reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 1 - Siting › 29-0103 - Siting Criteria for Permanent Disposal Facilities.

§ 29-0103. Siting criteria for permanent disposal facilities.
1. No later than July thirty-first, nineteen hundred eighty-seven, the
  department  shall  publish  draft regulations which specify the criteria
  for siting permanent disposal  facilities  and  shall  promulgate  final
  regulations  no  later  than  December  thirty-first,  nineteen  hundred
  eighty-seven. Such  regulations  shall  be  specific  to  the  types  of
  disposal  methods which may be employed at a permanent disposal site and
  shall include criteria for:
a. above ground, engineered, monitored disposal;
b. underground mined repository disposal; and
c. where practicable, other  disposal  methods  for  which  there  are
  applicable regulations but in no event including shallow land burial.
Such  regulations shall specify the minimum characteristics a disposal
  site and a disposal method must have under existing  federal  and  state
  law to be acceptable for use for permanent disposal facilities.
2.  The department shall hold hearings on the proposed siting criteria
  regulations.
3. In adopting the siting criteria regulations  the  department  shall
  not  be  subject  to the requirements of sections two hundred two-a, two
  hundred  two-b  and  two  hundred  two-c  of  the  state  administrative
  procedure act.
2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 1 - Siting › 29-0105 - Certification of Site and Disposal Method Selection.

§ 29-0105. Certification of site and disposal method selection.
1.  Upon  application  by the commission, the department shall certify
  that the commission's selection of the site or sites and disposal method
  or methods pursuant to section 29-0305 of this article is in conformance
  with the applicable siting  criteria  promulgated  pursuant  to  section
  29-0103  of  this title; shall certify that, with modifications proposed
  by the department, the  selection  would  be  in  conformance  with  the
  applicable  siting  criteria;  or shall refuse to certify such selection
  and shall specify the manner in which such selection fails to  meet  the
  applicable  siting  criteria.  Such  certification or refusal to certify
  shall be based  upon  the  record.  The  department  shall  hold  public
  hearings  with  respect  to the draft environmental impact statement and
  with respect to the application for  certification.  Such  hearings  and
  such  certification  or refusal to certify shall be completed within one
  hundred eighty  days  of  the  commission's  submission  of  a  complete
  application for certification.
2.  The  department  shall publish in the state register notice of its
  decision on the application for certification of the site  and  disposal
  method selection.
3.  The  department's decision on the application for certification of
  the site and  disposal  method  selection  and  the  accompanying  final
  environmental  impact  statement shall be submitted by the department to
  the governor, the legislature, and the chairman of the  New  York  state
  energy  research  and  development  authority.  In addition to any other
  information  otherwise  required  for  a  final   environmental   impact
  statement, such statement shall include:
a.  copies  of  the  minutes  of  the public hearing held on the draft
  environmental impact statement on siting and disposal  method  selection
  and  of recommendations from the advisory committee established pursuant
  to section 29-0501 of this article, and the  department's  responses  to
  the views, comments, information, and recommendations therein; and
b.  a  listing  providing  a  brief  description,  identification,  or
  reference for each report, study, or other document relied upon  by  the
  department for information supporting its analyses or conclusions.
2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 3 - Commission for Siting Low-Level Radioactive Waste Disposal Facilities › 29-0301 - Appointment of the Commission.

* § 29-0301. Appointment of the commission.
1.   There  is  hereby  created  a  commission  for  siting  low-level
  radioactive waste disposal facilities. The commission shall  consist  of
  seven  members  appointed  by  the  governor  whose appointment shall be
  effective when issued. The members of  the  commission,  to  the  extent
  practicable,  shall  be competent and knowledgeable concerning low-level
  radioactive waste and shall be qualified as follows:
a. a geologist;
b. a medical doctor;
c. a health physicist;
d. a professional engineer;
e. a social scientist;
f. an  environmentalist  who  represents  a  non-profit  environmental
  organization;
g. a private citizen who shall be designated to act as chairperson.
2.  The  chairperson  shall  appoint  an  executive  director  to  the
  commission.
3. In the event of resignation of one of the commission  members,  the
  governor  shall appoint a replacement. Each member shall receive the sum
  of two hundred dollars for each day in which the member is actually  and
  primarily engaged in the performance of the duties specified herein plus
  actual and necessary expenses incurred by such member in the performance
  of such duties.
4.  The  members  of  the  commission,  the executive director and any
  employees of the commission shall  be  considered  public  officers  for
  purposes of the public officers law.
5.  Four  of  the  seven  members of the commission shall constitute a
  quorum for the  transaction  of  business  of  the  commission  and  the
  decision  of  four  members of the commission shall constitute action of
  the commission; provided, however, that no application for certification
  pursuant to section 29-0105 of this article shall be  made  except  upon
  the affirmative vote of four or more members of the commission.
* NB Commission existence pursuant to § 29-0309
2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 3 - Commission for Siting Low-Level Radioactive Waste Disposal Facilities › 29-0305 - Operation of the Commission.

