S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7017
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the monarch preservation plan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited  as  the  "monarch
 preservation plan".
   §  2. Legislative findings. The legislature hereby finds that over the
 past several decades, the number of monarch butterflies in North America
 has steeply declined. The great migration of the  eastern  monarchs  has
 been  named  a  "threatened  phenomenon"  by the International Union for
 Conservation of Nature and Natural Resources (IUCN).  As  of  2014,  the
 monarch  population has declined from approximately one billion butterf-
 lies to 35 million, around 90% since 1990.
   Major threat to  monarchs  include  habitat  loss  and  fragmentation,
 changes  in  climate  and  extreme  weather, pesticides, herbicides, and
 genetically modified crops, invasive species, disease and natural preda-
 tors.
   Actively restoring native milkweed and nectar plants, and other polli-
 nator habitat,  and  ensuring  that  key  habitats  are  protected  from
 destruction,  are  critical to ensuring the survival of monarch butterf-
 lies and can also help facilitate conservation of other essential polli-
 nators.  Enhancing pollinator populations can result in  improved  poll-
 ination   services  for  neighboring  land,  including  agriculture  and
 wildlife ecosystems.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 11-0541 to read as follows:
 § 11-0541. MONARCH PRESERVATION PLAN.
   1.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPART-
 MENT SHALL TAKE FEASIBLE ACTIONS TO CONSERVE MONARCH BUTTERFLIES AND THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05049-01-3
              

 A. 7017                             2
 
 UNIQUE HABITATS THEY DEPEND UPON FOR SUCCESSFUL MIGRATION. THESE ACTIONS
 MAY INCLUDE, BUT ARE NOT LIMITED TO, HABITAT RESTORATION  ON  DEPARTMENT
 LANDS,  EDUCATION  PROGRAMS, AND VOLUNTARY AGREEMENTS WITH PRIVATE LAND-
 OWNERS.  THE  DEPARTMENT  MAY PARTNER WITH FEDERAL AGENCIES, STATE AGEN-
 CIES, NONPROFIT ORGANIZATIONS, ACADEMIC  PROGRAMS,  PRIVATE  LANDOWNERS,
 AND  OTHER  ENTITIES THAT UNDERTAKE ACTIONS TO CONSERVE MONARCH BUTTERF-
 LIES AND AID THEIR SUCCESSFUL MIGRATION,  INCLUDING  THE  MONARCH  JOINT
 VENTURE.  WHEN  UNDERTAKING  ACTIONS TO CONSERVE MONARCH BUTTERFLIES AND
 THEIR HABITATS PURSUANT TO THIS SECTION, THE DEPARTMENT  SHALL  USE  THE
 BEST AVAILABLE SCIENCE AND CONSIDER, AS APPROPRIATE AND FEASIBLE, ALL OF
 THE FOLLOWING:
   A.   RESTORING  OR  REVEGETATING  MONARCH  CATERPILLAR  HABITAT  USING
 REGIONALLY OR LOCALLY APPROPRIATE NATIVE  MILKWEED  SPECIES  AND  NATIVE
 NECTAR PLANT SPECIES;
   B.  CONTROLLING  NONNATIVE  WEED SPECIES THAT THREATEN NATIVE MILKWEED
 SPECIES, AND CONTROLLING PESTS AND DISEASE, USING CURRENT  BEST  MANAGE-
 MENT  PRACTICES  CONSISTENT  WITH  INTEGRATED PEST MANAGEMENT PRINCIPLES
 THAT POSE LOW RISK TO MONARCH BUTTERFLIES AND THEIR HABITAT;
   C. CONTROLLING PEST  MANAGEMENT  PRACTICES  THAT  MAY  BE  HARMFUL  TO
 MONARCH BUTTERFLIES, THEIR FOOD OR THEIR HABITAT;
   D.  INCORPORATING  DIVERSE  TREE SPECIES, STRUCTURES, AND ARRANGEMENTS
 WHEN RESTORING OR ESTABLISHING WINTER HABITAT  SITES  TO  MATCH  MONARCH
 BUTTERFLY  PREFERENCES FOR TEMPERATURE, LIGHT, MOISTURE, WIND, AND OTHER
 MICROCLIMATE CHARACTERISTICS; AND
   E. INCREASING THE NUMBER OF PARTNERSHIPS AND MAKING THE MOST OF  PART-
 NERSHIPS TO USE RESIDENTIAL AND INSTITUTIONAL LANDSCAPED AREAS, AGRICUL-
 TURAL  NON-CROPPED  LANDS,  TRANSPORTATION  CORRIDORS,  AND CONSERVATION
 EASEMENTS TO CREATE, RESTORE, OR ENHANCE MONARCH BUTTERFLY HABITAT.
   2. A. THE  MONARCH  BUTTERFLY  AND  POLLINATOR  RESCUE  PROGRAM  ("THE
 PROGRAM") IS HEREBY ESTABLISHED AND SHALL BE ADMINISTERED BY THE DEPART-
 MENT.    FUNDING  FOR THE PROGRAM SHALL BE MADE AVAILABLE TO THE PROGRAM
 FROM THE CONSERVATION FUND ESTABLISHED BY SECTION  EIGHTY-THREE  OF  THE
 STATE  FINANCE  LAW AND FROM THE HABITAT CONSERVATION AND ACCESS ACCOUNT
 ESTABLISHED BY SECTION EIGHTY-THREE-A OF THE STATE FINANCE LAW.
   B. THE PROGRAM SHALL PROVIDE GRANTS, WITHIN APPROPRIATIONS  AND  FUNDS
 DESIGNATED THEREFORE, FOR PROJECTS TO RECOVER AND SUSTAIN POPULATIONS OF
 MONARCH  BUTTERFLIES  AND  OTHER  POLLINATORS.   ELIGIBLE RECIPIENTS FOR
 GRANTS UNDER THE PROGRAM INCLUDE PRIVATE LANDOWNERS, NONPROFIT ORGANIZA-
 TIONS, RESOURCE CONSERVATION DISTRICTS,  OR  PUBLIC  AGENCIES.    BEFORE
 DISBURSING A GRANT PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL DEVEL-
 OP  AND  ADOPT  PROJECT SELECTION AND EVALUATION GUIDELINES. SUCH GUIDE-
 LINES SHALL INCLUDE MONITORING AND REPORTING REQUIREMENTS TO HELP ASSESS
 GRANT OUTCOMES, AND REQUIREMENT THAT THE PROJECT DEMONSTRATES THE  CLEAR
 POTENTIAL  TO  CONTRIBUTE  TO  THE  CONSERVATION AND RECOVERY OF MONARCH
 BUTTERFLIES. THESE GUIDELINES SHALL BE MADE PUBLIC WITHIN SIX MONTHS  OF
 THE  ENACTED DATE.   TO ACHIEVE THE PURPOSES OF THE PROGRAM, THE DEPART-
 MENT MAY DO ALL OF THE FOLLOWING:
   (I) PROVIDE GRANTS FOR THE RESTORATION OR ENHANCEMENT  OF  APPROPRIATE
 BREEDING  AND  MIGRATION HABITAT FOR MONARCH BUTTERFLIES AND POLLINATORS
 ON PRIVATE AND PUBLIC LANDS;
   (II) PROVIDE TECHNICAL ASSISTANCE TO GRANT RECIPIENTS, INCLUDING FARM-
 ERS AND RANCHERS, REGARDING RESTORATION  AND  ENHANCEMENT  OF  BREEDING,
 MIGRATION, AND OTHER APPROPRIATE MONARCH BUTTERFLY HABITAT;
   (III) AWARD GRANTS PURSUANT TO THIS SECTION;
   (IV)  PROVIDE  GRANTS  FOR SEASONAL OR TEMPORARY HABITAT IMPROVEMENTS;
 AND
 A. 7017                             3
 
