NY State Senate Bill 2021-S8378

Archive: Last Bill Status - Passed Senate & Assembly

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2022	returned to senate passed assembly ordered to third reading cal.620 substituted for a9079b
Jun 02, 2022	referred to codes delivered to assembly passed senate ordered to third reading cal.1859 committee discharged and committed to rules
May 27, 2022	print number 8378c
May 27, 2022	amend (t) and recommit to environmental conservation
May 23, 2022	print number 8378b
May 23, 2022	amend (t) and recommit to environmental conservation
Mar 30, 2022	print number 8378a
Mar 30, 2022	amend and recommit to environmental conservation
Feb 18, 2022	referred to environmental conservation

Votes

- Jun 2, 2022 - Floor Vote
  S8378
  
  51
  
  Aye
  
  12
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 2, 2022
      
      aye (51)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Thomas
      
      Weik
      
      nay (12)
      
      Akshar
      
      Borrello
      
      Gallivan
      
      Griffo
      
      Helming
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Ritchie
      
      Serino
      
      Stec
      
      Tedisco
  Jun 2, 2022 - Rules Committee Vote
  S8378
  
  17
  
  Aye
  
  4
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 2, 2022
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      Parker
      
      Ritchie
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (4)
      
      Gallivan
      
      Griffo
      
      O'Mara
      
      Ortt

Bill Amendments

Original

C (Active)

2021-S8378 - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §24-0513, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S5957, S9379

2021-S8378 - Summary

Prohibits the application of pesticides to certain local freshwater wetlands for local governments that have implemented a freshwater wetlands protection law; provides that any local law or ordinance adopted pursuant to this section shall take effect on the first day of January after it shall have been adopted.

2021-S8378 - Sponsor Memo

                                 
BILL NUMBER: S8378

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the application of pesticides to certain local freshwater
wetlands

 
PURPOSE OR GENERAL IDEA OF BILL:

To amend the environmental conservation law, in relation to prohibiting
the application of pesticides to certain local freshwater wetlands SUMMA

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The environmental conservation law is amended by adding a new
section 24-0513, Local freshwater wetlands pesticide prohibition.

Section 2 sets the effective date.

JUSTIFICATION:

The NYS Department of Environmental Conservation (DEC) estimates that
there are approximately 2.4 million acres of wetlands in New York.  Some
areas, like the Adirondacks and the Lake Plains of western New York
contain more wetlands because there are larger expanses of flat topogra-
phy. Other areas, like the Appalachian Highlands, the Hudson Valley, and
Long Island, contain relatively fewer wetlands.

The DEC has regulatory authority to set minimum limits on the applica-
tions of pesticides within areas designated as wetlands. Until now,
local governments have not been able to expand, create and/or implement
tighter restrictions on the applications of pesticides within their
borders. This bill would enable local governments to increase the
protections to our wetlands by adding further restrictions to prohibit
the application of pesticides to wetlands it regulates. This bill would
not authorize local governments to create laws that would loosen or
relax existing or future regulations promulgated by the DEC.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S8378 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8378
 
                             I N  S E N A T E
 
                             February 18, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the application of pesticides to certain local freshwater
   wetlands
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 24-0513 to read as follows:
 § 24-0513. LOCAL FRESHWATER WETLANDS PESTICIDE PROHIBITION.
   A  LOCAL  GOVERNMENT  THAT  HAS  IMPLEMENTED  A  FRESHWATER   WETLANDS
 PROTECTION  LAW  OR ORDINANCE IN ACCORDANCE WITH SECTION 24-0501 OF THIS
 TITLE MAY ADOPT A LOCAL LAW OR ORDINANCE TO PROHIBIT THE APPLICATION  OF
 PESTICIDES TO WETLANDS IT REGULATES.  ANY LOCAL LAW OR ORDINANCE ADOPTED
 PURSUANT  TO  THIS SECTION SHALL TAKE EFFECT ON THE FIRST DAY OF JANUARY
 AFTER IT SHALL HAVE BEEN ADOPTED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14382-01-2

2021-S8378A - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §24-0513, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S5957, S9379

2021-S8378A - Summary

2021-S8378A - Sponsor Memo

                                 
BILL NUMBER: S8378A

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the application of pesticides to certain local freshwater
wetlands

 
PURPOSE OF BILL:

to amend the environmental conservation law, in relation to prohibiting
the application of pesticides to certain local freshwater wetlands

 
SUMMARY OF PROVISIONS:

Section 1. The environmental conservation law is amended by adding a new
section 24-0513, Local freshwater wetlands pesticide prohibition.

Section 2. Creates a carve-out for municipal entities state entities and
not-for-profit conservation organizations.

Section 3. Sets the effective date.

 
JUSTIFICATION:

The NYS Department of Environmental Conservation (DEC) estimates that
there are approximately 2.4 million acres of wetlands in New York. Some
areas, like the Adirondacks and the Lake Plains of western New York,
contain more wetlands because there are larger expanses of flat topogra-
phy. Other areas, like the Appalachian Highlands, the Hudson Valley, and
Long Island, contain relatively fewer wetlands.

