What's happening
This bill bans certain pesticides harmful to pollinators, promotes pollinator-friendly practices, and requires measures to protect birds from building collisions.
Why it matters
Limits the use of several widely-used neonicotinoid and fipronil pesticides. , which have been linked to declines in bee and bird populations, by banning their sale and use (with exceptions for pet care, lice/bedbug, and indoor ant bait products)—potentially reducing environmental contamination and supporting pollinator health.
Requires state agencies to proactively develop pollinator-friendly land management strategies. , encouraging practices such as careful timing of pesticide applications and the planting of vegetation that supports birds and insects, which could benefit New York’s agricultural productivity and biodiversity.
Mandates public education and best practice sharing for reducing bird deaths from human infrastructure. , including distributing information to municipalities about safer lighting on towers and to wind turbine operators about minimizing impacts on migratory birds, which addresses a significant but often overlooked source of avian mortality.
Initiates a statewide review and recommendation process on making buildings safer for birds. , specifically by identifying ways to retrofit or replace dangerous windows and seeking funding for such measures, which could set the stage for future building code improvements to mitigate bird strikes.
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Who cares
Headline styles
Ban Harmful Pesticides for Pollinators
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5816
2019-2020 Regular Sessions
IN SENATE
May 15, 2019
Introduced by Sen. HOYLMAN -- 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 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 Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "birds and bees protection act".
§ 2. Section 33-1301 of the environmental conservation law is amended by adding a new subdivision 12 to read as follows:
12. a. Beginning January first, two thousand twenty-one, a manufacturer shall not sell or offer for sale, any pesticides with the active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran, acetamiprid, thiacloprid, nithiazine, or fipronil within the state.
b. Beginning July first, two thousand twenty-one, a person shall not sell, offer for sale, or use pesticides with the active ingredients clothianidin, imidacloprid, thiamethoxam, dinotefuran, acetamiprid, thiacloprid, nithiazine, or fipronil within the state.
c. By January fifteenth, two thousand twenty-six, the commissioner, in consultation with the commissioner of agriculture and markets, shall report to the legislature on:
(1) the latest published and peer-reviewed evidence on whether use of neonicotinoids and fipronil causes unreasonable adverse effects on honeybees, native insect pollinators, and birds; and
(2) the impacts, costs, and benefits to resuming the use of such insecticides.
d. This subdivision shall not apply to pet care products used to mitigate fleas, mites, ticks, heartworms, or other animals that are harmful to the health of a domesticated animal; personal care products used to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11358-01-9
S. 5816 2
mitigate lice and bedbugs; and, indoor pest control products used to mitigate insects indoors, including ant bait.
§ 3. Section 49-0203 of the environmental conservation law is amended by adding a new subdivision 5 to read as follows:
5. The department shall consider a strategy for the development of pollinator friendly lands including, but not limited to, the planting of vegetation and the use and timing of pesticide applications to protect and promote the health and well-being of pollinators. For the purposes of this subdivision, pollinators shall include birds, bees and other insects that move pollen from one plant to another.
§ 4. Section 11-0305 of the environmental conservation law is amended by adding three new subdivisions 19, 20 and 21 to read as follows:
19. In consultation with the department of state, to develop and distribute to municipal governments a pamphlet on the importance of replacing steady lights on any tower with a flashing light for the purpose of preventing migratory bird mortality. Such pamphlet shall also be made available on the department's and the department of state's websites.
20. In consultation with New York state's land grant university, to develop and distribute to all wind turbine applicants and operators in the state information on migratory bird flight routes and timing including, at a minimum, information on how to minimize negative impacts to migratory birds and their habitats, and current best practices for preventing bird mortalities resulting from impacts with wind turbines. Such information shall also be made available on the department's website.
21. In cooperation with the department of transportation, to make recommendations on the species of plantings, mowing, and the use and timing of pesticide applications on right of ways and parkways.
