S T A T E   O F   N E W   Y O R K
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                                   843

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the agriculture and markets law, in relation  to  estab-
  lishing  the  Phytophthora  research  program  at  the  New York state
  college of agriculture and life sciences, and making an  appropriation
  therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 169-e to read as follows:
  S 169-E. PHYTOPHTHORA RESEARCH PROGRAM. 1. LEGISLATIVE INTENT.  PHYTO-
PHTHORA BLIGHT, CAUSED BY THE PATHOGEN PHYTOPHTHORA CAPSICI, IS A DEVAS-
TATING  DISEASE  OF  MANY  SOLANACEOUS (PEPPER, EGGPLANT AND TOMATO) AND
CUCURBIT (SQUASH, MELON, CUCUMBER, GOURD AND PUMPKIN) CROPS.  THE  INCI-
DENCE  OF  PHYTOPHTHORA BLIGHT HAS INCREASED AND CAUSED SEVERE LOSSES IN
SHORT PERIODS OF TIME ACROSS THE STATE IN RECENT YEARS,  MAKING  GROWERS
HIGHLY  VULNERABLE  TO  EXTENSIVE  CROP  LOSS  AND ECONOMIC HARDSHIP. BY
EXTENSION, FOOD PROCESSING AND MANUFACTURING INDUSTRIES  THAT  REGULARLY
PURCHASE LARGE VOLUMES OF PRODUCE GROWN IN THIS STATE COULD BE NEGATIVE-
LY  IMPACTED  AND  SUBSEQUENTLY  SEEK OUT-OF-STATE INGREDIENTS FOR THEIR
PRODUCTS. THE LEGISLATURE  FINDS  THAT  A  TARGETED  DISEASE  MANAGEMENT
RESEARCH  PROGRAM TO COMBAT AND CONTROL PHYTOPHTHORA BLIGHT IS NECESSARY
TO ENSURE THE CONTINUED VIABILITY OF THE STATE'S AGRICULTURAL  PRODUCERS
AND  MANUFACTURERS,  SERVING  AS  A  FOUNDATION FOR THE DEVELOPMENT OF A
MULTI-COMPONENT DISEASE MANAGEMENT STRATEGY FOR GROWERS  OF  SOLANACEOUS
AND CUCURBIT CROPS IN THE STATE.
  2. PHYTOPHTHORA RESEARCH PROGRAM. THE PHYTOPHTHORA RESEARCH PROGRAM IS
HEREBY ESTABLISHED AT THE NEW YORK STATE COLLEGE OF AGRICULTURE AND LIFE
SCIENCES  AT  CORNELL  UNIVERSITY  TO EXPAND UNDERSTANDING OF THE PHYTO-
PHTHORA CAPSICI PATHOGEN AS WELL AS OTHER SPECIES OF PHYTOPHTHORA DEEMED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03435-01-1

S. 843                              2

TO BE A THREAT BY THE COMMISSIONER. FUNDS MADE AVAILABLE THROUGH  APPRO-
PRIATION  TO  THE  PHYTOPHTHORA  RESEARCH  PROGRAM  SHALL BE UTILIZED TO
DEVELOP AN APPLIED RESEARCH FACILITY FOR THE ADVANCEMENT OF PHYTOPHTHORA
RESEARCH.  SUCH  FACILITY  SHALL  INCLUDE  QUARANTINED FIELD SITES TO BE
LOCATED AWAY FROM  PRIVATELY  OR  PUBLICLY  OWNED  FIELDS  USED  IN  THE
PRODUCTION  OF  ANY PRODUCT SUSCEPTIBLE OR CAPABLE OF HOSTING, TRANSMIT-
TING OR OTHERWISE CONTRIBUTING TO THE PROLIFERATION OF THE  PHYTOPHTHORA
BLIGHT  PATHOGEN. THE PHYTOPHTHORA RESEARCH PERFORMED SHALL INCLUDE, BUT
NOT BE LIMITED TO:
  (A) IDENTIFICATION OF DISEASE-RESISTANT CULTIVARS AND CONTROL  STRATE-
GIES FOUND TO BE EFFECTIVE IN THIS STATE;
  (B)  BASIC  RESEARCH TO UNDERSTAND INTERACTIONS THAT OCCUR BETWEEN THE
PHYTOPHTHORA CAPSICI PATHOGEN AS  WELL  AS  OTHER  PHYTOPHTHORA  SPECIES
DEEMED A THREAT AND SUSCEPTIBLE HOST PLANTS; AND
  (C)  DEVELOPMENT  OF  A  DISEASE  MANAGEMENT  STRATEGY THAT INTEGRATES
INFORMATION GAINED THROUGH APPLIED AND BASIC RESEARCH.
  S 2. The sum of two million twenty thousand dollars  ($2,020,000),  or
so  much  thereof  as  may  be  necessary, is hereby appropriated to the
department of agriculture and markets out of any  moneys  in  the  state
treasury  in  the  general  fund  to  the  credit  of the state purposes
account, not otherwise appropriated, for the purpose of providing  funds
to  the  Phythophthora  research program established pursuant to section
169-e of the agriculture and markets law, as added  by  section  one  of
this  act.  Such moneys shall be disbursed over a period of ten years as
follows: three hundred ten thousand dollars ($310,000) in the first year
and one hundred ninety thousand dollars ($190,000) in each of  the  nine
years  following  the  first  year.  Such moneys shall be payable to the
department of agriculture and markets on audit and warrant of the  state
comptroller  on  vouchers  certified  or approved by the commissioner of
agriculture and markets.
  S 3. This act shall take effect immediately.