* § 29-0305. Operation of the commission.
1.  The  commission may hire or contract with such persons as it deems
  necessary, convenient, or desirable to carry out its duties pursuant  to
  this title.
2.  Officers  and  employees  of  the commission shall be appointed in
  accordance with civil service rules; provided,  however,  that  officers
  and  employees  of  state departments and agencies may be transferred to
  the commission without examination and without loss of any civil service
  status or rights. Each employee who  is  transferred  pursuant  to  this
  subdivision  is  deemed to be on leave of absence from his or her former
  position during the tenure of the  commission.  No  such  transfer  may,
  however,  be  made  except  with  the  approval of the head of the state
  department or agency involved,  the  director  of  the  budget  and  the
  chairman  of  the  commission,  and  in  compliance  with  the rules and
  regulations of the civil service commission of the state.
3. After the department has approved, pursuant  to  subdivision  2  of
  section  29-0303  of  this  title,  a  preferred  disposal  method,  the
  commission, its employees,  agents,  consultants,  or  contractors  may,
  after  proper notification and identification, enter at reasonable times
  upon such lands, waters or premises as in the judgment of the commission
  may be necessary, convenient, or desirable for  the  purpose  of  making
  surveys, soundings, borings, and examinations to accomplish any purposes
  authorized  by this title, the commission being liable for actual damage
  done. Each such entry shall be commenced and completed  with  reasonable
  promptness.  If the officer or employee obtains any samples prior to his
  leaving the premises, he shall give to the owner, operator, or agent  in
  charge  a  receipt  describing  the sample obtained and, if requested, a
  portion of each such sample equal in volume or  weight  to  the  portion
  retained. If any analysis is made of such samples, a copy of the results
  of  such analysis shall be furnished promptly to the owner, operator, or
  agent in charge.
4. The commission shall require all computerized data generated by its
  staff and contractors, when obtainable by the public pursuant to article
  six of the public officers law, to be made available in a format that is
  accessible for general use.
* NB Commission existence pursuant to § 29-0309
2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 3 - Commission for Siting Low-Level Radioactive Waste Disposal Facilities › 29-0307 - Cooperation With Other Agencies.

* § 29-0307. Cooperation with other agencies.
1.  All  agencies  and  authorities  of the state, municipalities, and
  political subdivisions of the state are  hereby  directed  to  cooperate
  with   the   commission   in   order  to  facilitate  and  expedite  the
  responsibilities and duties of the commission. To the extent practicable
  and not otherwise inconsistent with law and  upon  the  request  of  the
  commission, any agency or authority of the state shall provide copies of
  existing  studies,  surveys,  plans,  data,  and  other materials in its
  possession to the commission.
2. The commission shall assure that the advisory  committee  appointed
  pursuant  to section 29-0501 of this article has a timely opportunity to
  provide information and recommendations to the commission on all aspects
  of its activities pursuant to section 29-0303 of this title.
3.  In  consultation  and  cooperation  with  the  advisory  committee
  established  pursuant to section 29-0501 of this article, the commission
  shall keep the public informed of its activities in developing the draft
  environmental impact statement required by section 29-0303 of this title
  and encourage the public to participate by  providing  views,  comments,
  information,   and   analysis  concerning  siting  and  disposal  method
  selection for permanent disposal facilities.
4. The department of audit and control and the department of  law  are
  hereby  directed  to expedite the processing of all contracts associated
  with carrying out the provisions of this section.
* NB Commission existence pursuant to § 29-0309
2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 3 - Commission for Siting Low-Level Radioactive Waste Disposal Facilities › 29-0309 - Tenure of the Commission.

* § 29-0309. Tenure of the commission.
The  commission  shall continue in existence only until final judicial
  review of the department's certification of the  commission's  selection
  pursuant to section 29-0105 of this article.
* NB Commission existence pursuant to this section.
2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 5 - Advisory Committee on Permanent Disposal Facilities Siting and Disposal Method Selection › 29-0507 - State Licenses, Permits, and Other Approvals Exclusive.

