STATE OF NEW YORK ________________________________________________________________________
7639
2019-2020 Regular Sessions
IN ASSEMBLY
May 14, 2019 ___________
Introduced by M. of A. ENGLEBRIGHT, SAYEGH, SIMON, EPSTEIN, COOK, MOSLEY, STECK, D'URSO, JACOBSON, CRUZ, THIELE, HYNDMAN, GALEF, JAFFEE -- read once and referred to the Committee on Environmental Conserva- tion
AN ACT to amend the environmental conservation law, in relation to enacting the birds and bees protection act; and providing for the repeal of certain provisions upon expiration thereof
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 12 to read as follows: 5 12. a. Beginning January first, two thousand twenty-one, a manufactur- 6 er shall not sell or offer for sale, any pesticides with the active 7 ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran, 8 acetamiprid, thiacloprid, nithiazine, or fipronil within the state. 9 b. Beginning July first, two thousand twenty-one, a person shall not 10 sell, offer for sale, or use pesticides with the active ingredients 11 clothianidin, imidacloprid, thiamethoxam, dinotefuran, acetamiprid, 12 thiacloprid, nithiazine, or fipronil within the state. 13 c. By January fifteenth, two thousand twenty-six, the commissioner, in 14 consultation with the commissioner of agriculture and markets, shall 15 report to the legislature on: 16 (1) the latest published and peer-reviewed evidence on whether use of 17 neonicotinoids and fipronil causes unreasonable adverse effects on 18 honeybees, native insect pollinators, and birds; and 19 (2) the impacts, costs, and benefits to resuming the use of such 20 insecticides. 21 d. This subdivision shall not apply to pet care products used to miti- 22 gate fleas, mites, ticks, heartworms, or other animals that are harmful
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11358-01-9
A. 7639 2
1 to the health of a domesticated animal; personal care products used to 2 mitigate lice and bedbugs; and, indoor pest control products used to 3 mitigate insects indoors, including ant bait. 4 § 3. Section 49-0203 of the environmental conservation law is amended 5 by adding a new subdivision 5 to read as follows: 6 5. The department shall consider a strategy for the development of 7 pollinator friendly lands including, but not limited to, the planting of 8 vegetation and the use and timing of pesticide applications to protect 9 and promote the health and well-being of pollinators. For the purposes 10 of this subdivision, pollinators shall include birds, bees and other 11 insects that move pollen from one plant to another. 12 § 4. Section 11-0305 of the environmental conservation law is amended 13 by adding three new subdivisions 19, 20 and 21 to read as follows: 14 19. In consultation with the department of state, to develop and 15 distribute to municipal governments a pamphlet on the importance of 16 replacing steady lights on any tower with a flashing light for the 17 purpose of preventing migratory bird mortality. Such pamphlet shall also 18 be made available on the department's and the department of state's 19 websites. 20 20. In consultation with New York state's land grant university, to 21 develop and distribute to all wind turbine applicants and operators in 22 the state information on migratory bird flight routes and timing includ- 23 ing, at a minimum, information on how to minimize negative impacts to 24 migratory birds and their habitats, and current best practices for 25 preventing bird mortalities resulting from impacts with wind turbines. 26 Such information shall also be made available on the department's 27 website. 28 21. In cooperation with the department of transportation, to make 29 recommendations on the species of plantings, mowing, and the use and 30 timing of pesticide applications on right of ways and parkways. 31 § 5. Within twelve months of the effective date of this act, the advi- 32 sory committees established in section 11-2003 of the environmental 33 conservation law shall issue recommendations to the legislature and the 34 state fire prevention and building code council established pursuant to 35 section 374 of the executive law, regarding window bird strike 36 prevention. Such recommendations shall at minimum include: 37 (1) measures that could be taken to identify existing and emerging 38 products, technologies, strategies and concepts which can reduce or 39 eliminate bird mortality from building collisions; 40 (2) criteria for identifying and prioritizing existing buildings and 41 building features which pose the most significant danger for bird colli- 42 sions; and 43 (3) potential funding sources to fund the retrofitting and/or replace- 44 ment of windows. 45 The advisory committee is authorized to hold hearings to facilitate 46 the development of such recommendations. 47 § 6. This act shall take effect on the ninetieth day after it shall 48 have become a law; provided, however, that subdivision 12 of section 49 33-1301 of the environmental conservation law, as added by section two 50 of this act, shall expire and be deemed repealed July 1, 2026. Effective 51 immediately, the addition, amendment and/or repeal of any rule or regu- 52 lation necessary for the implementation of this act on its effective 53 date are authorized to be made and completed on or before such effective 54 date.