NY State Senate Bill 2019-S6763

Archive: Last Bill Status - In Senate Committee Agriculture 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2020	print number 6763a
Mar 02, 2020	amend and recommit to agriculture
Jan 08, 2020	referred to agriculture
Oct 04, 2019	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S6763 - Details

See Assembly Version of this Bill:: A8704
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add Art 15-B §175-v, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S407, A6622
2023-2024: S4053, A6329

2019-S6763 - Summary

Requires any person including certified and licensed responsible pesticide applicators and commercial pesticide applicators and operators operating in the state to contact the division of plant industry of the department of agriculture and markets by phone at least forty-eight hours in advance of extermination of honey bees to obtain assistance in trying to relocate nuisance honey bee colonies or hanging swarms of honey bees, in lieu of destroying such honey bees; makes related provisions.

2019-S6763 - Sponsor Memo

                                
 
BILL NUMBER: S6763

SPONSOR: BIAGGI
 
TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to the preservation of honey bee colonies

 
PURPOSE OR GENERAL IDEA OF BILL:

To preserve and protect honey bee swarms and colonies from human
threats.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new article 15-B to the Agriculture and Markets Law,
which requires any person in the State to contact the Plant Industry
Division of the Department of Agriculture and Markets at least 24 hours
in advance of exterminating honey bee colonies and/or hanging swarms to
receive assistance in trying to relocate such honey bees.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

As pollinators, honey bees are absolutely vital in sustaining our
ecosystem through their care of crop yields, yet honey bees are vanish-
ing at an alarming rate. Research shows that from 2017 to 2018 beekeep-
ers in New York State alone lost over 40 percent of their honey bee
colonies, providing an immediate risk to our food supplies.* Such devas-
tation to honey bee colonies is especially relevant in New York State,
as we are a leading fruit and vegetable producer.  Accordingly, this is
an issue that has serious and immediate implications from a local to a
global perspective.

While the dramatic loss of honey bee colonies poses an urgent threat to
the livelihood of people everywhere, the economic impact on the State
should not be ignored. In New York State, honey bees are responsible for
pollinating $300 million worth of crops, but in order to manage crop
yields and to make up for colony loss, honey bees are currently being
shipped into the State.

Currently, it is not illegal at the federal, nor state-level to kill
honey bees. Unwanted bee swarms and colonies that pop up around homes
and businesses can be problematic, but there are other steps that can
and should be taken before extermination is settled upon. This bill
provides that a person must contact the Plant Industry Division of the
Department of Agriculture and Markets at least 24 hours in advance of
exterminating honey bee colonies and/or hanging swarms to receive
assistance in trying to relocate such honey bees. A similar law has
already passed in New Jersey**, demonstrating that there is adequate
room to take action at the state-level to curb colony loss and subse-
quently preserve crop yields that are integral to our survival.

*ihttps://www.change.org/p/enact-a-law-in-new-york-to-protect-honey-
bee-swarms-and-coloniesfrom-extermination?response=93a2984ac4418,utm_
source=target&utm_medium=emanutm_campaign=fivethousand

** N.J.A.C. 2:24-6.1

 
PRIOR LEGISLATIVE HISTORY:
None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately.

2019-S6763 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6763
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              October 4, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the agriculture and markets  law,  in  relation  to  the
   preservation of honey bee colonies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The agriculture and markets law is amended by adding a  new
 article 15-B to read as follows:
                               ARTICLE 15-B
                    PRESERVATION OF HONEY BEE COLONIES
 SECTION 175-V. RELOCATING HONEY BEE COLONIES.
   § 175-V. RELOCATING HONEY BEE COLONIES. 1. TO PRESERVE HONEY BEE COLO-
 NIES IN THE STATE, ANY PERSON INCLUDING CERTIFIED AND LICENSED RESPONSI-
 BLE PESTICIDE APPLICATORS AND COMMERCIAL PESTICIDE APPLICATORS AND OPER-
 ATORS  OPERATING  IN  THE  STATE  SHALL  CONTACT  THE  DIVISION OF PLANT
 INDUSTRY OF THE DEPARTMENT  BY  PHONE  AT  LEAST  TWENTY-FOUR  HOURS  IN
 ADVANCE OF EXTERMINATION OF HONEY BEES TO OBTAIN ASSISTANCE IN TRYING TO
 RELOCATE NUISANCE HONEY BEE COLONIES OR HANGING SWARMS OF HONEY BEES, IN
 LIEU  OF  DESTROYING  SUCH HONEY BEES. HONEY BEES SHALL NOT BE DESTROYED
 WITHOUT PRIOR APPROVAL FROM SUCH DIVISION.
   2. IN THE EVENT THE DIVISION OF PLANT INDUSTRY IS NOT  REACHABLE,  ANY
 PERSON  INCLUDING  CERTIFIED AND LICENSED RESPONSIBLE PESTICIDE APPLICA-
 TORS AND COMMERCIAL PESTICIDE APPLICATORS AND OPERATORS SHALL ATTEMPT TO
 CONTACT NO FEWER THAN THREE BEEKEEPERS IDENTIFIED BY THE LOCAL  BEEKEEP-
 ING  ASSOCIATION  FOUND  ON THE DEPARTMENT'S WEBSITE AS SWARM COLLECTORS
 SERVICING THE AFFECTED COUNTY, IN ORDER TO OBTAIN ASSISTANCE IN RELOCAT-
 ING NUISANCE HONEY BEE COLONIES OR HANGING SWARMS BEFORE NUISANCE  HONEY
 BEE COLONIES OR HANGING SWARMS OF HONEY BEES MAY BE DESTROYED.
   §  2.  This  act shall take effect immediately. Effective immediately,
 the addition, amendment and/or repeal of any rule or  regulation  neces-
 sary  for  the  implementation  of  this  act  on its effective date are
 authorized to be made and completed on or before such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13902-02-9

