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: A7429A
SPONSOR: Englebright TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
enacting the birds and bees protection act
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prohibit the use of certain active ingre-
dients in pesticides that are known to cause harm to pollinators.
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, 2025, 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 Governor, after consultation with the Department of Envi-
ronmental' Conservation (DEC) and the Department of Agriculture &
Markets (DAM), to issue an executive order 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, 2024; and,
*the active ingredients clothianidin or dinotefuran effective immediate-
ly; unless.
*DEC, in consultation with DAM, determines and justifies with a detailed
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 practice would be
effective in addressing the environmental emergency;
*require DEC, in consultation with DAM and SUNY ESF to conduct a study
to identify practicable and feasible alternatives to the use of neonico-
tinoid pesticides with results submitted to Legislature and Executive on
or before January 1, 2023.
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: A.7429 (Englebright) - referred to Environmental Conservation.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
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
________________________________________________________________________
7429--A
2021-2022 Regular Sessions
IN ASSEMBLY
May 7, 2021
___________
Introduced by M. of A. ENGLEBRIGHT, GRIFFIN, BURDICK, THIELE, PAULIN,
EPSTEIN, BARNWELL, SIMON, FORREST, GOTTFRIED, STECK, L. ROSENTHAL,
DICKENS, JACKSON, DINOWITZ, OTIS, SILLITTI, GLICK, ZINERMAN, JACOBSON,
COLTON, STERN, NIOU, KELLES, GALLAGHER, FAHY, RAJKUMAR, ABINANTI,
MAMDANI, GONZALEZ-ROJAS, CYMBROWITZ, ANDERSON, LAVINE, REYES, BURGOS,
CARROLL, SEAWRIGHT, PHEFFER AMATO -- read once and referred to the
Committee on Environmental Conservation -- recommitted to the Commit-
tee on Environmental Conservation in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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-five, 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 governor may, by
10 issuing an executive order, temporarily suspend the provisions of this
11 paragraph at any time based on the governor's determination, after
12 consulting with the commissioners of agriculture and markets and the
13 department, that there is a lack of commercially available seed that has
14 not been treated with the active ingredients clothianidin, imidacloprid,
15 thiamethoxam, dinotefuran or acetamiprid or the purchase of seed that
16 complies with the requirements of this paragraph would result in undue
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02576-10-2
A. 7429--A 2
1 financial hardship to agricultural producers. Any such temporary
2 suspension shall specify the type of seed included.
3 b. (1) No person shall apply or treat outdoor ornamental plants and
4 turf, except for the production of agricultural commodities, with a
5 pesticide containing:
6 (i) the active ingredients imidacloprid, thiamethoxam or acetamiprid
7 on or after July first, two thousand twenty-four;
8 (ii) the active ingredients clothianidin or dinotefuran effective
9 immediately.
10 (2) a. The provisions of this paragraph shall not apply where the
11 commissioner, in consultation with the department of agriculture and
12 markets, by written order, determines that:
13 (i) a valid environmental emergency exists;
14 (ii) the pesticide would be effective in addressing the environmental
15 emergency; and
16 (iii) no other, less harmful pesticide or pest management practice
17 would be effective in addressing the environmental emergency.
18 b. Any such order shall include the basis for the commissioner's
19 determination and specify the approved time period, geographic scope,
20 and purpose of the permitted use of such pesticide. An order issued
21 pursuant to this section shall be valid for a period not to exceed six
22 months.
23 c. For the purposes of this subdivision "environmental emergency"
24 means: an occurrence of any pest which presents a significant risk of
25 harm or injury to the environment, or significant harm, injury, or loss
26 to agricultural crops, including, but not limited to, any exotic or
27 foreign pest which may need preventative quarantine measures to avert or
28 prevent that risk, as determined by the department in consultation with
29 the department of agriculture and markets.
30 § 3. The department of environmental conservation, in consultation
31 with the department of agriculture and markets, New York state's land
32 grant university, and state university of New York college of environ-
33 mental science and forestry shall conduct a study to identify practica-
34 ble and feasible alternatives to the use of pesticides containing the
35 active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran
36 or acetamiprid. The results of the study shall be submitted to the
37 governor, the temporary president of the senate and the speaker of the
38 assembly on or before January 1, 2023 and shall be posted on the depart-
39 ment's public website.
40 § 4. This act shall take effect on the ninetieth day after it shall
41 have become a law. Effective immediately, the addition, amendment and/or
42 repeal of any rule or regulation necessary for the implementation of
43 this act on its effective date are authorized to be made and completed
44 on or before such date.
