NY State Senate Bill 2023-S4053

Current 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 03, 2024	referred to agriculture
Feb 02, 2023	referred to agriculture

co-Sponsors

2023-S4053 (ACTIVE) - Details

See Assembly Version of this Bill:: A6329
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
2021-2022: S407, A6622

2023-S4053 (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.

2023-S4053 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4053

SPONSOR: FERNANDEZ
 
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 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.

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.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S407 / A6622

2020: S6763

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
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.

2023-S4053 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4053
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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.
                                                            LBD08359-01-3
 S. 4053                             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 S4053

Sponsored By

Current Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2023-S4053 (ACTIVE) - Details

2023-S4053 (ACTIVE) - Summary

2023-S4053 (ACTIVE) - Sponsor Memo

2023-S4053 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4053

Share this bill

Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Rachel May

2023-S4053 (ACTIVE) - Details

2023-S4053 (ACTIVE) - Summary

2023-S4053 (ACTIVE) - Sponsor Memo

2023-S4053 (ACTIVE) - Bill Text download pdf

Comments