§ 29-0507. State licenses, permits, and other approvals exclusive.
Notwithstanding  any other provision of law, no county, city, village,
  town, or special district, or any agency or instrumentality thereof, may
  prohibit, or require any license, permit, other approval,  or  condition
  related to, the construction or operation of low-level radioactive waste
  management  facilities  for  which  required state licenses, permits, or
  other approvals have been issued. Nothing in this section shall preclude
  any county, city, village, town, or special district, or any  agency  or
  instrumentality  thereof,  from  requesting,  proposing,  or  advocating
  imposition of reasonable conditions on the construction or operation  of
  low-level radioactive waste management facilities in any proceeding upon
  an  application  for a required state license, permit, or other approval
  for such facilities.
2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 5 - Advisory Committee on Permanent Disposal Facilities Siting and Disposal Method Selection › 29-0509 - Aid to Local Governments.

§ 29-0509. Aid to local governments.
No  later  than the first day of April, nineteen hundred eighty-seven,
  the department shall submit to the legislature and the governor a report
  recommending appropriate forms of state aid to local governmental  units
  within   the   boundaries  of  which  any  low-level  radioactive  waste
  management facilities may be located. Such report shall be developed  by
  the department and shall:
1. describe the nature of the probable impacts upon local governmental
  units,  including  both  impacts  normally  expected  from the presence,
  construction, operation, maintenance, closure, and post-closure care  of
  such low-level radioactive waste management facilities and impacts which
  might  result  from  an  emergency  or  other  abnormal or unusual event
  associated with the operation,  maintenance,  closure,  or  post-closure
  care of such low-level radioactive waste facilities;
2.  describe  the  possible  forms or kinds of aid or assistance which
  might be appropriate to mitigate or provide  off-setting  benefits  with
  respect  to  each of the kinds of probable impacts on local governmental
  units identified pursuant to this section; and
3.  set  forth  the  department's  specific  recommendations  to   the
  legislature  and the governor for the forms or kinds of state assistance
  to local governmental units to mitigate or provide off-setting  benefits
  with  respect  to  such  impacts,  together  with  the  reasons  for the
  department's specific recommendations.
2023 New York Laws › ENV - Environmental Conservation › Article 29 - Low-Level Radioactive Waste Facilities › Title 7 - Financial Assurance › 29-0703 - Closure and Post-Closure Plans.

§ 29-0703. Closure and post-closure plans.
1.  Any  permits  for  such facilities for the management of low-level
  radioactive waste issued by the  department  shall  require  owners  and
  operators   of  facilities  for  the  permanent  disposal  of  low-level
  radioactive waste to submit to the department for its approval plans for
  the  closure  and  post-closure  monitoring  and  maintenance  of  their
  facilities.   The   department  may  promulgate  rules  and  regulations
  concerning the contents of such plans.  Such  plans  shall  be  approved
  prior to the effective date of the facilities' operating permit.
2. Together with the submission of a plan for closure and post-closure
  monitoring and maintenance, the owner or operator of such facilities for
  the  permanent  disposal  of low-level radioactive waste shall submit to
  the department for approval a written estimate of the  costs  associated
  with  closure  at  the estimated point in the facilities' operating life
  when the extent and manner of their operation  would  make  closure  the
  most expensive, as indicated by the closure plan.
3.  The  owner  or operator shall prepare new closure and post-closure
  monitoring and maintenance cost  estimates  whenever  a  change  in  the
  closure and post-closure monitoring and maintenance requirements affects
  the cost of the closure or post-closure care.
4.  One  year after the approval of the cost estimates as set forth in
  subdivision two of this section, and annually thereafter  until  closure
  of  the  facilities,  the operator's closure and post-closure monitoring
  and maintenance estimates shall be adjusted to account for inflation.
5. All estimates made pursuant to this section  and  revision  thereto
  shall be subject to the review and approval of the department.
6.  The  methods and instruments of financial assurances for permitted
  facilities for permanent disposal of low-level radioactive  waste  shall
  be periodically reviewed by the department to determine whether they are
  adequate  in light of changed circumstances to insure proper closure and
  post-closure monitoring and maintenance of such facilities.
2023 New York Laws › ENV - Environmental Conservation › Article 30 - Decommissioning Nuclear Power Plant Discharges Into the Hudson River › 30-101 - Legislative Findings.