co-Sponsors

2019-S6763A (ACTIVE) - Details

See Assembly Version of this Bill:: A8704
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add Art 15-B §175-v, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S407, A6622
2023-2024: S4053, A6329

2019-S6763A (ACTIVE) - Summary

2019-S6763A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6763A

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to the
preservation of honey bee colonies

 
PURPOSE OR GENERAL IDEA OF BILL:

To preserve and protect honey bee swarms and colonies from human
threats.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 adds a new article 15-B to the Agriculture and Markets Law,
which requires any person in the State to contact the Plant Industry
Division of the Department of Agriculture and Markets at least 48 hours
in advance of exterminating honey bee colonies and/or hanging swarms to
receive assistance in trying to relocate such honey bees, provides an
exemption for swarms that pose an imminent danger to any person.

Section 2 sets forth the effective date.

 
JUSTIFICATION:

As pollinators, honey bees play a critical role in sustaining our
ecosystem and food systems. For New York State, a leading fruit and
vegetable producer, honey bees are especially vital to our economic well
being. Many of New York's largest crops, including apples, cabbage,
berries, and pumpkins, rely significantly on insect pollination, includ-
ing by honeybees.(1)

However, honeybee populations have been declining for decades, including
in New York State. Between 2018-2019, beekeepers in New York State lost
almost 30% of their colonies. While bee colony loss is driven by a
number of factors, it is clear that the trend poses a risk to agricul-
ture and the future health of New York ecosystems.  Unwanted bee swarms
and colonies that pop up around homes and businesses can pose risks both
to humans and native bee populations.  Honey bees are not native to New
York and swarms have a low survival rate in the wild.  According to
Cornell entomologist Tom Seeley, only about 20% of swarms survive. More-
over, honeybees often harbor diseases, some of which they can spread to
native bees, who are also an important pollination source in the state.

This legislation will complement existing state efforts and other
proposals to protect honeybee populations in New York. This bill
provides that a person must contact the Plant Industry Division of the
Department of Agriculture and Markets at least 48 hours in advance of
exterminating honey bee colonies and/or hanging swarms to receive
assistance in trying to relocate such honey bees. The law provides
exemptions for cases where nuisance honeybees pose an imminent risk to
humans, for instance, a swarm near someone with a severe allergy. By
facilitating the relocation of swarms, rather than their extermination,
New York can protect existing bee populations.  Relocated bees can then
be used for hobby beekeeping, honey production, or pollination.

The bill is based on a similar law passed in New Jersey(2).

(1)https://www.dec.ny.govidocsiadministration_pdf/nyspollinatorplan.pdf

(2) N.J.A.C. 2:24-6.1

 
PRIOR LEGISLATIVE HISTORY:  None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect sixty days after it is signed into law.