The DEC has regulatory authority to set minimum limits on the applica-
tions of pesticides within areas designated as wetlands. Until now,
local governments have not been able to expand, create and/or implement
tighter restrictions on the applications of pesticides within their
borders.

This bill would enable local governments to increase the protections to
our wetlands by adding further restrictions to prohibit the application
of pesticides to wetlands it regulates.  This bill would not authorize
local governments to create laws that would loosen or relax existing or
future regulations promulgated by the DEC.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall 11 have
become a law.

2021-S8378A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8378--A
 
                             I N  S E N A T E
 
                             February 18, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the application of pesticides to certain local  freshwater
   wetlands
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 24-0513 to read as follows:
 § 24-0513. LOCAL FRESHWATER WETLANDS PESTICIDE PROHIBITION.
   1.  A  LOCAL  GOVERNMENT  THAT  HAS  IMPLEMENTED A FRESHWATER WETLANDS
 PROTECTION LAW OR ORDINANCE IN ACCORDANCE WITH SECTION 24-0501  OF  THIS
 TITLE  MAY ADOPT A LOCAL LAW OR ORDINANCE TO PROHIBIT THE APPLICATION OF
 PESTICIDES TO WETLANDS IT REGULATES.  ANY LOCAL LAW OR ORDINANCE ADOPTED
 PURSUANT TO THIS SECTION SHALL TAKE EFFECT ON THE FIRST DAY  OF  JANUARY
 AFTER IT SHALL HAVE BEEN ADOPTED.
    2.  ANY LOCAL LAW ENACTED PURSUANT TO THIS SECTION SHALL NOT APPLY TO
 ACTIVITIES UNDERTAKEN BY MUNICIPAL ENTITIES, STATE  ENTITIES,  AND  NOT-
 FOR-PROFIT CONSERVATION ORGANIZATIONS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14382-05-2

2021-S8378B - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §24-0513, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S5957, S9379

2021-S8378B - Summary

2021-S8378B - Sponsor Memo

                                 
BILL NUMBER: S8378B

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the application of pesticides to certain local freshwater
wetlands except under certain circumstances

 
PURPOSE A OF BILL:

Prohibits the application of pesticides to certain local freshwater
wetlands

 
SUMMARY OF PROVISIONS:

Section 1. The environmental conservation law is amended by adding a new
section 24-0513, Local freshwater wetlands pesticide prohibition.

Section 2 sets the effective date.

JUSTIFICATION:

The NYS Department of Environmental Conservation (DEC) estimates that
there are approximately 2.4 million acres of wetlands in New York.  Some
areas, like the Adirondacks and the Lake Plains of western New York
contain more wetlands because there are larger expanses of flat topogra-
phy. Other areas, like the Appalachian Highlands, the Hudson Valley, and
Long Island, contain relatively fewer wetlands. The DEC has regulatory
authority to set minimum limits on the applications of pesticides within
areas designated as wetlands. Until now, local governments have not been
able to expand, create and/or implement tighter restrictions on the
applications of pesticides within their borders.

This bill would enable local governments to increase the protections to
our wetlands by adding further restrictions to prohibit the application
of pesticides to wetlands it regulates. This bill would not authorize
local governments to create laws that would loosen or relax existing or
future regulations promulgated by the DEC.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S8378B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8378--B
 
                             I N  S E N A T E
 
                             February 18, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   prohibiting the application of pesticides to certain local  freshwater
   wetlands except under certain circumstances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 24-0513 to read as follows:
 § 24-0513. LOCAL FRESHWATER WETLANDS PESTICIDE PROHIBITION.
   A   LOCAL  GOVERNMENT  THAT  HAS  IMPLEMENTED  A  FRESHWATER  WETLANDS
 PROTECTION LAW OR ORDINANCE IN ACCORDANCE WITH SECTION 24-0501  OF  THIS
 TITLE  MAY ADOPT A LOCAL LAW OR ORDINANCE TO PROHIBIT THE APPLICATION OF
 PESTICIDES TO WETLANDS IT REGULATES; PROVIDED HOWEVER, THAT ANY SUCH LAW
 OR ORDINANCE SHALL NOT PROHIBIT PESTICIDE APPLICATIONS FOR  THE  CONTROL
 OF  INVASIVE  SPECIES  IDENTIFIED PURSUANT TO TITLE SEVENTEEN OF ARTICLE
 NINE OF THIS CHAPTER, PESTS OF  SIGNIFICANT  PUBLIC  HEALTH  IMPORTANCE,
 NOXIOUS  WEEDS  DESIGNATED  BY  THE DEPARTMENT AS INJURIOUS TO ECOSYSTEM
 HEALTH, OR FOR THE PROTECTION OF CRITICAL NATIVE  PLANT  SPECIES.    ANY
 LOCAL  LAW  OR  ORDINANCE  ADOPTED  PURSUANT  TO THIS SECTION SHALL TAKE
 EFFECT ON THE FIRST DAY OF JANUARY AFTER IT SHALL HAVE BEEN ADOPTED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14382-09-2

2021-S8378C (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Add §24-0513, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S5957, S9379

2021-S8378C (ACTIVE) - Summary

2021-S8378C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8378C

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the application of pesticides to certain local freshwater
wetlands

 
PURPOSE OF A BILL:

Prohibits the application of pesticides to certain local freshwater
wetlands

 
SUMMARY OF PROVISIONS:

Section 1. The environmental conservation law is amended by adding a new
section 24-0513, Local freshwater wetlands pesticide prohibition.