* § 30-101. Legislative findings.
1.  The  legislature  finds  that while the energy and economic output
  generated by nuclear power plants are beneficial to the  state  and  its
  residents,  discharges  into  waters of the state of radiological agents
  from nuclear power plants have various adverse and substantial  economic
  impacts on the state and its residents.
2.  The  legislature  further finds that communities with interests in
  the Hudson River are concerned with the economic impacts on  local  real
  estate  values and economic development with respect to the discharge of
  waste from nuclear power plants into waters of the  state  during  plant
  decommissioning,  which  effect  is no longer balanced by countervailing
  economic benefits of the plant  to  those  communities  that  the  plant
  provided during operation.
3.  The legislature further finds that other methods of managing waste
  from decommissioning nuclear power plants are available  and  would  not
  result in the same economic impacts.
4. The legislature therefore finds and declares that it is the duty of
  the  state  to  act  to  preserve  the  economic  vitality  of  affected
  communities.
* NB Section inadvertently added as 30-101 instead of 30-0101
2023 New York Laws › ENV - Environmental Conservation › Article 30 - Decommissioning Nuclear Power Plant Discharges Into the Hudson River › 30-0103 - Unlawful Disharges.

§ 30-0103. Unlawful discharges.
To   the  extent  not  subject  to  preemption  by  federal  law,  and
  notwithstanding any other state or local law, rule, or regulation to the
  contrary, it shall be unlawful to discharge any  radiological  substance
  into  the  Hudson  River  in  connection  with  the decommissioning of a
  nuclear power plant.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 1 - Definitions › 33-0103 - Exemptions.

§ 33-0103. Exemptions.
1.  The  provisions  of  subdivisions 1 through 5 inclusive of section
33-0303 and titles 5, 7, 11, 13 and 15 of this article shall  not  apply
to:
a.  Any  carrier  while  lawfully  engaged in transporting a pesticide
within this state, if such  carrier  shall,  upon  request,  permit  the
commissioner  or  his  designated  agent to copy all records showing the
transactions in and movement of the articles;
b. The manufacturer or shipper of a  pesticide  for  experimental  use
only:
(1)  By  or under the supervision of an agency of this state or of the
federal government authorized by law to conduct research in the field of
pesticides  which  has  a  valid  experimental  permit  issued  by   the
commissioner, or
(2)  By  others  having  a  valid  experimental  permit  issued by the
commissioner if the pesticide is not sold and if the  container  thereof
is  plainly  and conspicuously marked "For experimental use only--Not to
be sold," together with the manufacturer's name and address. However, if
such  a  written  permit  has  been  obtained  from  the   commissioner,
pesticides  may  be  sold  for  experimental  purposes  subject  to such
restrictions and conditions as may be set forth in the permit.
2. No article shall be  deemed  in  violation  of  this  article  when
intended  solely  for  export to a foreign country, and when prepared or
packed according to the specifications or directions of  the  purchaser.
If not so exported, all of the provisions of this article shall apply.
3.  Notwithstanding  any other provision of this article, registration
is not required in the case of a pesticide shipped from one plant within
this state to another plant within  this  state  operated  by  the  same
person.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 3 - General Provisions › 33-0301 - Declaration of Policy and Purposes.

§ 33-0301. Declaration of policy and purposes.
The   purpose  of  this  article  is  to  regulate  the  registration,
  commercial  use,  purchase  and  custom   application   of   pesticides.
  Pesticides,  properly used for the control of insects, fungi, weeds, and
  nematodes, and as defoliants, desiccants, and plant regulators  and  for
  related  purposes, are valuable, important and necessary to the welfare,
  health, economic well-being and productive and  industrial  capabilities
  of  the  people  of  this  state. However, such materials, if improperly
  used, may injure health, property and wildlife. It is hereby declared to
  be a matter of legislative determination  that  the  regulation  of  the
  registration,   commercial  use,  purchase  and  custom  application  of
  pesticides is needed in the public interest and that in the exercise  of
  the  police  power all persons be required to register or obtain permits
  before engaging in such activities.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 3 - General Provisions › 33-0304 - Fees.

§ 33-0304. Fees.
All  fees  collected  pursuant to this article shall be deposited into
  the environmental conservation special revenue fund to the credit of the
  environmental regulatory account; provided, however, that the first five
  million dollars collected pursuant to this article  shall  be  deposited
  into  the  environmental protection fund established pursuant to section
  ninety-two-s of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 3 - General Provisions › 33-0305 - Severability.

§ 33-0305. Severability.
If  any provision of this article is declared unconstitutional, or the
  applicability thereof to any person or circumstance is held invalid,  by
  a   court  of  competent  jurisdiction,  the  constitutionality  of  the
  remainder of the article, and the applicability thereof to other persons
  and circumstances shall not be affected.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 5 - Testing of Pesticide Samples › 33-0501 - Testing of Pesticide Samples.

