What's happening
Writing a plain-English summary… Track this bill to get it by email.
Why it matters
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Sponsors
1 Co-sponsor
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S2431
Title of bill
An act to amend the environmental conservation law, in relation to local authority to enact pesticide ordinance
Purpose
This bill would give a municipality limited authority to protect its residents beyond the protection afforded them by State law by authorizing such municipality to regulate and control pesticide use within its boundaries. Thus, for example, if a State law were deemed insufficient in its protection of the health and safety of a certain group of people, the municipality would have the power to enact legislation providing for greater protection of these citizens and their surrounding environment.
Read the full memo (692 words)
Summary of provisions
Section 1 amends the "exclusivity" provision of section 33-0303(1) to enable municipalities to control the use, and notification of use, of pesticides within their boundaries. The Commissioner would still retain jurisdiction in these matters. Municipalities can only enact local ordinances more stringent than the requirements imposed by article 33 under state law.
Section 2 states that this act shall take effect immediately.
Justification
A growing body of research indicates that pesticides have contaminated wells and municipal drinking water systems in New York and other states. In addressing this pressing problem, the U.S. Environmental Protection Agency has recognized the importance of active participation by local governments in the management and regulation of pesticides. (EPA Publication, "Protecting Groundwater: Pesticides and Agricultural Practice 1988".)
The U.S. Supreme Court has also acknowledged the threat that pesticide use poses to municipalities by affirming the right of a municipality to enforce ordinances governing their application. In WISCONSIN PUBLIC INTERVENOR V. MORTIER, (June 21,1991), the Supreme Court upheld an ordinance passed by the Town of Casey, Wisconsin, that required a permit for application of any pesticides to public lands, to private lands subject to public use or for aerial application to private lands. The Supreme Court ruled that the Federal Insecticide, Fungicide and Rodenticide ACT (FIFRA) did not preempt local ordinances regulating pesticides. In interpreting FIFRA and its legislative history, the court concluded that "FIFRA implies a regulatory partnership among federal, state and local government" in the area of pesticide regulation.
WISCONSIN PUBLIC INTERVENOR V. MORTIER, Id. at 2487.
Local governments and residents in New York have expressed a strong interest in exercising greater control over the use of pesticides in their communities and in tailoring the existing laws and regulations to local needs. In New York, however, local ordinances that address
the regulation of pesticides are preempted by state law. In LONG ISLAND PEST CONTROL ASSN., V. TOWN OF HUNTINGTON, 72 Misc. 2d 1031 (1973) (Sup Ct, Suffolk County), the court held that ECL 33-0303 (1), which grants the commissioner exclusive jurisdiction in all matters pertaining to the distribution, sale, use and transportation of pesticides, preempted a town ordinance that purported to establish a Pesticide Control Board with the power to prohibit the sale or use of certain pesticides within the Town of Huntington. It is this "exclusivity" provision that effectively suppresses efforts by localities to regulate pesticides in their areas.
By amending the "exclusivity" provision of section 33-0303( 1), this bill would provide municipalities with the power to control the use, and notification of use, of pesticides within their boundaries. The Commissioner would still retain jurisdiction in these matters, although municipalities would be entitled to enact local ordinances more stringent than the requirements imposed by article 33 or by rules and regulations promulgated thereunder.
Municipalities' regulatory power over pesticide use would not extend to control over registration of pesticides, commercial or purchase permits, or certification of pesticide applicators. Those areas would continue to lie within the exclusive jurisdiction of the Commissioner.
This bill would also give municipalities the opportunity to establish pesticide regulations beyond application notification covered by the current voluntary "opt-in" pesticide notification law.
Several states, including Alaska, California, Illinois, Minnesota and Wisconsin, currently allow localities to establish pesticide notice and permit requirements. With passage of this bill, New York State would join the ranks of enlightened states that are empowering localities to address unique concerns relating to the use of pesticides in their communities.
Legislative history
04/24/09 REFERRED TO ENVIRONMENTAL CONSERVATION 01/06/10 REFERRED TO ENVIRONMENTAL CONSERVATION
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.