S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7429--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced  by  M.  of A. ENGLEBRIGHT, GRIFFIN, BURDICK, THIELE, PAULIN,
   EPSTEIN, BARNWELL, SIMON,  FORREST,  GOTTFRIED,  STECK,  L. ROSENTHAL,
   DICKENS, JACKSON, DINOWITZ, OTIS, SILLITTI, GLICK, ZINERMAN, JACOBSON,
   COLTON,  STERN,  NIOU,  KELLES,  GALLAGHER,  FAHY, RAJKUMAR, ABINANTI,
   MAMDANI, GONZALEZ-ROJAS, CYMBROWITZ, ANDERSON, LAVINE, REYES,  BURGOS,
   CARROLL,  SEAWRIGHT,  PHEFFER AMATO  --  read once and referred to the
   Committee on Environmental Conservation -- recommitted to the  Commit-
   tee  on Environmental Conservation in accordance with Assembly Rule 3,
   sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the birds and bees protection act
 
   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 13 to read as follows:
   13.  A.  BEGINNING  JANUARY  FIRST,  TWO THOUSAND TWENTY-FIVE, FOR ANY
 PERSON TO SELL, OFFER FOR SALE OR USE, OR DISTRIBUTE  WITHIN  THE  STATE
 ANY  CORN, SOYBEAN OR WHEAT SEEDS COATED OR TREATED WITH PESTICIDES WITH
 THE ACTIVE INGREDIENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM, DINOTE-
 FURAN, OR ACETAMIPRID; PROVIDED, HOWEVER,  THAT  THE  GOVERNOR  MAY,  BY
 ISSUING  AN  EXECUTIVE ORDER, TEMPORARILY SUSPEND THE PROVISIONS OF THIS
 PARAGRAPH AT ANY TIME  BASED  ON  THE  GOVERNOR'S  DETERMINATION,  AFTER
 CONSULTING  WITH  THE  COMMISSIONERS  OF AGRICULTURE AND MARKETS AND THE
 DEPARTMENT, THAT THERE IS A LACK OF COMMERCIALLY AVAILABLE SEED THAT HAS
 NOT BEEN TREATED WITH THE ACTIVE INGREDIENTS CLOTHIANIDIN, IMIDACLOPRID,
 THIAMETHOXAM, DINOTEFURAN OR ACETAMIPRID OR THE PURCHASE  OF  SEED  THAT
 COMPLIES  WITH  THE REQUIREMENTS OF THIS PARAGRAPH WOULD RESULT IN UNDUE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02576-10-2
 A. 7429--A                          2
              

 
 FINANCIAL HARDSHIP  TO  AGRICULTURAL  PRODUCERS.    ANY  SUCH  TEMPORARY
 SUSPENSION SHALL SPECIFY THE TYPE OF SEED INCLUDED.
   B.  (1)  NO  PERSON SHALL APPLY OR TREAT OUTDOOR ORNAMENTAL PLANTS AND
 TURF, EXCEPT FOR THE PRODUCTION  OF  AGRICULTURAL  COMMODITIES,  WITH  A
 PESTICIDE CONTAINING:
   (I)  THE  ACTIVE INGREDIENTS IMIDACLOPRID, THIAMETHOXAM OR ACETAMIPRID
 ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-FOUR;
   (II) THE ACTIVE  INGREDIENTS  CLOTHIANIDIN  OR  DINOTEFURAN  EFFECTIVE
 IMMEDIATELY.
   (2)  A.  THE  PROVISIONS  OF  THIS PARAGRAPH SHALL NOT APPLY WHERE THE
 COMMISSIONER, IN CONSULTATION WITH THE  DEPARTMENT  OF  AGRICULTURE  AND
 MARKETS, BY WRITTEN ORDER, DETERMINES THAT:
   (I) A VALID ENVIRONMENTAL EMERGENCY EXISTS;
   (II)  THE PESTICIDE WOULD BE EFFECTIVE IN ADDRESSING THE ENVIRONMENTAL
 EMERGENCY; AND
   (III) NO OTHER, LESS HARMFUL PESTICIDE  OR  PEST  MANAGEMENT  PRACTICE
 WOULD BE EFFECTIVE IN ADDRESSING THE ENVIRONMENTAL EMERGENCY.
   B.  ANY  SUCH  ORDER  SHALL  INCLUDE  THE BASIS FOR THE COMMISSIONER'S
 DETERMINATION AND SPECIFY THE APPROVED TIME  PERIOD,  GEOGRAPHIC  SCOPE,
 AND  PURPOSE  OF  THE   PERMITTED USE OF SUCH PESTICIDE. AN ORDER ISSUED
 PURSUANT TO THIS SECTION SHALL BE VALID FOR A PERIOD NOT TO  EXCEED  SIX
 MONTHS.
   C.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION "ENVIRONMENTAL EMERGENCY"
 MEANS:  AN OCCURRENCE OF ANY  PEST WHICH PRESENTS A SIGNIFICANT RISK  OF
 HARM OR INJURY TO THE  ENVIRONMENT, OR SIGNIFICANT HARM, INJURY, OR LOSS
 TO  AGRICULTURAL  CROPS,    INCLUDING, BUT NOT LIMITED TO, ANY EXOTIC OR
 FOREIGN PEST WHICH MAY NEED PREVENTATIVE QUARANTINE MEASURES TO AVERT OR
 PREVENT THAT RISK, AS DETERMINED BY THE DEPARTMENT IN CONSULTATION  WITH
 THE DEPARTMENT OF AGRICULTURE AND MARKETS.
   §  3.  The  department  of environmental conservation, in consultation
 with the department of agriculture and markets, New  York  state's  land
 grant  university,  and state university of New York college of environ-
 mental science and forestry shall conduct a study to identify  practica-
 ble  and  feasible  alternatives to the use of pesticides containing the
 active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran
 or acetamiprid.  The results of the study  shall  be  submitted  to  the
 governor,  the  temporary president of the senate and the speaker of the
 assembly on or before January 1, 2023 and shall be posted on the depart-
 ment's public website.
   § 4. This act shall take effect on the ninetieth 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 date.