Connecticut 2025 Regular Session

Connecticut House Bill HB06916 Compare Versions

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55 General Assembly Raised Bill No. 6916
66 January Session, 2025
77 LCO No. 3920
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1010 Referred to Committee on ENVIRONMENT
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1919 AN ACT CONCERNING THE USE OF NEONICOTINOIDS.
2020 Be it enacted by the Senate and House of Representatives in General
2121 Assembly convened:
2222
2323 Section 1. (NEW) (Effective from passage) (a) For purposes of this 1
2424 section, "environmental emergency" means the occurrence of any pest 2
2525 that presents an imminent risk of significant harm or injury to public 3
2626 health or to the environment, and "neonicotinoid" has the same meaning 4
2727 as provided in section 22-61k of the general statutes, as amended by this 5
2828 act. 6
2929 (b) On and after January 1, 2028, no person shall use or apply any 7
3030 neonicotinoid to treat any: (1) Golf course; (2) turf grass; (3) lawn; (4) 8
3131 playing field; (5) outdoor ornamental plant; (6) property owned by or 9
3232 leased to the state or any municipality; or (7) corn, wheat or soybean. 10
3333 The provisions of this subsection shall not apply to neonicotinoid 11
3434 applications made within one foot of a building foundation's perimeter 12
3535 to manage structural pests. 13
3636 (c) (1) The Commissioner of Energy and Environmental Protection 14
3737 may issue a written order to suspend the provisions of subsection (b) of 15
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4444 this section if the commissioner determines that: (A) An environmental 16
4545 emergency exists; (B) the use of a neonicotinoid will be effective in 17
4646 addressing such environmental emergency; (C) the use of a 18
4747 neonicotinoid will not cause unreasonable adverse effects on the 19
4848 environment, including on nontarget organisms, surface water quality 20
4949 and groundwater quality; and (D) no other less harmful pesticide or pest 21
5050 management practice will be effective to address such environmental 22
5151 emergency. Any order issued pursuant to this subdivision shall be for a 23
5252 period of not more than one year and shall constitute a public record. 24
5353 The commissioner shall make any such order publicly available on the 25
5454 Department of Energy and Environmental Protection's Internet web 26
5555 site. 27
5656 (2) Any order issued pursuant to subdivision (1) of this subsection 28
5757 shall: (A) Provide the basis for the determinations made by the 29
5858 commissioner pursuant to subdivision (1) of this section; (B) specify the 30
5959 neonicotinoid pesticides, uses and purposes to which such order 31
6060 applies; and (C) specify such order's geographic scope, start date and 32
6161 duration. 33
6262 (3) Any order issued pursuant to subdivision (1) of this subsection 34
6363 may establish restrictions related to such neonicotinoid use for the 35
6464 purpose of minimizing harm to public health and the environment, 36
6565 including, but not limited to, any harm to nontarget organisms, surface 37
6666 water quality and groundwater quality. 38
6767 Sec. 2. (NEW) (Effective from passage) (a) For purposes of this section, 39
6868 "unreasonable adverse effects on the environment" has the same 40
6969 meaning as provided in subsection (z) of section 22a-47 of the general 41
7070 statutes and "neonicotinoid" has the same meaning as provided in 42
7171 section 22-61k of the general statutes, as amended by this act. 43
7272 (b) On and after January 1, 2029, no person shall distribute, sell, offer 44
7373 for sale or use any agricultural seed for corn, wheat or soybean if such 45
7474 seed is treated with a neonicotinoid unless a waiver is issued by the 46
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8181 Commissioner of Agriculture to the user of such seed pursuant to 47
8282 subsection (c) of this section. 48
8383 (c) (1) The Commissioner of Agriculture may, in consultation with 49
8484 the Commissioner of Energy and Environmental Protection, issue a 50
8585 waiver to allow the use of agricultural seeds treated with a 51
8686 neonicotinoid for the production of agricultural commodities only upon 52
8787 application by a person who has (A) completed an integrated pest 53
8888 management training; (B) conducted a pest risk assessment; and (C) 54
8989 submitted to the Commissioner of Agriculture a pest risk assessment 55
9090 report. The Commissioner of Agriculture may issue such waiver if, after 56
9191 review of the requisite pest risk assessment report, the Commissioner of 57
9292 Agriculture determines that: (i) The occurrence of a pest presents a 58
9393 significant risk of imminent harm, injury or loss to agricultural crops; 59
9494 (ii) the use of agricultural seeds treated with a neonicotinoid will be 60
9595 effective in addressing the subject pest risk; (iii) the use of agricultural 61