§ 33-0501. Testing of pesticide samples.
1.  The  commissioner  shall  take  and  seal samples of pesticides in
  duplicate in the presence of at least one  witness  and  shall,  tender,
  and,  if  accepted, deliver to the person in charge of the pesticide one
  of such samples.
2. The department shall examine, analyze, or  test,  or  cause  to  be
  examined,  analyzed  or  tested  the  pesticide  samples taken under the
  provisions of this article.
3. At least every two years  the  department  shall  make  public  the
  results  of  examinations,  analyses, trials, and tests of any sample or
  samples so  procured,  together  with  such  additional  information  as
  circumstances  advise.  These published results shall be the property of
  the state of  New  York  and  shall  not  be  used  for  advertising  or
  regulatory  purposes  by  any  person or agency, government or otherwise
  without the commissioner's permission.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0701 - Scope of Registration.

§ 33-0701. Scope of registration.
Every  pesticide which is used, distributed, sold, or offered for sale
  within this state or delivered  for  transportation  or  transported  in
  intrastate  commerce  or  between  points  within this state through any
  point outside this state shall be registered every two  years  with  the
  office  of  the  commissioner; provided that any pesticide imported into
  this state, which is registered under the provisions of any federal  act
  providing  for  the registration of pesticides may, in the discretion of
  the commissioner, be exempted from registration under this article, when
  sold or distributed in the unbroken immediate container in which it  was
  originally shipped.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0703 - Application for Registration.

§ 33-0703. Application for registration.
The applicant shall file with the commissioner a statement including:
1.  The  name and address of the applicant and the name and address of
  the person whose name will appear  on  the  label,  if  other  than  the
  applicant;
2. The name of the pesticide;
3.  A  complete  copy of the labeling accompanying the pesticide and a
  statement of all claims to be made for it including directions for use;
4. If requested by the commissioner a full description  of  the  tests
  made  and  their results upon which the claims are based. In the case of
  registration of a pesticide which has been registered for  the  previous
  year,  a  statement  shall  be required only with respect to information
  which is different from that  furnished  when  the  pesticide  was  last
  registered; and
5.  For  restricted use pesticides, if requested by the commissioner a
  Spanish or other language translation of the label including  directions
  for use.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0705 - Fee for Registration.

§ 33-0705. Fee for registration.
The applicant for registration shall pay a fee as follows:
a.  Six  hundred dollars for each pesticide proposed to be registered,
  provided that the applicant has submitted to the department proof in the
  form of a federal income tax return for the previous year showing  gross
  annual  sales,  for  federal  income tax purposes, of three million five
  hundred thousand dollars or less; and
b. For all others, six  hundred  twenty  dollars  for  each  pesticide
  proposed to be registered.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0707 - Disclosure of Pesticide Formulas.

§ 33-0707. Disclosure of pesticide formulas.
The commissioner, whenever he deems it necessary in the administration
  of  subdivisions  1 through 5 inclusive of section 33-0303 and titles 5,
  7, 11, 13 and 15 of this article, may  require  the  submission  of  the
  complete  formula  of  any  pesticide. Notwithstanding the provisions of
  this article, information relative to formulas of products  acquired  by
  authority  of  this  section  may be revealed, when necessary under this
  section, to an advisory committee, or to any federal or state department
  or agency consulted, or at a public hearing,  or  in  findings  of  fact
  issued by the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0709 - Requirements for Registration.

§ 33-0709. Requirements for registration.
If  it  appears  to  the  commissioner  that  the  composition  of the
  pesticide is such as to warrant the proposed claims for it, and  if  the
  pesticide  and  its labeling and other material required to be submitted
  comply with the requirements of this  article,  he  shall  register  the
  pesticide.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0711 - Procedure When Registration Is Denied.

§ 33-0711. Procedure when registration is denied.
If  the  commissioner shall decide that the pesticide does not warrant
  the proposed claims for it or if the  pesticide  and  its  labeling  and
  other  material  required  to  be  submitted  do  not  comply  with  the
  provisions  of  this  article,  he  shall  notify  the   applicant   for
  registration  of  the  manner in which the pesticide, labeling, or other
  material required to be submitted fail to comply with this article so as
  to  afford  the  registrant  an  opportunity  to  make   the   necessary
  corrections.  If,  upon  receipt  of  such  notice,  the  applicant  for
  registration does not  make  the  corrections,  the  commissioner  shall
  refuse  to  register  the article, and shall notify the applicant of his
  action and the reasons for his  refusal.  Whenever  an  application  for
  registration is refused, the applicant, within thirty days after service
  of  notice  of  such  refusal,  may  file a petition requesting that the
  matter be referred to an  advisory  committee  or  file  objections  and
  request a public hearing in accordance with section 33-0717.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0713 - Cancellation of Registration.

