BILL NUMBER: S9379

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 allow local governments to adopt laws which prohibit the application
of pesticides to local freshwater wetlands.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill amends the environmental conservation law by
adding a new section 24-0513.

Subdivision 1 of section 24-0513 allows local governments which have
implemented a freshwater wetlands protection law or ordinance to adopt a
local law or ordinance prohibiting the application of pesticides to
              

wetlands, provided that such laws allow for the use of pesticides for
the control of invasive species, pests of significant public health
importance, or noxious weeds; or for the protection of critical native
plant species.

Subdivision 2 of section 24-0513 limits the provisions of this section
to wetlands which are hydrologically connected to a source of public
water supply.

Subdivision 3 of sec ion 24-0513 establishes a timeline for the effec-
tive date of any local law or ordinance adopted pursuant to this
section.

Section 2 of this bill establishes 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.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

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