Enacts the birds and bees protection act; prohibits the sale of certain pesticides or use of seeds coated with such pesticides; requires the department of environmental conservation to review the latest scientific information concerning certain pesticide active ingredients.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3226
SPONSOR: Glick TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
enacting the birds and bees protection act
SUMMARY OF PROVISIONS:
Section 1 of the bill names this legislation the "birds and bees
protection act."
Section 2 of the bill amends section 33-1301 of the Environmental
Conservation Law adds a new subdivision 13 that would:
* prohibit, starting January 1, 2026, the sale, distribution or purchase
by any person within the state of corn, soybean or wheat seeds coated or
treated with pesticides with the active ingredients clothianidin, imida-
cloprid, thiamethoxam, dinotefuran, or acetamiprid;
* authorize the commissioner to issue a written order after consultation
with the commissioner of agriculture and markets, determining that there
is a lack of commercially available untreated seed or that compliance
would result in undue hardship to agriculture producers;
* prohibit the application or treatment of outdoor ornamental plants and
turf, except for the production of agricultural commodities, with a
pesticide containing:
* the active ingredients imidacloprid, thiamethoxam or acetamiprid on or
after July 1, 2025; and, the active ingredients clothianidin or dinote-
furan effective immediately; unless.
* DEC determines and justifies with a detailed written order that:
* a valid environmental emergency exists;
* the pesticide would be effective in addressing the environmental emer-
gency; and, *no other, less harmful pesticide or pest management prac-
tice would be effective in addressing the environmental emergency;
Section 3 requires DEC to conduct a study to identify practicable and
feasible alternatives to the use of neonicotinoid pesticides with
results submitted to Legislature and Executive on or before January 1,
2025.
Section 4 of the bill establishes the effective date.
JUSTIFICATION:
In June 2020, Cornell University released a state-funded report that
provided a comprehensive risk-benefit analysis of neonicotinoid insecti-
cide use in New York State. The-Cornell Report's findings provided
science-based validation for the approach this legislation takes in
regulating and restricting uses of neonicotinoid insecticides, "which
include clothianidin, imidacloprid, thiamethoxam, and acetamiprid, that
as the Report notes pose a risk to pollinators "due to their high toxic-
ity, systemic activity in plants...and relatively'lengthy persistence in
the environment."
The Cornell Report found that the routine use of neonicotinoid-treated
seeds "does not consistently increase net income for New York field corn
or soybean producers," and "neonicotinoid-treated corn and soybean seeds
do not consistently increase expected net income compared to untreated
seeds," but " at the same time, widespread use of neonicotinoid-treated
seeds incurs risks for insect pollinators." Weighing the risks and
benefits identified in the Cornell Report, this legislation prohibits
the sale, distribution or purchase of certain neonicotinoid-treated
corn, soybean or wheat seeds starting January 1, 2025. The delayed
implementation date of the prohibition is intended to provide requisite
time and notice for the commercial seed marketplace to offer untreated
seed options that comply with the requirements of this legislation.
The bill would also ensure that the State is doing its part to protect
pollinators by prohibiting the use of neonicotinoid insecticides on
ornamental plants and turf, excepting agricultural products and
instances where DEC determines that the use of such insecticides is
necessary to manage, control or prevent invasive species.
PRIOR LEGISLATIVE HISTORY:
2021-22: A.7429 Passed the Assembly
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
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 complete on
or before such date.
STATE OF NEW YORK
________________________________________________________________________
3226
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Environmental Conservation
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:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "birds and bees protection act".
3 § 2. Section 33-1301 of the environmental conservation law is amended
4 by adding a new subdivision 13 to read as follows:
5 13. a. Beginning January first, two thousand twenty-six, for any
6 person to sell, offer for sale or use, or distribute within the state
7 any corn, soybean or wheat seeds coated or treated with pesticides with
8 the active ingredients clothianidin, imidacloprid, thiamethoxam, dinote-
9 furan, or acetamiprid; provided, however, that the commissioner may, by
10 written order, temporarily suspend the provisions of this paragraph at
11 any time based on the commissioner's determination, after consulting
12 with the commissioner of agriculture and markets, that there is a lack
13 of commercially available seed that has not been treated with pesticides
14 with the active ingredients clothianidin, imidacloprid, thiamethoxam,
15 dinotefuran or acetamiprid or the purchase of seed that complies with
16 the requirements of this paragraph would result in undue financial hard-
17 ship to agricultural producers. Any such temporary suspension shall
18 specify the type of seed included.
19 b. (1) No person shall apply or treat outdoor ornamental plants and
20 turf, except for the production of agricultural commodities, with a
21 pesticide containing:
22 (i) the active ingredients imidacloprid, thiamethoxam or acetamiprid
23 on or after July first, two thousand twenty-five;
24 (ii) the active ingredients clothianidin or dinotefuran effective
25 immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02118-02-3
A. 3226 2
1 (2) a. The provisions of this paragraph shall not apply where the
2 commissioner, by written order, determines that:
3 (i) a valid environmental emergency exists;
4 (ii) the pesticide would be effective in addressing the environmental
5 emergency; and
6 (iii) no other, less harmful pesticide or pest management practice
7 would be effective in addressing the environmental emergency.
8 b. Any such order shall include the basis for the commissioner's
9 determination and specify the approved time period, geographic scope,
10 and purpose of the permitted use of such pesticide. An order issued
11 pursuant to this section shall be valid for a period not to exceed one
12 year.
13 c. For the purposes of this subdivision "environmental emergency"
14 means: an occurrence of any pest which presents a significant risk of
15 harm or injury to the environment, or significant harm, injury, or loss
16 to agricultural crops, including, but not limited to, any exotic or
17 foreign pest which may need preventative quarantine measures to avert or
18 prevent that risk, as determined by the department in consultation with
19 the department of agriculture and markets.
20 § 3. The department of environmental conservation, in consultation
21 with the department of agriculture and markets, New York state's land
22 grant university, and state university of New York college of environ-
23 mental science and forestry shall conduct a study to identify practica-
24 ble and feasible alternatives to the use of pesticides containing the
25 active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran
26 or acetamiprid. The results of the study shall be submitted to the
27 governor, the temporary president of the senate and the speaker of the
28 assembly on or before January 1, 2025 and shall be posted on the depart-
29 ment's public website.
30 § 4. This act shall take effect on the ninetieth day after it shall
31 have become a law. Effective immediately, the addition, amendment and/or
32 repeal of any rule or regulation necessary for the implementation of
33 this act on its effective date are authorized to be made and completed
34 on or before such date.
