NY State Senate Bill 2021-S407

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
Jan 05, 2022	referred to agriculture
Jan 06, 2021	referred to agriculture

co-Sponsors

2021-S407 (ACTIVE) - Details

See Assembly Version of this Bill:: A6622
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:: 2019-2020: S6763, A8704
2023-2024: S4053, A6329

2021-S407 (ACTIVE) - 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.

2021-S407 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S407

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/ nyspollinator-
plan.pdf

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

 
PRIOR LEGISLATIVE HISTORY:

2020: S6763A - Died in Agriculture

 
FISCAL IMPLICATIONS:

None.

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

2021-S407 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    407
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD02955-01-1

 S. 407                              2
 
 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 S407

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2021-S407 (ACTIVE) - Details

2021-S407 (ACTIVE) - Summary

2021-S407 (ACTIVE) - Sponsor Memo

2021-S407 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S407

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Jabari Brisport

Brad Hoylman-Sigal

Zellnor Myrie

Julia Salazar

2021-S407 (ACTIVE) - Details

2021-S407 (ACTIVE) - Summary

2021-S407 (ACTIVE) - Sponsor Memo

2021-S407 (ACTIVE) - Bill Text download pdf

Comments