Assembly Bill A9712

2023-2024 Legislative Session

Prohibits the application of pesticides to certain local freshwater wetlands

download bill text pdf

Sponsored By

Current Bill Status Via S9379 - Delivered to Governor

  • 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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2023-A9712 (ACTIVE) - Details

See Senate Version of this Bill:
S9379
Law Section:
Environmental Conservation Law
Laws Affected:
Add §24-0513, En Con L
Versions Introduced in 2021-2022 Legislative Session:
A9079, S8378

2023-A9712 (ACTIVE) - 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.

2023-A9712 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9712
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by M. of A. BURDICK -- read once and referred to the Commit-
   tee 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.
   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; 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.
   2.  (A)  THE  PROVISIONS  OF  THIS  SECTION  SHALL APPLY ONLY TO THOSE
 WETLANDS WHICH ARE HYDROLOGICALLY CONNECTED TO ANY RESERVOIR,  RESERVOIR
 STEM, CLASS A WATERWAY OR OTHER SOURCE OF PUBLIC WATER SUPPLY.
   (B)  THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT
 OR LIMIT THE USE OR APPLICATION OF PESTICIDES IN CONNECTION WITH COMMER-
 CIAL AGRICULTURAL ACTIVITIES NOR TO CONTRADICT ANY OTHER  PROVISIONS  OF
 THIS CHAPTER RELATING TO SUCH USE.
   3.  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.
                                                            LBD09966-02-4

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