S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8083
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2017
                                ___________
 
 Introduced  by M. of A. MAGEE -- read once and referred to the Committee
   on Agriculture
 
 AN ACT to amend the agriculture and markets law, in relation to creating
   a solar array pollinator benefit program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "solar array pollinator benefit program".
   § 2. The agriculture and markets law is amended by adding a new  arti-
 cle 29-A to read as follows:
                               ARTICLE 29-A
                        POLLINATOR SUPPORT PROGRAM
 SECTION 520. SOLAR ARRAY POLLINATOR BENEFIT PROGRAM.
   §  520. SOLAR  ARRAY  POLLINATOR  BENEFIT  PROGRAM. 1. AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "POLLINATOR" MEANS AN INSECT OR BIRD THAT  POLLINATES  VEGETATION,
 AND SHALL INCLUDE WILD AND MANAGED INSECTS.
   (B) "NATIVE PERENNIAL VEGETATION" MEANS NATIVE WILDFLOWERS, FORBS, AND
 GRASSES  THAT  SERVE  AS HABITAT, FORAGE, AND MIGRATORY WAY STATIONS FOR
 POLLINATORS, AND SHALL NOT INCLUDE ANY PROHIBITED OR REGULATED  INVASIVE
 SPECIES AS DETERMINED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION IN
 CONSULTATION WITH THE DEPARTMENT.
   (C)  "SOLAR SITE" MEANS A GROUND-MOUNTED SOLAR ENERGY SYSTEM THAT IS A
 MINIMUM OF ONE ACRE IN SIZE.
   (D) "OWNER" MEANS A PUBLIC OR PRIVATE ENTITY THAT  HAS  A  CONTROLLING
 INTEREST  IN  THE  SOLAR  SITE  OR  THE  LAND ON WHICH THE SOLAR SITE IS
 LOCATED.
   (E) "VEGETATION  MANAGEMENT  PLAN"  MEANS  A  PLANNING  DOCUMENT  THAT
 INCLUDES  SHORT-  AND  LONG-TERM  SITE  MANAGEMENT  PRACTICES  THAT WILL
 PROVIDE AND MAINTAIN NATIVE PERENNIAL VEGETATION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11674-02-7
              

 A. 8083                             2
 
   2. AN OWNER OF A SOLAR SITE MAY ONLY MAKE A  PUBLIC  CLAIM  THAT  SUCH
 SITE  PROVIDES  BENEFITS  TO  POLLINATORS IF SUCH OWNER DEVELOPS A VEGE-
 TATION MANAGEMENT PLAN THAT MEETS OR EXCEEDS  MINIMUM  STANDARDS  ESTAB-
 LISHED BY THE DEPARTMENT, WHICH SHALL INCLUDE:
   (A)  THE PERCENTAGE OF THE SOLAR SITE THAT WILL BE COVERED WITH NATIVE
 PERENNIAL VEGETATION;
   (B) THE TYPE, AMOUNT, AND DIVERSITY  OF  NATIVE  PERENNIAL  VEGETATION
 THAT WILL BE MAINTAINED ON THE SOLAR SITE;
   (C)  THE  NUMBER OF SEASONS WHERE THERE WILL BE AT LEAST THREE SPECIES
 OF NATIVE PERENNIAL VEGETATION IN BLOOM ON THE SOLAR SITE;
   (D) MAINTENANCE PRACTICES TO BE USED ON THE SOLAR SITE;
   (E) USE OF PESTICIDES ON THE SOLAR SITE;
   (F) WIDTH AND COMPOSITION OF VEGETATION BUFFERS ADJACENT TO THE  SOLAR
 SITE; AND
   (G) ANY OTHER STANDARDS ESTABLISHED BY THE COMMISSIONER.
   3.  BEFORE AN OWNER MAY MAKE A PUBLIC CLAIM THAT A SOLAR SITE PROVIDES
 BENEFITS TO POLLINATORS, SUCH OWNER MUST SUBMIT A VEGETATION  MANAGEMENT
 PLAN  THAT  IS  APPLICABLE  TO  SUCH SITE, AND THAT MEETS OR EXCEEDS THE
 MINIMUM STANDARDS IN SUBDIVISION TWO OF THIS SECTION, TO THE DEPARTMENT,
 WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC.
   4. NOTHING IN THIS SECTION SHALL RESTRICT ANY FARMING PRACTICES ON ANY
 LAND ADJACENT TO A SOLAR SITE THAT HAS BEEN DETERMINED TO PROVIDE  BENE-
 FITS TO POLLINATORS.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.