9696 seeds treated with a neonicotinoid will not cause unreasonable adverse 62
9797 effects on the environment, including, but not limited to, nontarget 63
9898 organisms, surface water quality and groundwater quality; and (iv) no 64
9999 other less harmful seed treatment, pesticide or pest management 65
100100 practice will be effective in addressing the pest risk. Any waiver issued 66
101101 pursuant to this subdivision shall be for a period not to exceed one year 67
102102 and shall, in addition to all applicable application materials, constitute 68
103103 a public record. The commissioner shall make any such application and 69
104104 application materials available on the Department of Agriculture's 70
105105 Internet web site. 71
106106 (2) Any waiver issued pursuant to subdivision (1) of this subsection 72
107107 shall: (A) Provide the basis for the determinations made by the 73
108108 Commissioner of Agriculture pursuant to subdivision (1) of this 74
109109 subsection; (B) specify the waiver's geographic scope, which may 75
110110 include only those properties identified in the applicant's pest risk 76
111111 assessment report; and (C) specify the waiver's start date and duration. 77
112112 (d) The Commissioner of Agriculture, in consultation with the 78
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119119 Commissioner of Energy and Environmental Protection and the 79
120120 Director of the Connecticut Agricultural Experiment Station, may adopt 80
121121 regulations, in accordance with the provisions of chapter 54 of the 81
122122 general statutes, for the issuance of waivers pursuant to subsection (c) 82
123123 of this section. Such regulations may establish fees for any such waiver 83
124124 application for the purpose of defraying associated administrative costs. 84
125125 Any such fee collected in accordance with this subsection shall be 85
126126 deposited in the General Fund. 86
127127 Sec. 3. Section 22-61k of the general statutes is repealed and the 87
128128 following is substituted in lieu thereof (Effective from passage): 88
129129 Not later than January 1, 2017, the Commissioner of Agriculture, in 89
130130 collaboration with the Connecticut Agricultural Experiment Station and 90
131131 the Department of Energy and Environmental Protection, shall develop 91
132132 best practices for minimizing the airborne liberation of neonicotinoid 92
133133 insecticide dust from treated seeds and mitigating the effects of such 93
134134 dust on pollinators. Such best practices shall include, but not be limited 94
135135 to: (1) Methods to minimize such dust when treated seeds are dispensed 95
136136 from a seed bag into seed planter equipment; (2) guidance on the 96
137137 positioning of the vacuum system discharge of seed planter equipment 97
138138 to direct such discharge toward the soil; (3) time frames for the mowing 98
139139 of flowering vegetation located next to crop fields; (4) identification of 99
140140 weather conditions that minimize drift of such dust; and (5) suggestions 100
141141 for the use of seed lubricants to effectively minimize the drift of such 101
142142 dust. Each such state agency shall make the best practices developed 102
143143 pursuant to this section available to farmers, any person who owns, 103
144144 operates or manages a farm or an agricultural facility and the general 104
145145 public by posting such best practices on the Internet web site of such 105
146146 state agency not later than February 15, 2017. For purposes of this 106
147147 section, section 22-90a, subsection (l) of section 22a-50, sections 22a-61a 107
148148 and 22a-61b, sections 1 and 2 of this act and section 6 of public act 16-17, 108
149149 "neonicotinoid," means any pesticide that acts selectively on the 109
150150 nicotinic acetylcholine receptors of an organism, including clothianidin, 110
151151 dinotefuran, imidacloprid, acetamiprid, thiamethoxam and any other 111
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158158 such pesticide that the Commissioner of Energy and Environmental 112
159159 Protection, after consultation with the Connecticut Agricultural 113
160160 Experiment Station, determines will result in the death of fifty per cent 114
161161 or more of a population of bees when two micrograms or less of such 115
162162 pesticide is applied to each bee within such population. 116
163163 This act shall take effect as follows and shall amend the following
164164 sections:
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166166 Section 1 from passage New section
167167 Sec. 2 from passage New section
168168 Sec. 3 from passage 22-61k
169169
170170 Statement of Purpose:
171171 To restrict the use of neonicotinoids for certain commercial and
172172 agricultural applications.
173173
174174 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
175175 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
176176 underlined.]
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