NY State Senate Bill 2011-S4798

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Jun 24, 2011	committed to rules
Jun 07, 2011	advanced to third reading
Jun 06, 2011	2nd report cal.
Jun 02, 2011	1st report cal.973
Apr 25, 2011	referred to health

Votes

- Jun 2, 2011 - Health Committee Vote
  S4798
  
  13
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Health Committee Vote: Jun 2, 2011
      
      aye (13)
      
      Ball
      
      Farley
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Hannon
      
      Larkin
      
      McDonald
      
      Montgomery
      
      Rivera
      
      Seward
      
      Stewart-Cousins
      
      Young
      
      excused (4)
      
      Adams
      
      Duane
      
      Kruger
      
      Smith

2011-S4798 (ACTIVE) - Details

See Assembly Version of this Bill:: A3862
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2411, Pub Health L; amd §§33-1201, 33-1203, 33-1205 & 33-1207, En Con L
Versions Introduced in 2009-2010 Legislative Session:: S2605, A1581

2011-S4798 (ACTIVE) - Summary

Requires mapping of breast cancer in the state; requires pesticide business to submit reports to the department of environmental conservation, which reports shall be in electronic format; changes the annual date by which such department must produce pesticide use and sales reporting data from July first to November thirtieth.

2011-S4798 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4798

TITLE OF BILL:

An act
to amend the public health law,
in relation to breast cancer research; and
to amend the environmental conservation law, in relation to compilation
of data on pesticides

PURPOSE OR GENERAL IDEA OF THE BILL:

The bill authorizes funding of mapping incidence of breast cancer from
the Breast Cancer Research and Education Fund.

The bill amends the pesticide use and sales reporting requirements in
the Environmental Conservation Law, to specify that the Department's
annual report must report pesticide sales and use data by both
product name and active ingredient. The bill further amends the
pesticide use and sales reporting requirements, by specifying the
commercial pesticide applicators and businesses, and sellers of
restricted use pesticides report in electronic format or on scannable
forms. Manufacturers and importers of restricted use pesticides are
required to submit required sales records in electronic format.

The bill also changes the annual date by which DEC must produce the

Pesticide Use and Sales Reporting data from July 1st to November 30th.

JUSTIFICATION:

The provision that would authorize funding grant proposals for mapping
of breast cancer incidence from the Breast Cancer Research and
Education fund would encourage more innovative mapping proposals that
have been produced by the Department of Health.

The current law requires the Department of Environmental Conservation
(DEC) to compile all of the pesticide use and sales records reported
by commercial applicators; and sellers, importers and manufacturers
of restricted use pesticides. Many of the records provided to the
Department have been paper records. To reduce the overwhelming
workload on the Department, the bill requires commercial pesticide
applicators and sellers of restricted use pesticides to file their
reports in electronic format or on scannable forms. Manufacturers and
importers of restricted use pesticides will be required to file
records in electronic format.
The proposed change should significantly reduce the costs of
administering the program and allow the Department to produce a more
timely and accurate annual report.

Changing the date by which the pesticide use and sales data annual
report to November 30th will allow DEC more time to complete the

report and more accurately reflect the data reported. Hopefully this
will also allow for selecting a New York State contractor for the
data entry, rather than using an out-of-state and out-of-country
company for this work.

PRIOR LEGISLATIVE HISTORY:

03/12/01 Passed Assembly (A.51B9)
03/18/02 Passed Assembly
06/09/03 Passed Assembly (A.3638)
02/23/04 Passed Assembly
2005-06: A.2264 Passed Assembly
2007-08: S.5569 Senate Health Cmte./A.850 Passed Assembly
2009-10: S.2605 Health Cmte.

FISCAL IMPLICATIONS:

There should be little impact on State and local governments, since
these agencies already have computer capability and are therefore
likely to file pesticide use records in electronic format.

EFFECTIVE DATE:

The law takes effect 60 days after enactment.

2011-S4798 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4798

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 25, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law,  in  relation  to  breast  cancer
  research; and to amend the environmental conservation law, in relation
  to compilation of data on pesticides

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph (e) of subdivision 1  of  section  2411  of  the
public  health  law,  as  amended by chapter 219 of the laws of 1997, is
amended to read as follows:
  (e) Solicit, receive, and review applications from public and  private
agencies  and  organizations  and  qualified  research  institutions for
grants from the breast  cancer  research  and  education  fund,  created
pursuant to section ninety-seven-yy of the state finance law, to conduct
research  or educational programs which focus on the causes, prevention,
screening, treatment and cure of breast cancer and may include, but  are
not  limited  to  MAPPING OF BREAST CANCER, AND basic, behavioral, clin-
ical,  demographic,  environmental,   epidemiologic   and   psychosocial
research.  The board shall make recommendations to the commissioner, and
the commissioner shall, in his or  her  discretion,  grant  approval  of
applications  for  grants  from  those  applications  recommended by the
board.  The board shall consult with the Centers for Disease Control and
Prevention, the National Institutes of Health, the  Federal  Agency  For
Health  Care  Policy  and  Research,  the  National Academy of Sciences,
breast cancer advocacy groups, and other organizations or entities which
may be involved in breast cancer research to  solicit  both  information
regarding  breast  cancer  research  projects  that  are currently being
conducted and recommendations for future research projects. As  used  in
this  section,  "qualified  research  institution"  may include academic
medical institutions, state or  local  government  agencies,  public  or
private  organizations  within  this  state,  and  any other institution