Section 2 sets the effective date.

JUSTIFICATION:

The NYS Department of Environmental Conservation (DEC) estimates that
there are approximately 2.4 million acres of wetlands in New York.  Some
areas, like the Adirondacks and the Lake Plains of western New York
contain more wetlands because there are larger expanses of flat topogra-
phy. Other areas, like the Appalachian Highlands, the Hudson Valley, and
Long Island, contain relatively fewer wetlands. The DEC has regulatory
authority to set minimum limits on the applications of pesticides within
areas designated as wetlands. Until now, local governments have not been
able to expand, create and/or implement tighter restrictions on the
applications of pesticides within their borders.

This bill would enable local governments to increase the protections to
our wetlands by adding further restrictions to prohibit the application
of pesticides to wetlands it regulates. This bill would not authorize
local governments to create laws that would loosen or relax existing or
future regulations promulgated by the DEC.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

2021-S8378C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8378--C
 
                             I N  S E N A T E
 
                             February 18, 2022
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said committee
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the application of pesticides to certain local freshwater
   wetlands
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 24-0513 to read as follows:
 § 24-0513. LOCAL FRESHWATER WETLANDS PESTICIDE PROHIBITION.
   A  LOCAL  GOVERNMENT  THAT  HAS  IMPLEMENTED  A  FRESHWATER   WETLANDS
 PROTECTION  LAW  OR ORDINANCE IN ACCORDANCE WITH SECTION 24-0501 OF THIS
 TITLE MAY ADOPT A LOCAL LAW OR ORDINANCE TO PROHIBIT THE APPLICATION  OF
 PESTICIDES  TO  WETLANDS  IT REGULATES; PROVIDED, HOWEVER, THAT ANY SUCH
 LAW OR ORDINANCE SHALL  NOT  PROHIBIT  PESTICIDE  APPLICATIONS  FOR  THE
 CONTROL OF INVASIVE SPECIES IDENTIFIED PURSUANT TO TITLE 17 OF ARTICLE 9
 OF  THIS CHAPTER, PESTS OF SIGNIFICANT PUBLIC HEALTH IMPORTANCE, NOXIOUS
 WEEDS DESIGNATED BY THE DEPARTMENT AS INJURIOUS TO ECOSYSTEM HEALTH,  OR
 FOR  THE  PROTECTION OF CRITICAL NATIVE PLANT SPECIES.  ANY LOCAL LAW OR
 ORDINANCE ADOPTED PURSUANT TO THIS SECTION  SHALL  TAKE  EFFECT  ON  THE
 FIRST DAY OF JANUARY AFTER IT SHALL HAVE BEEN ADOPTED.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14382-10-2

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Senate Bill S8378

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

Jun 2, 2022 - Floor Vote

Floor Vote: Jun 2, 2022

Jun 2, 2022 - Rules Committee Vote

Rules Committee Vote: Jun 2, 2022

Bill Amendments

2021-S8378 - Details

2021-S8378 - Summary

2021-S8378 - Sponsor Memo

2021-S8378 - Bill Text download pdf

2021-S8378A - Details

2021-S8378A - Summary

2021-S8378A - Sponsor Memo

2021-S8378A - Bill Text download pdf

2021-S8378B - Details

2021-S8378B - Summary

2021-S8378B - Sponsor Memo

2021-S8378B - Bill Text download pdf

2021-S8378C (ACTIVE) - Details

2021-S8378C (ACTIVE) - Summary

2021-S8378C (ACTIVE) - Sponsor Memo

2021-S8378C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8378

Share this bill

Sponsored By

Pete Harckham

Archive: Last Bill Status - Passed Senate & Assembly

Bill Amendments

2021-S8378 - Details

2021-S8378 - Summary

2021-S8378 - Sponsor Memo

2021-S8378 - Bill Text download pdf

2021-S8378A - Details

2021-S8378A - Summary

2021-S8378A - Sponsor Memo

2021-S8378A - Bill Text download pdf

2021-S8378B - Details

2021-S8378B - Summary

2021-S8378B - Sponsor Memo

2021-S8378B - Bill Text download pdf

2021-S8378C (ACTIVE) - Details

2021-S8378C (ACTIVE) - Summary

2021-S8378C (ACTIVE) - Sponsor Memo

2021-S8378C (ACTIVE) - Bill Text download pdf

Comments