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Assembly approves local option to restrict pesticide application in freshwater wetlands
Summary
Lawmakers approved a measure allowing municipalities that have adopted local freshwater wetlands laws to further prohibit pesticide applications in wetlands hydrologically connected to public water supplies; sponsors said it protects drinking water, opponents warned of a patchwork of local rules.
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The Assembly approved legislation allowing municipalities that already have local freshwater wetlands laws to adopt further laws prohibiting pesticide applications in wetlands they regulate, limited to wetlands hydrologically connected to public water supplies. The bill passed on the floor by a recorded vote of 95–48.
Sponsor Assemblymember Burdick said the measure narrows prior versions and contains exemptions, including an explicit carve‑out for pesticides used in farm operations as defined in Agriculture and Markets Law and for invasive species control. “The most recent changes… limit the application to only those wetlands which are hydrologically connected to any public water supply,” the sponsor said, and noted exemptions for farm operations and for invasive species control.
Opponents, including representatives of agribusiness and forestry associations (opposition letters were cited on the floor), warned the bill could create a patchwork of local rules, impose burdens on farmers and forest products businesses, and leave smaller municipalities with limited technical resources to make hydrologic determinations. One member said, “This will create a patchwork of regulations and interpretations,” and urged colleagues to consider the concerns of farmers and small towns.
The sponsor and supporters said the bill is optional for municipalities (a local option) and defended local government capacity to manage wetlands permitting, noting that about 78 municipalities currently have local wetlands laws and that local planning boards often retain consultants to advise on hydrologic connections and delineations.
The Assembly approved the bill; the sponsor said the law aims to protect public water supplies and includes carve‑outs to address earlier concerns.
