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3 | 3 | | LCO No. 3920 1 of 5 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 6916 |
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6 | 6 | | January Session, 2025 |
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7 | 7 | | LCO No. 3920 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on ENVIRONMENT |
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11 | 11 | | |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (ENV) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING THE USE OF NEONICOTINOIDS. |
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20 | 20 | | Be it enacted by the Senate and House of Representatives in General |
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21 | 21 | | Assembly convened: |
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22 | 22 | | |
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23 | 23 | | Section 1. (NEW) (Effective from passage) (a) For purposes of this 1 |
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24 | 24 | | section, "environmental emergency" means the occurrence of any pest 2 |
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25 | 25 | | that presents an imminent risk of significant harm or injury to public 3 |
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26 | 26 | | health or to the environment, and "neonicotinoid" has the same meaning 4 |
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27 | 27 | | as provided in section 22-61k of the general statutes, as amended by this 5 |
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28 | 28 | | act. 6 |
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29 | 29 | | (b) On and after January 1, 2028, no person shall use or apply any 7 |
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30 | 30 | | neonicotinoid to treat any: (1) Golf course; (2) turf grass; (3) lawn; (4) 8 |
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31 | 31 | | playing field; (5) outdoor ornamental plant; (6) property owned by or 9 |
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32 | 32 | | leased to the state or any municipality; or (7) corn, wheat or soybean. 10 |
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33 | 33 | | The provisions of this subsection shall not apply to neonicotinoid 11 |
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34 | 34 | | applications made within one foot of a building foundation's perimeter 12 |
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35 | 35 | | to manage structural pests. 13 |
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36 | 36 | | (c) (1) The Commissioner of Energy and Environmental Protection 14 |
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37 | 37 | | may issue a written order to suspend the provisions of subsection (b) of 15 |
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38 | 38 | | Raised Bill No. 6916 |
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39 | 39 | | |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | LCO No. 3920 2 of 5 |
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43 | 43 | | |
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44 | 44 | | this section if the commissioner determines that: (A) An environmental 16 |
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45 | 45 | | emergency exists; (B) the use of a neonicotinoid will be effective in 17 |
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46 | 46 | | addressing such environmental emergency; (C) the use of a 18 |
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47 | 47 | | neonicotinoid will not cause unreasonable adverse effects on the 19 |
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48 | 48 | | environment, including on nontarget organisms, surface water quality 20 |
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49 | 49 | | and groundwater quality; and (D) no other less harmful pesticide or pest 21 |
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50 | 50 | | management practice will be effective to address such environmental 22 |
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51 | 51 | | emergency. Any order issued pursuant to this subdivision shall be for a 23 |
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52 | 52 | | period of not more than one year and shall constitute a public record. 24 |
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53 | 53 | | The commissioner shall make any such order publicly available on the 25 |
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54 | 54 | | Department of Energy and Environmental Protection's Internet web 26 |
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55 | 55 | | site. 27 |
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56 | 56 | | (2) Any order issued pursuant to subdivision (1) of this subsection 28 |
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57 | 57 | | shall: (A) Provide the basis for the determinations made by the 29 |
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58 | 58 | | commissioner pursuant to subdivision (1) of this section; (B) specify the 30 |
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59 | 59 | | neonicotinoid pesticides, uses and purposes to which such order 31 |
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60 | 60 | | applies; and (C) specify such order's geographic scope, start date and 32 |
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61 | 61 | | duration. 33 |
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62 | 62 | | (3) Any order issued pursuant to subdivision (1) of this subsection 34 |
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63 | 63 | | may establish restrictions related to such neonicotinoid use for the 35 |
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64 | 64 | | purpose of minimizing harm to public health and the environment, 36 |
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65 | 65 | | including, but not limited to, any harm to nontarget organisms, surface 37 |
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66 | 66 | | water quality and groundwater quality. 38 |
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67 | 67 | | Sec. 2. (NEW) (Effective from passage) (a) For purposes of this section, 39 |
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68 | 68 | | "unreasonable adverse effects on the environment" has the same 40 |
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69 | 69 | | meaning as provided in subsection (z) of section 22a-47 of the general 41 |
