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S1382Senate2017-2018 SessionSame asA9817

Match EPA Pesticide Rules

Official title

“Provides that the regulation of pesticides in New York state shall conform to the standards set by the environmental protection agency; repealer”

Status
In Senate Committee
Environmental Conservation
Impact
8/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Environmental Conservation

What's happening

This bill repeals several state pesticide regulations and aligns New York's pesticide laws and standards with those of the US EPA.

Why it matters

  1. State-level pesticide oversight is significantly reduced. By repealing multiple sections of New York's environmental conservation law, the bill eliminates many state-specific regulations, including those governing the registration, commercial use, purchase, and custom application of pesticides.

  2. Federal EPA rules become the default. The bill requires New York to follow the United States Environmental Protection Agency’s laws, standards, and regulatory decisions. This means any future changes in EPA regulations will automatically apply in New York, reducing the state's ability to set stricter or more tailored standards.

  3. Potential impact on public health and environmental protections. With the removal of state-specific requirements, there could be less rigorous oversight of pesticides in New York. State authorities may lose the ability to quickly respond to local health or environmental concerns related to pesticide use if federal standards are not deemed sufficient.

  4. Economic and regulatory consistency for businesses. Businesses operating in multiple states may benefit from a more uniform set of rules, potentially lowering compliance costs and administrative burdens, as they will only need to follow federal EPA standards rather than navigate additional state-level regulations.

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Who cares

Headline styles

Match EPA Pesticide Rules

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Patrick M. Gallivan

Senator · Senate District 59

Chair, Crime Victims, Crime And Correction

History

  1. Referred to environmental conservation
  2. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9817Assembly

Match EPA Pesticide Standards

In Assembly Committee · Environmental Conservation · Sponsor Kenneth Blankenbush

Impact 7 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1382

2017-2018 Regular Sessions

IN SENATE

January 9, 2017

Introduced by Sens. GALLIVAN, FUNKE, RITCHIE -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to the regulation of pesticides; and to repeal certain provisions of such law relating thereto

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Titles 5, 7, 9, 9-A, 10, 11, 12, 13 and 15 of article 33 of the environmental conservation law are REPEALED.

§ 2. Section 33-0101 of the environmental conservation law is REPEALED and a new section 33-0101 is added to read as follows: § 33-0101. Definitions.

1. "Pesticide" means:

a. Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and

b. Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.

2. "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissue.

3. "Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi.

4. "Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animals which the commissioner shall declare to be a pest.

5. "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

6. "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.

7. "Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00360-02-7

S. 1382 2

may be present in any environment whatsoever, except those on or in living man.

§ 3. Section 33-0103 of the environmental conservation law is REPEALED.

§ 4. Sections 33-0303, 33-0304 and 33-0305 of the environmental conservation law are REPEALED and section 33-0301 is amended to read as follows: § 33-0301. Declaration of policy and purposes.

[The purpose of this article is to regulate the registration, commercial use, purchase and custom application of pesticides.] Pesticides, properly used for the control of insects, fungi, weeds, and nematodes, and as defoliants, desiccants, and plant regulators and for related purposes, are valuable, important and necessary to the welfare, health, economic well-being and productive and industrial capabilities of the people of this state. However, such materials, if improperly used, may injure health, property and wildlife. [It is hereby declared to be a matter of legislative determination that the regulation of the registration, commercial use, purchase and custom application of pesticides is needed in the public interest and that in the exercise of the police power all persons be required to register or obtain permits before engaging in such activities.]

The regulation of pesticides, defoliants, desiccants, fungicides, herbicides, insecticides, and rodenticides in the state shall conform to the laws, standards, and regulations of the United States environmental protection agency and the state shall be bound by decisions and approvals issued thereby.

§ 5. This act shall take effect on the one hundred twentieth 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 on or before such date.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the environmental conservation law, in relation to the regulation of pesticides; and to repeal certain provisions of such law relating thereto

Purpose

The purpose of this article is to regulate the registration, commercial use, purchase and custom application of pesticides.

Summary of provisions

Section 1-4 of this bill repeals titles 5, 7, 9, 9-A, 10, 11, 12, 13, and 15 of article 33 of the environmental conservation law. Added to the law is the definition of pesticide as "any substance or mixture or substances intended for preventing, destroying, repelling, or mitigating any pest; and any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant."

Section 5 of this bill sets forth the effective date.

Justification

Currently, pesticide product registration in New York is the slowest in the nation, which puts New York family farms at a great disadvantage. In addition to gaining EPA approval, all new pesticide products must also gain state approval before they may be used in the State. This prevents farmers from using new, safer, and more environmentally friendly pesticide products that are available and are now being used by competitors in other states.

Legislative history

2015-16: S.542 Referred to Environmental Conservation 2013-14: S.155/A.5318 Referred to Environmental Conservation 2011-12: S.6757/A.7739 Referred to Environmental Conservation

Fiscal implications

Savings to the state through reduced paperwork and labor.

Effective date

This act shall take effect on the 120th day after it shall have become a law, provided, however, that 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 and directed to be made and completed on or before such date.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.