   (V) PROVIDE BLOCK GRANTS IN WHICH SUBALLOCATIONS ARE MADE BY THE GRANT
 RECIPIENT, WITH THE APPROVAL OF THE DEPARTMENT.
   3.   AN APPLICATION FOR A GRANT FOR A PROJECT UNDER THIS SECTION SHALL
 INCLUDE:
   A. A STATEMENT OF THE PURPOSE OF THE PROJECT;
   B. THE NAME OF THE ENTITY WITH OVERALL RESPONSIBILITY FOR THE PROJECT;
   C. A DESCRIPTION OF:
   (I) THE QUALIFICATIONS OF THE ENTITY THAT WILL CONDUCT THE PROJECT;
   (II) METHODS FOR PROJECT IMPLEMENTATION AND OUTCOME ASSESSMENT; AND
   (III) ANTICIPATED OUTCOMES;
   D. INFORMATION THAT DEMONSTRATES THE CLEAR POTENTIAL OF THE PROJECT TO
 CONTRIBUTE TO THE CONSERVATION AND RECOVERY OF  THE  MONARCH  BUTTERFLY;
 AND
   E. ASSURANCES THAT THE CONSERVATION EFFORT WILL NOT INCLUDE THE USE OF
 GLYPHOSATE OR NEONICINTINOID PESTICIDES.
   4.  THE  COMMISSIONER  SHALL ANNUALLY SOLICIT APPLICATIONS FOR PROJECT
 FOR FUNDING UNDER THIS SECTION AND REVIEW EACH PROPOSAL  ON  A  TIMELINE
 THAT  RECOGNIZES  THE  URGENCY  OF  THE  DECLINING MONARCH POPULATION TO
 DETERMINE WHETHER THE PROPOSAL MEETS THE CRITERIA SPECIFIED IN  SUBDIVI-
 SION THREE OF THIS SECTION.
   5.  THE FACT THAT A PROJECT APPLICANT OR LANDOWNER DOES NOT ENTER INTO
 A VOLUNTARY AGREEMENT  TO  PROTECT  MONARCH  BUTTERFLIES  SHALL  NOT  BE
 GROUNDS  FOR DENYING A PERMIT OR AGREEMENT OR REQUIRING ADDITIONAL MITI-
 GATION BEYOND WHAT WOULD BE REQUIRED TO MITIGATE PROJECT  IMPACTS  UNDER
 OTHER APPLICABLE LAWS.
   6. NOT LATER THAN DECEMBER THIRTY-FIRST OF EACH YEAR, THE COMMISSIONER
 SHALL  PREPARE  A REPORT DETAILING THE PROGRESS OF THE MONARCH PRESERVA-
 TION PLAN AND THE MONARCH BUTTERFLY AND POLLINATOR RESCUE  PROGRAM,  THE
 STATUS  OF  THE EASTERN MONARCH BUTTERFLY, A SUMMARY OF THE PROJECTS FOR
 WHICH THE COMMISSIONER HAS PROVIDED FUNDING, AND AN EVALUATION OF  THOSE
 PROJECTS,  AS  WELL  AS  ANY PLANNED OR ANTICIPATED REGULATORY OR POLICY
 CHANGES WHICH MAY AFFECT THE MONARCH MANAGEMENT.   THE REPORT  SHALL  BE
 DELIVERED  TO  THE CHAIRPERSONS OF THE ASSEMBLY AND SENATE COMMITTEES ON
 ENVIRONMENTAL CONSERVATION.
   § 4. This act shall take effect immediately.