S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7315
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2023
                                ___________
 
 Introduced  by  Sen.  CANZONERI-FITZPATRICK  --  read  twice and ordered
   printed, and when printed to be committed to the Committee on Agricul-
   ture
 
 AN ACT to amend the agriculture and markets law, in relation to pollina-
   tor protection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  findings.  The  legislature  finds  that the
 protection of pollinators, including both wild pollinators  and  managed
 bees,  is  of critical importance to the environment and to all agricul-
 tural industries in the state. To address the losses of managed pollina-
 tor colonies observed by beekeepers in the early part of  this  century,
 the department of agriculture and markets and the department of environ-
 mental  conservation  adopted  the  New York state pollinator protection
 plan in June, 2016, with the goal of developing  a  plan  for  New  York
 state  to  protect, conserve and increase pollinators in the state.  The
 New York state pollinator protection  plan  identifies  best  management
 practices,  habitat  enhancement  projects,  research,  and outreach and
 education as critical to reversing declining pollinator populations. The
 plan increases awareness of the health issues challenging the pollinator
 community among all parties that interface  with  pollinators.  The  New
 York  state pollinator protection plan recognizes that the single great-
 est threat to pollinators are the diseases that  currently  exist  among
 the  bee population, and control of those diseases is the best remedy to
 address a decline in pollinator populations. However, the New York state
 pollinator protection plan also outlines better ways of  doing  business
 for  those  entities  engaged  in  activities that can affect pollinator
 viability, as well as ways to enhance and create habitats to support and
 increase New York's pollinator population. The New York state pollinator
 protection plan achieves that goal through the development and recommen-
 dation of best management practices for all sectors of the  agricultural
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09172-01-3
              

 S. 7315                             2
 
 industry  that  manage  and use pollinators, and all other parties whose
 activities may impact pollinators. This legislation will  provide  addi-
 tional  guidance  to  all  parties who may impact pollinators on actions
 that  must  be taken to preserve and protect New York's pollinator popu-
 lation.
   § 2. Article 15-A of the agriculture and  markets  law  is  renumbered
 article 15-B and a new article 15-A is added to read as follows:
                                ARTICLE 15-A
                   POLLINATOR PROTECTION AND MANAGEMENT
 SECTION 175-E. DEFINITIONS.
         175-F.USE OF BEST MANAGEMENT PRACTICES.
         175-G. COMMUNICATION REGARDING POLLINATORS.
         175-H.  BEST  MANAGEMENT  PRACTICES  FOR ELIMINATING INSECTICIDE
                  DUST.
         175-I. PUBLIC ACCESS TO INFORMATION.
         175-J. UPDATING BEST MANAGEMENT PRACTICES.
         175-K. RULES AND REGULATIONS.
   § 175-E. DEFINITIONS. WHEN USED IN THIS ARTICLE:
   1. "POLLINATOR PROTECTION PLAN" SHALL MEAN THE PLAN ENTITLED THE  "NEW
 YORK STATE POLLINATOR PROTECTION PLAN" ADOPTED BY THE DEPARTMENT AND THE
 DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION IN JUNE TWO THOUSAND SIXTEEN,
 AS UPDATED IN JUNE TWO THOUSAND EIGHTEEN, DECEMBER TWO THOUSAND  TWENTY,
 AND FROM TIME TO TIME THEREAFTER.
   2.  "BEST  MANAGEMENT PRACTICES" SHALL MEAN THE METHODS AND TECHNIQUES
 USED TO ACHIEVE A DESIRED OUTCOME IN  AN  EFFICIENT  AND  COST-EFFECTIVE
 MANNER.    BEST MANAGEMENT PRACTICES IN THIS ARTICLE SHALL BE CONSISTENT
 WITH THE BEST MANAGEMENT PRACTICES ADOPTED IN THE POLLINATOR  PROTECTION
 PLAN.
   §  175-F. USE OF BEST MANAGEMENT PRACTICES. BEST MANAGEMENT PRACTICES,
 INCLUDING THOSE PRESCRIBED BY AN  INTEGRATED  PEST  MANAGEMENT  PROGRAM,
 SHALL  BE  USED  BY ALL PARTIES WHOSE ACTIVITIES MAY IMPACT POLLINATORS,
 INCLUDING BUT NOT LIMITED TO BEEKEEPERS, CONTRACT BEEKEEPERS, LANDOWNERS
 AND GROWERS, PESTICIDE USERS AND THE EXECUTIVE AGENCIES OF THE STATE.
   § 175-G. COMMUNICATION REGARDING POLLINATORS.  BEST  MANAGEMENT  PRAC-
 TICES  FOR POLLINATOR PROTECTION SHALL INCLUDE THE DEVELOPMENT OF PROTO-
 COLS TO INCREASE COMMUNICATION BETWEEN BEEKEEPERS, FARMERS AND  GROWERS,
 AND  PESTICIDE  APPLICATORS.  THE COMMUNICATION PROTOCOLS SHALL INCLUDE,
 BUT NOT BE LIMITED TO EDUCATION AND OUTREACH TO BEEKEEPERS, FARMERS  AND
 GROWERS  AND  PESTICIDE  APPLICATORS,  AND THE BEST MANAGEMENT PRACTICES
 SHALL REQUIRE THAT SPECIFIC COMMUNICATIONS BE EMPLOYED TO SHARE INFORMA-
 TION ABOUT POLLINATORS AMONG THOSE PARTIES.
   § 175-H. BEST MANAGEMENT PRACTICES FOR ELIMINATING  INSECTICIDE  DUST.
 ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, THE DEPARTMENT, IN
 CONSULTATION  WITH  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND NEW
 YORK STATE'S LAND GRANT UNIVERSITY, SHALL DEVELOP BEST MANAGEMENT  PRAC-
 TICES  FOR  MINIMIZING  THE AIRBORNE LIBERATION OF INSECTICIDE DUST FROM
 SEEDS COATED OR TREATED WITH AN INSECTICIDE AND MITIGATING  THE  EFFECTS
 OF  SUCH DUST ON POLLINATORS. SUCH BEST PRACTICES SHALL INCLUDE, BUT NOT
 BE LIMITED TO:
   1. METHODS TO MINIMIZE SUCH DUST WHEN TREATED SEEDS ARE DISPENSED FROM
 A SEED BAG INTO SEED PLANTER EQUIPMENT;
   2. GUIDANCE ON THE POSITIONING OF THE VACUUM SYSTEM DISCHARGE OF  SEED
 PLANTER EQUIPMENT TO DIRECT SUCH DISCHARGE TOWARDS THE SOIL;
   3.  TIME FRAMES FOR THE MOWING OF FLOWERING VEGETATION LOCATED NEXT TO
 CROP FIELDS;
 S. 7315                             3
 