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00180-01-1

S. 4798                             2

approved by the department, which is conducting a breast cancer research
project or educational program. If a board member submits an application
for a grant from the breast cancer research and education  fund,  he  or
she  shall  be  prohibited from reviewing and making a recommendation on
the application;
  S 2. Subdivision 2 of section 33-1201 of the  environmental  conserva-
tion  law,  as  added  by chapter 279 of the laws of 1996, is amended to
read as follows:
  2. The commissioner shall prepare an annual report summarizing  pesti-
cide  sales,  quantity  of  pesticides  used, category of applicator and
region of application. PESTICIDE DATA SHALL BE COMPILED AND REPORTED  BY
BOTH  PRODUCT  NAME AND BY ACTIVE INGREDIENT. The commissioner shall not
provide the name, address, or any other information which  would  other-
wise  identify  a  commercial  or  private applicator, or any person who
sells or offers for sale restricted use or general use pesticides  to  a
private applicator, or any person who received the services of a commer-
cial  applicator.  In accordance with article six of the public officers
law, proprietary information contained  within  such  record,  including
price  charged  per product, shall not be disclosed. The report shall be
submitted to the governor, the temporary president of the senate and the
speaker of the assembly, and shall be made available to  all  interested
parties.  The  first  report  shall be submitted on July first, nineteen
hundred ninety-eight and on [July  first]  NOVEMBER  THIRTIETH  annually
thereafter.
  S  3.  Paragraph a of subdivision 1 of section 33-1203 of the environ-
mental conservation law, as added by chapter 279 of the laws of 1996, is
amended to read as follows:
  a. The commissioner shall,  upon  written  request  of  an  interested
party,  in  printed  form  or  on  a  diskette in computerized data base
format, provide the information on pesticides submitted to  the  depart-
ment pursuant to sections 33-1205 and 33-1207 of this title. Such infor-
mation  shall  be provided by county or counties, or five-digit zip code
or codes as selected by the interested party making the written request.
PESTICIDE DATA SHALL BE PROVIDED BY BOTH PRODUCT NAME AND ACTIVE  INGRE-
DIENT.  The  commissioner  shall  not  provide the name, address, or any
other information which would otherwise identify a commercial or private
applicator, or any person who sells or offers for sale restricted use or
general use pesticides to  a  private  applicator,  or  any  person  who
received  the  services  of  a commercial applicator. In accordance with
article  six  of  the  public  officers  law,  proprietary   information
contained within such record, including price charged per product, shall
not  be  disclosed.  The provisions of this paragraph shall not apply to
the provision of pesticide data  to  the  commissioner  of  health,  the
health research science board and researchers pursuant to title one-B of
article twenty-four of the public health law.
  S  4.  The  second  undesignated paragraph of subdivision 1 of section
33-1205 of the environmental conservation law, as added by  chapter  279
of the laws of 1996, is amended to read as follows:
  Such  records  shall be maintained for a period of not less than three
years.   All commercial applicators shall file,  at  least  annually,  a
report  or  reports  containing such information with the department [on
computer diskette or in printed form] IN AN ELECTRONIC FORMAT  DEVELOPED
BY  THE  DEPARTMENT  CONSISTENT  WITH  SYSTEM  FILE SPECIFICATIONS OR ON
SCANNABLE FORMS DEVELOPED BY THE DEPARTMENT on or before February  first
for  the  prior  calendar  year.   All commercial applicators shall also
maintain corresponding records of the dosage rates, methods of  applica-

S. 4798                             3

tion and target organisms for each pesticide application.  These records
shall  be maintained on an annual basis and retained for a period of not
less than three years and shall be available for inspection upon request
by the department.
  S  5. The closing paragraph of paragraph a of subdivision 2 of section
33-1205 of the environmental conservation law, as amended by chapter 260
of the laws of 1997, is amended to read as follows:
  Every person who sells or offers for sale restricted use pesticides to
private applicators shall file, at least annually, a report  or  reports
containing such information with the department [on computer diskette or
in  printed  form]  IN  AN ELECTRONIC FORMAT DEVELOPED BY THE DEPARTMENT
CONSISTENT WITH SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE FORMS  DEVEL-
OPED  BY THE DEPARTMENT on or before February first for the prior calen-
dar year.  The department shall not use the reports  filed  pursuant  to
this paragraph for enforcement purposes.
  S  6.  Subdivision 2 of section 33-1207 of the environmental conserva-
tion law, as added by chapter 279 of the laws of  1996,  is  amended  to
read as follows:
  2.  Such  records  shall  be  maintained for a period of not less than
three years.   All manufacturers and  importers  shall  file  an  annual
report  containing  such  information  with  the department [on computer
diskette or in printed form] IN AN ELECTRONIC FORMAT  DEVELOPED  BY  THE
DEPARTMENT  CONSISTENT  WITH  SYSTEM FILE SPECIFICATIONS OR ON SCANNABLE
FORMS DEVELOPED BY THE DEPARTMENT on or before February  first  for  the
prior calendar year.
  S  7.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S4798

Sponsored By

Archive: Last Bill Status - In Senate Committee Health Committee

Jun 2, 2011 - Health Committee Vote

Health Committee Vote: Jun 2, 2011

2011-S4798 (ACTIVE) - Details

2011-S4798 (ACTIVE) - Summary

2011-S4798 (ACTIVE) - Sponsor Memo

2011-S4798 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4798

Share this bill

Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Health Committee

2011-S4798 (ACTIVE) - Details

2011-S4798 (ACTIVE) - Summary

2011-S4798 (ACTIVE) - Sponsor Memo

2011-S4798 (ACTIVE) - Bill Text download pdf

Comments