§ 5. Within twelve months of the effective date of this act, the advisory committees established in section 11-2003 of the environmental conservation law shall issue recommendations to the legislature and the state fire prevention and building code council established pursuant to section 374 of the executive law, regarding window bird strike prevention. Such recommendations shall at minimum include:
(1) measures that could be taken to identify existing and emerging products, technologies, strategies and concepts which can reduce or eliminate bird mortality from building collisions;
(2) criteria for identifying and prioritizing existing buildings and building features which pose the most significant danger for bird collisions; and
(3) potential funding sources to fund the retrofitting and/or replacement of windows.
The advisory committee is authorized to hold hearings to facilitate the development of such recommendations.
§ 6. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that subdivision 12 of section 33-1301 of the environmental conservation law, as added by section two of this act, shall expire and be deemed repealed July 1, 2026. 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 completed on or before such effective 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 enacting the birds and bees protection act; and providing for the repeal of certain provisions upon expiration thereof
Purpose or general idea of bill
The idea of this bill is to prohibit the use of certain active ingredi- ents in pesticides that are known to cause harm to pollinators, and to reduce bird mortality.
Summary of provisions
Section one names this act the "birds and bees protection act."
Read the full memo (639 words)
Section two adds a new subdivision 12 to section 33-1301 of the Environ- mental Conservation Law that would:
*prohibit the sale of any pesticides with the active ingredients cloth- ianidin, imidacloprid, thiamethoxam, dinotefuran, acetamiprid, thiaclo- prid, nithiazine, or fipronil; and,
*require the Department of Environmental Conservation (DEC) Commission- er, in consultation with the Commissioner of the Department of Agricul- ture and Markets, report to the Legislature on any peer-reviewed evidence regarding the effects, impacts, costs, and benefits of neonico- tinoids and fipronil on honeybees, native insect pollinators, and birds.
This subdivision shall not apply to pet care products, personal care products, or indoor pest control products that are used to mitigate fleas, ticks, lice, bedbugs, or other insects.
Section three adds a new subdivision 5 to section 49-0203 of the Envi- ronmental Conservation Law that would require DEC to consider a strategy for the development of pollinator7friendly lands.
Section four adds a new subdivision 19 to section 11-0305 of the Envi- ronmental Conservation Law that would require:
*the Department of State to develop and distribute to municipal govern- ments informational materials on the importance of replacing steady lights on any tower with flashing lights for the purpose of preventing migratory bird mortality;
*the State's Land Grant University to develop and distribute information on migratory bird flight routes and timing to all wind turbine appli- cants and operators in the state that shall include, at a minimum, information on minimizing negative impacts to migratory birds and their habitats, and current best practices for preventing bird collisions with wind turbines; and,
*the Department of Transportation to make recommendations on species of plantings, mowing, and the uge and timing of pesticides on right of ways and parkways.
Section five requires that within twelve months of the effective date, the New York State Bird Conservation Area Advisory Committee issue recommendations to the Legislature and the State Fire Prevention and Building Code Council regarding window bird strike prevention. The Committee has the authority to hold hearings before issuing final recom- mendations.
Recommendations would include:
*measures that could be taken to identify products, technologies, strat- egies and concepts which can reduce or eliminate bird mortality from building collisions;
*criteria for identifying and prioritizing buildings and building features which pose the most significant danger for bird collisions; and,
*potential funding sources for retrofitting and replacement of windows.
Section six is the effective date.
Justification
There is significant evidence to suggest that neonicotinoids and fipro- nil have adverse impacts on insect pollinators, honeybees and birds. This legislation would prohibit the use of such pesticides until a prop- er assessment is made by DEC and the Department of Agriculture and Markets.
The bill also would ensure that the State is doing its part to protect pollinators by planting the proper species, considering the many habi- tats that pollinators depend on, protecting migratory paths, and assess- ing the best practices to prevent bird mortality.
Prior legislative history
2018: A.11093-A - Ordered to 3rd Reading Rules Calendar.
Fiscal implications for state and local governments
Undetermined.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law; provided, however, that subdivision 12 of section 33-1301 of the environmental conservation law, as added by section two of this act, shall expire and be deemed repealed July 1, 2026.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.