             2
 
   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.
   §  3.  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
 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.
   § 4. 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.
   § 5. 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.
   § 6. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.