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70 | 70 | | statutes and "neonicotinoid" has the same meaning as provided in 42 |
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71 | 71 | | section 22-61k of the general statutes, as amended by this act. 43 |
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72 | 72 | | (b) On and after January 1, 2029, no person shall distribute, sell, offer 44 |
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73 | 73 | | for sale or use any agricultural seed for corn, wheat or soybean if such 45 |
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74 | 74 | | seed is treated with a neonicotinoid unless a waiver is issued by the 46 |
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75 | 75 | | Raised Bill No. 6916 |
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76 | 76 | | |
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77 | 77 | | |
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78 | 78 | | |
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79 | 79 | | LCO No. 3920 3 of 5 |
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80 | 80 | | |
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81 | 81 | | Commissioner of Agriculture to the user of such seed pursuant to 47 |
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82 | 82 | | subsection (c) of this section. 48 |
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83 | 83 | | (c) (1) The Commissioner of Agriculture may, in consultation with 49 |
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84 | 84 | | the Commissioner of Energy and Environmental Protection, issue a 50 |
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85 | 85 | | waiver to allow the use of agricultural seeds treated with a 51 |
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86 | 86 | | neonicotinoid for the production of agricultural commodities only upon 52 |
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87 | 87 | | application by a person who has (A) completed an integrated pest 53 |
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88 | 88 | | management training; (B) conducted a pest risk assessment; and (C) 54 |
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89 | 89 | | submitted to the Commissioner of Agriculture a pest risk assessment 55 |
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90 | 90 | | report. The Commissioner of Agriculture may issue such waiver if, after 56 |
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91 | 91 | | review of the requisite pest risk assessment report, the Commissioner of 57 |
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92 | 92 | | Agriculture determines that: (i) The occurrence of a pest presents a 58 |
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93 | 93 | | significant risk of imminent harm, injury or loss to agricultural crops; 59 |
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94 | 94 | | (ii) the use of agricultural seeds treated with a neonicotinoid will be 60 |
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95 | 95 | | effective in addressing the subject pest risk; (iii) the use of agricultural 61 |
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96 | 96 | | seeds treated with a neonicotinoid will not cause unreasonable adverse 62 |
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97 | 97 | | effects on the environment, including, but not limited to, nontarget 63 |
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98 | 98 | | organisms, surface water quality and groundwater quality; and (iv) no 64 |
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99 | 99 | | other less harmful seed treatment, pesticide or pest management 65 |
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100 | 100 | | practice will be effective in addressing the pest risk. Any waiver issued 66 |
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101 | 101 | | pursuant to this subdivision shall be for a period not to exceed one year 67 |
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102 | 102 | | and shall, in addition to all applicable application materials, constitute 68 |
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103 | 103 | | a public record. The commissioner shall make any such application and 69 |
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104 | 104 | | application materials available on the Department of Agriculture's 70 |
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105 | 105 | | Internet web site. 71 |
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106 | 106 | | (2) Any waiver issued pursuant to subdivision (1) of this subsection 72 |
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107 | 107 | | shall: (A) Provide the basis for the determinations made by the 73 |
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108 | 108 | | Commissioner of Agriculture pursuant to subdivision (1) of this 74 |
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109 | 109 | | subsection; (B) specify the waiver's geographic scope, which may 75 |
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110 | 110 | | include only those properties identified in the applicant's pest risk 76 |
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111 | 111 | | assessment report; and (C) specify the waiver's start date and duration. 77 |
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112 | 112 | | (d) The Commissioner of Agriculture, in consultation with the 78 |
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113 | 113 | | Raised Bill No. 6916 |
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115 | 115 | | |
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116 | 116 | | |
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117 | 117 | | LCO No. 3920 4 of 5 |
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118 | 118 | | |
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119 | 119 | | Commissioner of Energy and Environmental Protection and the 79 |
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120 | 120 | | Director of the Connecticut Agricultural Experiment Station, may adopt 80 |
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121 | 121 | | regulations, in accordance with the provisions of chapter 54 of the 81 |
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122 | 122 | | general statutes, for the issuance of waivers pursuant to subsection (c) 82 |
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123 | 123 | | of this section. Such regulations may establish fees for any such waiver 83 |
