Governor Hochul Vetoes Two Water Regulation Bills

Provided by Julie Marlette, Hinman-Straub

Earlier this month, Governor Hochul vetoed two NEAFA opposed bills related to the oversight and application of certain pesticides to specified wetlands and reclassified some waterways and regulated them as streams. 

The first S.5957, Harckham/A.5949, Burdick (Veto 81 of the laws of 2023) would have prohibited the application of pesticides to certain local freshwater wetlands under the jurisdiction of local governments that have implemented a freshwater wetlands protection law. This proposal, also vetoed last year, would undermine the integrity of Department of Environmental Conservation’s pesticide management program, which is based on extensive scientific review and submission of supporting data. In addition, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) provides New York State with the ability to conduct its pesticide program through cooperative agreements with the United States Environmental Protection Agency (EPA). Concerns have been raised that adoption of this legislation would undermine this arrangement and the State’s ability to continue to regulate pesticide use in this way. NEAFA sought a veto of this legislation.

In addition, the Governor again vetoed S.1725-A, Harckhsm/A.4601-A, (Veto 70 of the Laws of 2023) Glick which would have reclassified certain class “C” waterways as streams and subject them to the same rules and oversight.  This is the third time this bill has been vetoed. 

In both of these instances to Governor cited her administration’s commitment to clean water and state regulation of such – deeming these proposed changes costly and unnecessary.

At this time, the proposed ban on the use of treated seeds (neonics) has not been delivered to the Governor for action. 

Link to Veto Message 81 of the Laws of 2023

Link to Veto Message 70 of the Laws of 2023