§ 33-0713. Cancellation of registration.
1.  The  commissioner,  in accordance with the procedures specified in
  this article may cancel the registration of a pesticide whenever it does
  not appear that the article or its labeling or other  material  required
  to be submitted complies with the provisions of this article.
2.  Whenever  the  commissioner  determines  that  registration  of  a
  pesticide should be canceled, he shall  notify  the  registrant  of  his
  action and the reasons therefor.
3. A cancellation of registration shall be effective thirty days after
  service  of  the foregoing notice unless within such time the registrant
  (a) makes the necessary corrections; (b)  files  a  petition  requesting
  that  the  matter  be  referred  to  an advisory committee; or (c) files
  objections and requests a public hearing.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0714 - Water Quality Monitoring for Pesticides.

§  33-0714. Water quality monitoring for pesticides.
The  department,  in  coordination  with  the United States Geological
  Survey National Water Quality Assessment Program,  the  New  York  State
  Water  Resources  Institute,  and  other  parties, shall conduct a water
  quality monitoring program to provide an adequate understanding  of  the
  health  and  environmental  impacts  of  pesticide use in the state. The
  department shall utilize this program, as it deems necessary, in: making
  pesticide   registration   decisions;    reviewing    suspensions    and
  cancellations of pesticide registrations in the state; and assessing the
  status,  trends,  and  health  impacts of any pesticide contamination of
  ground and surface waters on Long Island and throughout the state.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0715 - Advisory Committees.

§ 33-0715. Advisory committees.
1.  The  commissioner on his own motion, may at any time refer matters
  concerning registration of pesticides or the suspension or  cancellation
  of  such registration, to an advisory committee. Each advisory committee
  shall be composed of experts, qualified in the  subject  matter  and  of
  adequately   diversified   professional   background   selected  by  the
  department and shall include one or more representatives from the  state
  college  of  agriculture.  The  committee shall not have more than seven
  members. Advisory committee members shall not receive a salary or  other
  compensation,  but shall be reimbursed for their necessary traveling and
  subsistence expenses while serving away from their places of  residence.
  All  costs may be assessed against the petitioner, unless the matter was
  referred to the advisory committee upon the motion of  the  commissioner
  without  a  petition.  The commissioner shall furnish the committee with
  adequate  clerical  and  other  assistance,  and  shall  by  rules   and
  regulations prescribe the procedures to be followed by the committee.
2. Whenever the applicant or registrant requests an advisory committee
  hearing  or the commissioner determines that a matter should be referred
  to an advisory committee, the commissioner shall submit the  application
  for  registration of the article and all relevant data before him to the
  committee forthwith. The petitioner, as well as representatives  of  the
  department  shall have the right to consult with the advisory committee.
  As soon as practicable after any such submission,  but  not  later  than
  sixty  days,  the  committee  shall, after independent study of the data
  submitted by  the  commissioner  and  all  other  pertinent  information
  available  to it, submit a report and recommendation to the commissioner
  as to the registration of the article, together with all underlying data
  and a statement of the reasons or basis for the  recommendations.  After
  due  consideration  of  the  views  of  the committee and all other data
  before him the commissioner shall, within ninety days after  receipt  of
  the  report  and  recommendations  of  the  advisory committee, make his
  determination and issue an order, with findings of fact, with respect to
  registration of the article and notify the applicant for registration or
  registrant  of  his  decision.  The  applicant  for   registration,   or
  registrant,  may  file  objections  and  request a public hearing within
  sixty days  from  the  date  of  the  commissioner's  order  made  after
  receiving the report and recommendations of the advisory committee.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0717 - Public Hearing Regarding Registration.

§ 33-0717. Public hearing regarding registration.
In the event a hearing is requested, the commissioner shall, after due
  notice,  hold  a  public  hearing  for the purpose of receiving evidence
  relevant and material to the issues  raised  by  the  objections.    Any
  report,  recommendations,  underlying data, and reasons certified to the
  commissioner by an advisory committee shall be made a part of the record
  of  the  hearing,  if  relevant  and  material.  Upon  request  of   the
  commissioner,  petitioner,  or  hearing  officer, the advisory committee
  shall designate one of its members to appear and testify at the  hearing
  with  respect  to  its  report  and  recommendations. However, any other
  member of the advisory committee may also  appear  and  testify  at  the
  hearing.  As  soon  as  practicable after completion of the hearing, the
  commissioner shall evaluate the data and reports before  him,  act  upon
  the  objections  and  issue an order granting, denying, or canceling the
  registration. Such order shall be based only on substantial evidence  of
  record   at   such   hearing,  including  any  report,  recommendations,
  underlying data, and reason certified to the commissioner by an advisory
  committee, and shall set forth detailed findings of fact upon which  the
  order  is based. In connection with consideration of any registration or
  application for registration under this section,  the  commissioner  may
  consult with any federal agency or any other state department or agency.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0719 - Suspension of Pesticide Registration.

