S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4089
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2019
                                ___________
 
 Introduced by M. of A. ENGLEBRIGHT, COLTON, COOK, L. ROSENTHAL, CARROLL,
   ABINANTI,  OTIS,  LIFTON,  GLICK  --  Multi-Sponsored  by  -- M. of A.
   BARRETT, FAHY, GOTTFRIED, HEVESI, 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.
                                                            LBD07654-01-9
              

 A. 4089                             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.