S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7781
 
                             I N  S E N A T E
 
                             January 11, 2022
                                ___________
 
 Introduced  by Sen. KAMINSKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   compilation  of data on pesticides; and to amend a chapter of the laws
   of 2021 amending the environmental conservation law relating to compi-
   lation of data on pesticides, as proposed in legislative bills numbers
   S. 4596 and A. 4596, in relation to the effectiveness thereof
 
   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 amended by a chapter of the laws of  2021  amending
 the  environmental  conservation  law relating to compilation of data on
 pesticides, as proposed in legislative bills  numbers  S.  4596  and  A.
 4596, 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] EPA REGISTRATION NUMBER and  by  active  ingredient.
 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 report shall be POSTED ON THE DEPARTMENT'S WEBSITE
 ANNUALLY BY DECEMBER THIRTY-FIRST AND 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
 November thirtieth annually thereafter].
   § 2. Paragraph a of subdivision 1 of section 33-1203 of  the  environ-
 mental  conservation  law,  as  amended by a chapter of the laws of 2021
 amending the environmental conservation law relating to  compilation  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08606-03-2
 S. 7781                             2
 
 data on pesticides, as proposed in legislative bills numbers S. 4596 and
 A. 4596, is amended to read as follows:
   a.  The  commissioner  shall,  upon  written  request of an interested
 party, in printed or electronic form, as requested by such party provide
 the information on pesticides submitted to the  department  pursuant  to
 sections  33-1205  and  33-1207 of this title. Such information 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] EPA REGISTRATION NUMBER,  product  name
 and  active  ingredient.    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 amended by  a  chapter
 of the laws of 2021 amending the environmental conservation law relating
 to  compilation  of data on pesticides, as proposed in legislative bills
 numbers S. 4596 and A. 4596, 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 in  an
 electronic  format  developed  OR  ACCEPTED by the department consistent
 with system file specifications or on scannable forms, IF  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 application 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  a  chapter
 of the laws of 2021 amending the environmental conservation law relating
 to  compilation  of data on pesticides, as proposed in legislative bills
 numbers S. 4596 and A. 4596, 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 in an electronic format
 developed OR ACCEPTED by the  department  consistent  with  system  file
 specifications or on scannable forms, IF developed by the department, on
 or  before  February  first  for the prior calendar year. The department
 shall not use the reports filed pursuant to this paragraph for  enforce-
 ment purposes.
   §  5.  Subdivision 2 of section 33-1207 of the environmental conserva-
 tion law, as amended by a chapter of the laws of 2021 amending the envi-
 ronmental conservation law relating to compilation  of  data  on  pesti-
 cides,  as proposed in legislative bills numbers S. 4596 and A. 4596, 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
 S. 7781                             3
 
 containing  such information with the department in an electronic format
 developed OR ACCEPTED 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. Section 6 of a chapter of the laws of 2021 amending the environ-
 mental conservation law relating to compilation of data  on  pesticides,
 as proposed in legislative bills numbers S. 4596 and A. 4596, is amended
 to read as follows:
   §  6.  This act shall take effect on the [sixtieth] ONE HUNDRED EIGHT-
 IETH day after it shall have become a law.
   § 7. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the  laws of 2021 amending the environmental
 conservation law relating to  compilation  of  data  on  pesticides,  as
 proposed in legislative bills numbers S. 4596 and A. 4596, takes effect.