§ 33-0719. Suspension of pesticide registration.
Notwithstanding  any other provision of this article, the commissioner
  may, by order, suspend the registration of a pesticide immediately  when
  he  finds that such action is necessary to prevent an imminent hazard to
  the public or any other non-target organism.   In such  case,  he  shall
  give  the  registrant  prompt  notice  of  such  action  and  afford the
  registrant the opportunity to have the matter submitted to  an  advisory
  committee and for an expedited hearing under this article.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0721 - Judicial Review.

§ 33-0721. Judicial review.
Final  orders of the commissioner under this title shall be subject to
  review under article 78 of the Civil Practice Law and  Rules  instituted
  within  thirty  days  after receipt by the applicant for registration or
  registrant of the commissioner's order.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0723 - Experimental Use Permits.

§ 33-0723. Experimental use permits.
1. The commissioner is hereby authorized to apply to the United States
  environmental  protection  agency  for certification pursuant to section
  five of the Federal Insecticide, Fungicide and Rodenticide Act of  1972,
  as  amended,  to  issue  experimental  use  permits, and to establish by
  regulation any  requirements  as  are  necessary  to  qualify  for  such
  certification.
2.  After  certification  by  the  administrator  of the United States
  environmental protection agency to issue experimental use  permits,  the
  commissioner  is  hereby  authorized  to  issue such permits as shall be
  required for the shipment, delivery, or use of a pesticide product which
  is to be tested to determine the scope of limitations of its  usefulness
  and  the  effect  of  its  use  on  human life and the environment. Such
  permits may be issued for products for use only in experimental programs
  under the supervision of qualified persons and broad scale testing under
  normal conditions of use. The commissioner may require such  information
  and  data  concerning the product and the proposed testing program as is
  deemed necessary to make determinations on the merits of the  pesticides
  being tested.
3.  The  commissioner is authorized to exempt from the requirement for
  experimental use permits substances or mixtures of substances  in  early
  research stages such as those being put through laboratory or greenhouse
  tests  or  limited  scale field trials or other tests for the purpose of
  determining pesticide value and from which the user does not  expect  to
  receive any benefit in pest control.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 7 - Registration of Pesticides › 33-0725 - Approved Agricultural Uses.

§ 33-0725. Approved agricultural uses.
A  pesticide shall be used in accordance with its labeling. Unless the
  labeling specifically prohibits such use, a pesticide registered for use
  in New York state may be  used  for  agricultural  purposes  only  in  a
  dosage,  concentration  or  frequency  less  than  that specified on the
  labeling.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 9 - Permits and Certification › 33-0903 - Purchase Permits.

§ 33-0903. Purchase permits.
1.  A purchase permit or certification identification card is required
  for the purchase, possession or use of a restricted use pesticide.
2. Any person  desiring  such  a  permit  shall  file  an  application
  containing  such  information required by the commissioner and in a form
  prescribed by the  commissioner.  The  commissioner  shall  examine  the
  application  and  shall  issue  or  refuse to issue the permit requested
  therein. The commissioner shall not  issue  a  permit  to  so  purchase,
  possess  or  use  a  particular  pesticide if there is a reasonably less
  dangerous alternative available capable of performing the task required.
  The commissioner shall impose whatever restrictions or conditions on the
  permit he deems  appropriate  in  order  to  fully  protect  the  public
  interest.
3.  Upon  the purchase by a purchase permit holder of a restricted use
  pesticide he shall present his purchase permit and have it cancelled  by
  the  commercial  permit  holder  selling the pesticide in a manner to be
  prescribed by the commissioner.
4. The reasons for the denial of an application  or  revocation  of  a
  permit  may  include,  but  not  be  limited  to, the commissioner being
  satisfied of one or more of the following:
a. That any statement in the application or upon which the permit  was
  issued, is or was false or misleading;
b.  That the applicant or permit holder failed to justify his need for
  the quantity and types of restricted use pesticides requested;
c. That the applicant  or  permit  holder  stored,  applied,  used  or
  disposed  of  any  pesticide contrary to the registered labeled usage or
  contrary to the conditions specified in his permit;
d. That the applicant or permit holder has failed to comply  with  any
  provisions  of  this  article or rules and regulations of the department
  made pursuant thereto; or
e. That the applicant or permit holder has failed to demonstrate  that
  he  has  sufficient  knowledge and experience concerning the proper use,
  application and disposal of pesticides.
5. A formal hearing shall  not  be  required  and  the  commissioner's
  decision  in  denying  or  revoking  a  permit shall be final unless the
  applicant or permit holder institutes a review within the  time  and  in
  the manner prescribed by article 78 of the Civil Practice Law and Rules.
6.  The  commissioner  is  authorized to exempt holders of a pesticide
  applicator certification from the requirement of  obtaining  a  purchase
  permit  as provided for herein. Such exemption shall apply only to those
  restricted use pesticides designated by the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 9 - Permits and Certification › 33-0907 - Pesticide Business and Agency Registration.

