Prohibits the application of pesticides to certain local freshwater wetlands for local governments that have implemented a freshwater wetlands protection law; provides that any local law or ordinance adopted pursuant to this section shall take effect on the first day of January after it shall have been adopted.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6930
SPONSOR: Burdick TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
prohibiting the application of pesticides to certain local freshwater
wetlands
PURPOSE OR GENERAL IDEA OF BILL:
To allow local governments to adopt laws which prohibit the application
of pesticides to local freshwater wetlands.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends the environmental conservation law by
adding a 'new section 24-0513.
Subdivision 1 of section 24-0513 allows local governments which have
implemented a freshwater wetlands protection law or ordinance to adopt a
local law or ordinance prohibiting the application of pesticides to
wetlands, provided that such laws allow for the use of pesticides for
the control of invasive species, pests of significant public health
importance, or noxious weeds; or for the protection of critical native
plant species.
Subdivision 2 of section 24-0513 limits the provisions of this section
to wetlands which are hydrologically connected to a source of public
water supply.
Subdivision 3 of section 24-0513 establishes a timeline for the effec-
tive date of any local law or ordinance adopted pursuant to this
section.
Section 2 of this bill establishes the effective date.
JUSTIFICATION:
The NYS Department of Environmental Conservation (DEC) estimates that
there are approximately 2.4 million acres of wetlands in New York. Some
areas, like the Adirondacks and the Lake Plains of western New York
contain more wetlands because there are larger expanses of flat topogra-
phy. Other areas, like the Appalachian Highlands, the Hudson Valley, and
Long Island, contain relatively fewer wetlands. The DEC has regulatory
authority to set minimum limits on the applications of pesticides within
areas designated as wetlands. Until now, local governments have not been
able to expand, create and/or implement tighter restrictions on the
applications of pesticides within their borders.
This bill would enable local governments to increase the protections to
our wetlands by adding further restrictions to prohibit the application
of pesticides to wetlands it regulates. This bill would not authorize
local governments to create laws that would loosen or relax existing or
future regulations promulgated by the DEC.
LEGISLATIVE HISTORY:
2023-2024: A09712, VETOED (Memo.71)
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
6930
2025-2026 Regular Sessions
IN ASSEMBLY
March 18, 2025
___________
Introduced by M. of A. BURDICK, SEAWRIGHT, COLTON, ROSENTHAL, OTIS --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting the application of pesticides to certain local freshwater
wetlands
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 24-0513 to read as follows:
3 § 24-0513. Local freshwater wetlands pesticide prohibition.
4 1. A local government that has implemented a freshwater wetlands
5 protection law or ordinance in accordance with section 24-0501 of this
6 title may adopt a local law or ordinance to prohibit the application of
7 pesticides to wetlands it regulates; provided, however, that any such
8 law or ordinance shall not prohibit pesticide applications for the
9 control of invasive species identified pursuant to title 17 of article 9
10 of this chapter, pests of significant public health importance, noxious
11 weeds designated by the department as injurious to ecosystem health, or
12 for the protection of critical native plant species.
13 2. (a) The provisions of this section shall apply only to those
14 wetlands which are hydrologically connected to any reservoir, reservoir
15 stem, class A waterway or other source of public water supply.
16 (b) The provisions of this section shall not be construed to prohibit
17 or limit the use or application of pesticides used in farm operations as
18 defined in section three hundred one of the agriculture and markets law.
19 3. Any local law or ordinance adopted pursuant to this section shall
20 take effect on the first day of January after it shall have been
21 adopted.
22 § 2. This act shall take effect on the ninetieth day after it shall
23 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10703-03-5