2019-S6763A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6763--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              October 4, 2019
                                ___________
 
 Introduced  by Sens. BIAGGI, MARTINEZ -- read twice and ordered printed,
   and when printed to be committed to the Committee on Rules  --  recom-
   mitted  to the Committee on Agriculture in accordance with Senate Rule
   6, sec. 8 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 AN  ACT  to  amend  the  agriculture and markets law, in relation to the
   preservation of honey bee colonies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The agriculture and markets law is amended by adding a new
 article 15-B to read as follows:
                               ARTICLE 15-B
                    PRESERVATION OF HONEY BEE COLONIES
 SECTION 175-V. RELOCATING HONEY BEE COLONIES.
   § 175-V. RELOCATING HONEY BEE COLONIES. 1. TO PRESERVE HONEY BEE COLO-
 NIES IN THE STATE, ANY PERSON, INCLUDING CERTIFIED AND LICENSED  RESPON-
 SIBLE  PESTICIDE  APPLICATORS  AND  COMMERCIAL PESTICIDE APPLICATORS AND
 OPERATORS OPERATING IN THE STATE, SHALL CONTACT THE  DIVISION  OF  PLANT
 INDUSTRY  OF  THE  DEPARTMENT  BY  PHONE  AT  LEAST FORTY-EIGHT HOURS IN
 ADVANCE OF EXTERMINATION OF HONEY BEES TO OBTAIN ASSISTANCE IN TRYING TO
 RELOCATE NUISANCE HONEY BEE COLONIES OR HANGING SWARMS OF HONEY BEES, IN
 LIEU OF DESTROYING SUCH HONEY BEES. HONEY BEES SHALL  NOT  BE  DESTROYED
 WITHOUT PRIOR APPROVAL FROM SUCH DIVISION.
   2.  IN  THE EVENT THE DIVISION OF PLANT INDUSTRY IS NOT REACHABLE, ANY
 PERSON, INCLUDING CERTIFIED AND LICENSED RESPONSIBLE PESTICIDE  APPLICA-
 TORS  AND  COMMERCIAL PESTICIDE APPLICATORS AND OPERATORS, SHALL ATTEMPT
 TO CONTACT NO FEWER THAN THREE BEEKEEPERS IDENTIFIED BY THE LOCAL  BEEK-
 EEPING  ASSOCIATION  FOUND  ON THE CORNELL UNIVERSITY'S COLLEGE AGRICUL-
 TURAL AND LIFE SCIENCE'S  WEBSITE  AS  SWARM  COLLECTORS  SERVICING  THE
 AFFECTED  COUNTY,  IN  ORDER TO OBTAIN ASSISTANCE IN RELOCATING NUISANCE
 HONEY BEE COLONIES OR HANGING SWARMS BEFORE NUISANCE HONEY BEE  COLONIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13902-07-0

 S. 6763--A                          2
 
 OR  HANGING SWARMS OF HONEY BEES MAY BE DESTROYED. WHERE THERE ARE FEWER
 THAN THREE BEEKEEPERS LISTED ON SUCH WEBSITE IN  THE  COUNTY  WHERE  THE
 SWARM  OR  NUISANCE  COLONY  IS  LOCATED,  SUCH PERSON SHALL CONTACT ANY
 AVAILABLE BEEKEEPERS ON THE LIST IN SUCH COUNTY.
   3.  WHERE  A  SWARM  POSES AN IMMINENT DANGER TO ANY PERSON OR WHERE A
 BEEKEEPER NEEDS TO USE AN INSECTICIDE WHILE  ATTEMPTING  TO  RELOCATE  A
 SWARM BECAUSE SUCH SWARM IS AGGRESSIVE OR DISEASED, SUCH PERSON SHALL BE
 EXEMPT FROM THE PROVISIONS OF THIS SECTION.
   4.  ANY PERSON, INCLUDING CERTIFIED AND LICENSED RESPONSIBLE PESTICIDE
 APPLICATORS AND COMMERCIAL PESTICIDE APPLICATORS AND OPERATORS OPERATING
 IN THE STATE SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF NEW YORK  IN
 ANY  ACTION OR PROCEEDING ARISING OUT OF THE RELOCATION AND PRESERVATION
 OF HONEY BEES IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.

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Senate Bill S6763

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

co-Sponsors

2019-S6763 - Details

2019-S6763 - Summary

2019-S6763 - Sponsor Memo

2019-S6763 - Bill Text download pdf

co-Sponsors

2019-S6763A (ACTIVE) - Details

2019-S6763A (ACTIVE) - Summary

2019-S6763A (ACTIVE) - Sponsor Memo

2019-S6763A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6763

Share this bill

Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

co-Sponsors

Monica R. Martinez

2019-S6763 - Details

2019-S6763 - Summary

2019-S6763 - Sponsor Memo

2019-S6763 - Bill Text download pdf

co-Sponsors

Monica R. Martinez

2019-S6763A (ACTIVE) - Details

2019-S6763A (ACTIVE) - Summary

2019-S6763A (ACTIVE) - Sponsor Memo

2019-S6763A (ACTIVE) - Bill Text download pdf

Comments