S T A T E   O F   N E W   Y O R K
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                                  1856--A
     Cal. No. 1135
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by  Sens. HOYLMAN-SIGAL, ADDABBO, BAILEY, BRESLIN, BRISPORT,
   BROUK, CLEARE, COMRIE, FERNANDEZ, GONZALEZ, GOUNARDES, HARCKHAM, JACK-
   SON, KAVANAGH, KENNEDY, KRUEGER,  LIU,  MAYER,  MYRIE,  RIVERA,  RYAN,
   SALAZAR,  SANDERS,  SEPULVEDA,  SERRANO,  STAVISKY  --  read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental  Conservation -- reported favorably from said committee,
   ordered to first and second report, amended on second report,  ordered
   to  a  third  reading,  and  to be reprinted as amended, retaining its
   place in the order of third reading
 
 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-SEVEN,  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 COMMISSIONER MAY, BY
 WRITTEN ORDER, TEMPORARILY SUSPEND THE PROVISIONS OF THIS  PARAGRAPH  AT
 ANY  TIME  BASED  ON  THE COMMISSIONER'S DETERMINATION, AFTER CONSULTING
 WITH THE COMMISSIONER OF AGRICULTURE  AND  MARKETS,  THAT  THERE  IS  AN
 INSUFFICIENT  AMOUNT OF COMMERCIALLY AVAILABLE SEED TO ADEQUATELY SUPPLY
 THE AGRICULTURE MARKET THAT HAS NOT BEEN TREATED  WITH  PESTICIDES  WITH
 THE ACTIVE INGREDIENTS CLOTHIANIDIN, IMIDACLOPRID, THIAMETHOXAM, DINOTE-
 FURAN  OR  ACETAMIPRID  OR  THE  PURCHASE OF SEED THAT COMPLIES WITH THE
 REQUIREMENTS OF THIS PARAGRAPH WOULD RESULT IN UNDUE FINANCIAL  HARDSHIP
 TO  AGRICULTURAL PRODUCERS.   THE COMMISSIONER, IN CONSULTATION WITH THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02118-05-3
 S. 1856--A                          2
 
 COMMISSIONER OF AGRICULTURE AND  MARKETS,  SHALL  PUBLISH  SUCH  WRITTEN
 ORDER  ON OR BEFORE OCTOBER FIRST NEXT SUCCEEDING THE DATE UPON WHICH IT
 SHALL BECOME LAW AND REEVALUATE ANY  SUCH  DETERMINATION  ON  AN  ANNUAL
 BASIS.  BY  OCTOBER FIRST OF EACH YEAR, THE COMMISSIONER SHALL PUBLISH A
 WRITTEN DIRECTIVE A S TO WHETHER THERE SHALL BE SUCH  TEMPORARY  SUSPEN-
 SION FOR THE FORTHCOMING YEAR. ANY SUCH TEMPORARY SUSPENSION SHALL SPEC-
 IFY THE TYPE OF SEED INCLUDED AND SHALL APPLY FOR ONE CALENDAR YEAR.
   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-FIVE;
   (II) THE ACTIVE  INGREDIENTS  CLOTHIANIDIN  OR  DINOTEFURAN  EFFECTIVE
 IMMEDIATELY.
   (2)  A.  THE  PROVISIONS  OF  THIS PARAGRAPH SHALL NOT APPLY WHERE THE
 COMMISSIONER, 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 ONE
 YEAR.
   (3) THE PROVISIONS OF THIS PARAGRAPH  SHALL  NOT  APPLY  TO  PESTICIDE
 APPLICATIONS BY, OR UNDER THE SUPERVISION OF, A CERTIFIED APPLICATOR FOR
 TREATMENT AGAINST INVASIVE SPECIES IN WOODY PLANTS.
   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, 2026 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 effective date.