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124 | 124 | | application for the purpose of defraying associated administrative costs. 84 |
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125 | 125 | | Any such fee collected in accordance with this subsection shall be 85 |
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126 | 126 | | deposited in the General Fund. 86 |
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127 | 127 | | Sec. 3. Section 22-61k of the general statutes is repealed and the 87 |
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128 | 128 | | following is substituted in lieu thereof (Effective from passage): 88 |
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129 | 129 | | Not later than January 1, 2017, the Commissioner of Agriculture, in 89 |
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130 | 130 | | collaboration with the Connecticut Agricultural Experiment Station and 90 |
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131 | 131 | | the Department of Energy and Environmental Protection, shall develop 91 |
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132 | 132 | | best practices for minimizing the airborne liberation of neonicotinoid 92 |
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133 | 133 | | insecticide dust from treated seeds and mitigating the effects of such 93 |
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134 | 134 | | dust on pollinators. Such best practices shall include, but not be limited 94 |
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135 | 135 | | to: (1) Methods to minimize such dust when treated seeds are dispensed 95 |
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136 | 136 | | from a seed bag into seed planter equipment; (2) guidance on the 96 |
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137 | 137 | | positioning of the vacuum system discharge of seed planter equipment 97 |
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138 | 138 | | to direct such discharge toward the soil; (3) time frames for the mowing 98 |
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139 | 139 | | of flowering vegetation located next to crop fields; (4) identification of 99 |
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140 | 140 | | weather conditions that minimize drift of such dust; and (5) suggestions 100 |
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141 | 141 | | for the use of seed lubricants to effectively minimize the drift of such 101 |
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142 | 142 | | dust. Each such state agency shall make the best practices developed 102 |
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143 | 143 | | pursuant to this section available to farmers, any person who owns, 103 |
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144 | 144 | | operates or manages a farm or an agricultural facility and the general 104 |
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145 | 145 | | public by posting such best practices on the Internet web site of such 105 |
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146 | 146 | | state agency not later than February 15, 2017. For purposes of this 106 |
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147 | 147 | | section, section 22-90a, subsection (l) of section 22a-50, sections 22a-61a 107 |
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148 | 148 | | and 22a-61b, sections 1 and 2 of this act and section 6 of public act 16-17, 108 |
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149 | 149 | | "neonicotinoid," means any pesticide that acts selectively on the 109 |
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150 | 150 | | nicotinic acetylcholine receptors of an organism, including clothianidin, 110 |
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151 | 151 | | dinotefuran, imidacloprid, acetamiprid, thiamethoxam and any other 111 |
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152 | 152 | | Raised Bill No. 6916 |
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153 | 153 | | |
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154 | 154 | | |
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155 | 155 | | |
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156 | 156 | | LCO No. 3920 5 of 5 |
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157 | 157 | | |
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158 | 158 | | such pesticide that the Commissioner of Energy and Environmental 112 |
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159 | 159 | | Protection, after consultation with the Connecticut Agricultural 113 |
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160 | 160 | | Experiment Station, determines will result in the death of fifty per cent 114 |
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161 | 161 | | or more of a population of bees when two micrograms or less of such 115 |
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162 | 162 | | pesticide is applied to each bee within such population. 116 |
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163 | 163 | | This act shall take effect as follows and shall amend the following |
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164 | 164 | | sections: |
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165 | 165 | | |
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166 | 166 | | Section 1 from passage New section |
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167 | 167 | | Sec. 2 from passage New section |
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168 | 168 | | Sec. 3 from passage 22-61k |
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169 | 169 | | |
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170 | 170 | | Statement of Purpose: |
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171 | 171 | | To restrict the use of neonicotinoids for certain commercial and |
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172 | 172 | | agricultural applications. |
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173 | 173 | | |
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174 | 174 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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175 | 175 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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176 | 176 | | underlined.] |
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177 | 177 | | |
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