   4. IDENTIFICATION OF WEATHER CONDITIONS THAT MINIMIZE  DRIFT  OF  SUCH
 DUST; AND
   5.  SUGGESTIONS FOR THE USE OF SEED LUBRICANTS TO EFFECTIVELY MINIMIZE
 THE DRIFT OF SUCH DUST.
   § 175-I. PUBLIC  ACCESS  TO  INFORMATION.  BEST  MANAGEMENT  PRACTICES
 DEVELOPED  IN  ACCORDANCE  WITH  THIS  ARTICLE SHALL BE AVAILABLE TO THE
 INDIVIDUALS REQUIRED TO USE SUCH BEST MANAGEMENT PRACTICES, AND  TO  THE
 GENERAL  PUBLIC,  ON  THE DEPARTMENT'S WEBSITE WITHIN THIRTY DAYS OF THE
 ADOPTION OF SUCH BEST MANAGEMENT PRACTICES.
   § 175-J. UPDATING BEST MANAGEMENT PRACTICES. IN EVERY  UPDATE  OF  THE
 POLLINATOR  PROTECTION  PLAN, THE PLAN'S BEST MANAGEMENT PRACTICES SHALL
 BE REVIEWED AND UPDATED TO TAKE INTO ACCOUNT NEW RESEARCH  AND  INFORMA-
 TION  ON  POLLINATORS  AND THE EVOLUTION OF NEW STRATEGIES FOR IMPROVING
 POLLINATOR HEALTH. IF THERE IS NO UPDATE OF  THE  POLLINATOR  PROTECTION
 PLAN  IN  A  FIVE-YEAR  PERIOD,  THE  BEST MANAGEMENT PRACTICES SHALL BE
 REVIEWED AND UPDATED IN THE SAME MANNER IN WHICH UPDATES OF THE POLLINA-
 TOR PROTECTION PLAN ARE DEVELOPED. THE COMMISSIONER AND THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION SHALL CONSULT, AS NEEDED,  WITH  NEW  YORK
 STATE'S  LAND  GRANT  UNIVERSITY WHEN UPDATING THE POLLINATOR PROTECTION
 PLAN.
   § 175-K. RULES AND REGULATIONS. THE COMMISSIONER IS HEREBY  AUTHORIZED
 TO ADOPT, PROMULGATE AND ISSUE SUCH RULES AND REGULATIONS AS THE COMMIS-
 SIONER MAY DEEM NECESSARY TO CARRY OUT AND GIVE FULL FORCE AND EFFECT TO
 THE PROVISIONS OF THIS ARTICLE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.