§ 33-0907. Pesticide business and agency registration.
1.  Any  pesticide business or agency as defined in this article shall
  register with the commissioner.
2. Applications for pesticide business or agency registration shall be
  made to the commissioner. The application shall be on a form  prescribed
  by   the   commissioner  and  shall  provide  such  information  as  the
  commissioner shall require.
3. An applicant for pesticide business or  agency  registration  shall
  satisfy  standards, as determined by the commissioner to be appropriate,
  with respect to knowledge and experience concerning the proper  use  and
  application of pesticides and pesticide equipment.
4. Business or agency registration shall be valid for three years.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 9 - Permits and Certification › 33-0909 - Denial or Revocation of Certification or Registration.

§ 33-0909. Denial or revocation of certification or registration.
1. The commissioner, after due notice and opportunity of hearing to an
  applicant,  certified  applicator,  or  registered pesticide business or
  agency, may deny an application or revoke a certificate or  registration
  upon a determination that:
a.  any  statement in the application or upon which the certificate or
  registration was issued is or was false or misleading;
b. the applicant or certified  applicator  has  been  convicted  of  a
  felony;
c.  the  applicant,  certified  applicator,  or registered business or
  agency applied or used any pesticide contrary to  the  registered  label
  usage;
d.  the  applicant,  certified  applicator,  or registered business or
  agency has engaged in fraudulent business practices in  the  application
  of pesticides;
e.  the  applicant,  certified  applicator,  or registered business or
  agency has failed to comply with any provision of this article or  rules
  and regulations of the department made pursuant thereto; or
f.  the  applicant  or  certified applicator has failed to demonstrate
  that he has sufficient knowledge and experience  concerning  the  proper
  use and application of pesticides.
2.  The commissioner's determination to refuse or revoke certification
  or registration shall be final unless the aggrieved party  institutes  a
  proceeding  under  article  seventy-eight  of the civil practice law and
  rules within thirty days of service on him by  personal  service  or  by
  certified mail of the commissioner's order.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 9 - Permits and Certification › 33-0911 - Certification and Registration Fees.

§ 33-0911. Certification and registration fees.
1. Every applicant for pesticide applicator certification shall pay an
  examination fee of one hundred dollars for each examination.
2.  Fees  for pesticide applicator certification shall be four hundred
  fifty dollars for commercial pesticide applicator certification  in  one
  individual  category,  one  hundred  fifty  dollars  for each additional
  category and one hundred fifty dollars for each additional  sub-category
  chosen.  For  private  applicators  a fee of twenty-five dollars for the
  initial certified private applicator and  five  dollars  for  subsequent
  applicators on the same farm or business shall be charged at the time of
  initial certification, renewal of certification or recertification.
3.  Pesticide  businesses shall pay a registration fee of nine hundred
  dollars. When the applicant regularly maintains or  operates  more  than
  one  business  address a fee may be required for each of the applicant's
  business addresses in the state. Any agency which  is  a  state  agency,
  municipal corporation, public authority, or college shall be exempt from
  any fee for registration.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 9-A - Special Permits and Certification for Commerical Application of Aquatic Antifouling Paints › 33-0920 - Definitions.

§ 33-0920. Definitions.
For the purposes of this title:
1.  "Aquatic  antifouling  paint  application  business"  shall mean a
  business that commercially applies aquatic antifouling paints.
2. "Aquatic antifouling paints" are pesticide products used on  vessel
  hulls, boat bottoms, structures and other marine surfaces to inhibit the
  growth of aquatic organisms.
3.   "Application   of  aquatic  antifouling  paint"  shall  mean  the
  commercial application of aquatic antifouling paints.
4. "Aquatic antifouling paint applicator" shall be a person  certified
  by the department pursuant to section 33-0921 of this title.