S4522B-2011: Relates to exempting minimum risk pesticides from pesticide applicator certification requirements


Same as: A7706B-2011 / Versions: S4522-2011 S4522A-2011 S4522B-2011
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Relates to exempting minimal risk pesticides from pesticide applicator certification requirements.
Sponsor: GRISANTI / Co-sponsor(s): DEFRANCISCO, MAZIARZ
Law Section: Environmental Conservation Law / Law: Amd S33-0905, En Con L

S4522B-2011 Actions

S4522B-2011 Calendars

Active List: Jun 18, 2012 , Floor Calendar: Jun 12, 2012 , Floor Calendar: Jun 13, 2012 , Floor Calendar: Jun 14, 2012 , Floor Calendar: Jun 18, 2012

S4522B-2011 Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - May 3, 2011

Ayes (11): Grisanti, Johnson, Little, Marcellino, Maziarz, O'Mara, Young, Avella, Perkins, Serrano, Stewart-Cousins
Ayes W/R (1): LaValle
Nays (1): Espaillat
Excused (1): Oppenheimer
VOTE: COMMITTEE VOTE: - Environmental Conservation - Jun 5, 2012

Ayes (8): Grisanti, Johnson, Little, Marcellino, Maziarz, O'Mara, Young, Stewart-Cousins
Ayes W/R (4): LaValle, Avella, Espaillat, Oppenheimer
Nays (2): Perkins, Serrano
VOTE: FLOOR VOTE: - Jun 18, 2012

Ayes (39): Addabbo, Bonacic, Carlucci, DeFrancisco, Diaz, Dilan, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Johnson, Klein, Lanza, Larkin, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Seward, Skelos, Smith, Storobin, Valesky, Young, Zeldin
Nays (17): Avella, Ball, Breslin, Duane, Gianaris, Hassell-Thomps, Kennedy, Krueger, LaValle, Oppenheimer, Parker, Peralta, Rivera, Serrano, Squadron, Stavisky, Stewart-Cousin
Excused (6): Adams, Alesi, Espaillat, Huntley, O'Mara, Perkins

S4522B-2011 Memo

BILL NUMBER:S4522B

TITLE OF BILL:
An act to amend the environmental conservation law, in relation to mini-
mum risk pesticides

PURPOSE OR GENERAL IDEA OF BILL:
This legislation allows the commissioner the authority to adopt regu-
lations pursuant to pesticides classified as a minimum risk pesticides
as defined by the EPA.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill would authorize the commissioner to promulgate
rules and regulations as related to minimal risk pesticides.
Section 2 is the effective date.

JUSTIFICATION:
The Environmental Conservation Law (ECL) requires all commercial appli-
cations of pesticides to be conducted by a certified applicator, regard-
less of whether the pesticides are safe for the environment. This
imposes an unnecessary burden on producers and commercial applicators of
environmentally safe products.

The United States Environmental Protection Agency (USEPA) defines
certain pesticides as "minimal risk pesticides" because their ingredi-
ents, both active and inert, are demonstrably safe for the intended use.
As such, they are exempt from USEPA registration under FIFRA Section
25(b). The Department has held a long-standing policy that pesticides
exempt from registration by USEPA do not have to be registered in New
York state. This legislation would further exempt minimal risk pesti-
cides from the certification requirements provided in ECL 33-905. Doing
so will promote the commercial use of environmentally safe products.

PRIOR LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect 120 days.

S4522B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
4522--B
Cal. No. 1040 2011-2012 Regular Sessions I N SENATE April 8, 2011
Introduced by Sens. GRISANTI, DeFRANCISCO, MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- recommitted to the Committee on Environ mental Conservation in accordance with Senate Rule 6, sec. 8 - committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said commit tee, ordered to first and second report, amended on second report, ordered to a third reading, and to be reprinted as amended, retaining its place in the order of third reading

AN ACT to amend the environmental conservation law, in relation to mini mum risk pesticides THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM BLY, DO ENACT AS FOLLOWS:


Section 1.

Section 33-0905 of the environmental conservation law is amended by adding a new subdivision 2-a to read as follows:
2-A. THE COMMISSIONER MAY, PURSUANT TO PARAGRAPH E OF SUBDIVISION THREE OF SECTION 33-0303 OF THIS ARTICLE, ADOPT REGULATIONS ON THE USE OF PESTICIDES INCLUDING THE APPROPRIATE METHOD AND SETTING FOR THE USE OF PESTICIDES CLASSIFIED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY AS AN EXEMPT MATERIAL UNDER 40 CFR PART 152.25, OFTEN CALLED MINIMUM RISK PESTICIDES, WHICH ARE EXEMPT FROM THE REQUIREMENTS OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT. SUCH REGULATIONS SHALL ENCOMPASS ALL FACTORS NECESSARY TO PREVENT DAMAGE OR INJURY TO HEALTH, PROPERTY AND WILDLIFE.

S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. Effective immediately, the addition, amend ment and/or repeal of any rule or regulations necessary for the imple mentation of this act on its effective date is authorized to be made on or before such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10768-05-2

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