S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8153
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   establishing the New York native plants program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative  intent.  The  legislature  finds that native
 plants and ecology are under threat due to habitat destruction,  modifi-
 cation,   and  curtailment.  The  state's  ecology  is  likewise  facing
 increased competition from invasive species and additional stress due to
 climate change. The state has a responsibility to conserve  and  enhance
 the  native  ecological  health  of  the state which directly influences
 public health, agricultural efficacy, economic activity, and recreation-
 al enjoyment.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 9-0114 to read as follows:
 § 9-0114. NATIVE PLANT PROGRAM.
   1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
   (A)  "NATIVE  PLANTS"  SHALL  MEAN  PLANTS  WHOSE  KNOWN  NATIVE RANGE
 INCLUDES ALL OR PART OF NEW YORK STATE AND ITS PROXIMATE ECOREGION.
   (B) "NATIVE RANGE" SHALL MEAN AN ECOREGION WHICH A PLANT  HAS  HISTOR-
 ICALLY  BEEN  FOUND IN OR WHICH HAS ADAPTED TO IN THE CONTEXT OF CLIMATE
 CHANGE AND WHICH IS NON-INVASIVE TO NORTH AMERICA, SUCH AS PLANTS NATIVE
 TO THE MID-ATLANTIC ECOREGION.
   (C) "POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, TOWN, CITY, DISTRICT,
 OR VILLAGE OF THE STATE.
   (D) "SOIL ECOLOGY RESTORATION PRACTICES" SHALL  MEAN  LAND  MANAGEMENT
 THAT IMPROVES SOILS THROUGH ACTIONS THAT:
   (I)  FOLLOW  THE  PRINCIPLES OF: MINIMIZING SOIL DISTURBANCE FROM SOIL
 PREPARATION; MAXIMIZING SOIL VEGETATION COVER; MAXIMIZING THE  DIVERSITY
 OF BENEFICIAL SOIL ORGANISMS; INCREASING SOIL CARBON CONTENT AND SEQUES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13352-01-3
              

 A. 8153                             2
 
 TRATION CAPACITY; MAXIMIZING THE PRESENCE OF LIVING ROOTS; AND INTEGRAT-
 ING NATIVE ANIMALS INTO LAND MANAGEMENT; AND
   (II)  INCLUDE  SUCH  PRACTICES  AS:  CONSERVATION  TILLAGE OR NO-TILL;
 PRECISION NITROGEN AND PHOSPHORUS APPLICATION; LAND  MANAGEMENT  THROUGH
 GRAZING; INTEGRATED PEST MANAGEMENT; NUTRIENT BEST MANAGEMENT PRACTICES;
 AND THOSE PRACTICES RECOMMENDED BY THE UNITED STATES DEPARTMENT OF AGRI-
 CULTURE  NATURAL  RESOURCES CONSERVATION SERVICES AND THAT ARE SUPPORTED
 BY THE STATE SOIL AND WATER CONSERVATION COMMITTEE.
   (E) "XERISCAPE" SHALL MEAN LANDSCAPES THAT  CONSERVE  WATER,  MINIMIZE
 USE  OF PESTICIDES AND FERTILIZERS, PROTECT THE NATURAL ENVIRONMENT, ARE
 ADAPTABLE TO LOCAL CONDITIONS, AND WHICH ARE  DROUGHT  TOLERANT  THROUGH
 ACTIONS  THAT  FOLLOW  THE  PRINCIPLES OF THE ENVIRONMENTAL PLANNING AND
 DESIGN OF LANDSCAPES WITH APPROPRIATE CHOICE  OF  NATIVE  PLANTS,  TOPO-
 GRAPHIC  FEATURES,  SOIL  ANALYSIS AND CARE WHICH MAY INCLUDE THE USE OF
 WASTE COMPOST, PRACTICAL  USE  OF  TURF,  EFFICIENT  NATURAL  IRRIGATION
 FEATURES,  SELECTIVE  USE  OF MULCHES, AND APPROPRIATELY LIMITED MAINTE-
 NANCE AS DESIGNED FOR COST AND RESOURCE SAVING.
   (F) "ECOREGION" SHALL MEAN AREAS OF GENERAL SIMILARITY  IN  ECOSYSTEMS
 AND  IN  THE TYPE, QUALITY, AND QUANTITY OF ENVIRONMENTAL RESOURCES, AND
 THAT ARE DEFINED BY DISTINCTIVE GEOGRAPHY AND SIMILAR CLIMATE.
   (G) "SEED OR PLANT PROVENANCE" SHALL MEAN THE SPECIFIED AREA IN  WHICH
 THE SEED OR PLANTS PRODUCED FROM THE SEED WERE LOCATED OR WERE DERIVED.
   (H) "GREENSPACE" SHALL MEAN PUBLIC LAND INCLUDING STATE OR MUNICIPALLY
 OWNED,  MANAGED,  OR ADMINISTERED RECREATIONAL SPACES, PARKS, PRESERVES,
 MEDIANS AND VERGES, AND GARDENS THAT ARE DESIGNATED FOR  NON-COMMERCIAL,
 NON-RESIDENTIAL,  OR  NON-AGRICULTURAL  USE  WITH  THE PURPOSE OF PUBLIC
 RECREATION, ECOLOGICAL CONSERVATION OR SCIENTIFIC STUDY, AND NATURAL  OR
 CULTIVATED  AESTHETICS.  GREENSPACE  SHALL NOT INCLUDE ZOOS, ARBORETUMS,
 BOTANICAL GARDENS, AQUARIA, OR OTHER SIMILAR INSTITUTIONS WHOSE  EXPRESS
 PURPOSE  IS  TO  EDUCATE  AND  ENGAGE THE PUBLIC OR ENGAGE IN SCIENTIFIC
 RESEARCH.
   2. (A) THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A "NEW YORK NATIVE
 PLANTS PROGRAM" TO IDENTIFY AND PROMULGATE A LIST  OF  NEW  YORK  NATIVE
 PLANTS  APPROPRIATE  FOR  EACH  ECOREGION  IN  THE  STATE WHICH SHALL BE
 LABELED AS SUCH AND ELIGIBLE FOR REBATE.  THE  PURPOSE  OF  THE  PROGRAM
 SHALL BE TO ENCOURAGE AND PROMOTE THE SALE OF NEW YORK NATIVE PLANTS AND
 SEEDS AT RETAIL GARDEN CENTERS AND NURSERIES. THE PROGRAM SHALL INCREASE
 CONSUMER AWARENESS OF THE IMPORTANT ROLE OF NATIVE PLANTS IN THE ECOSYS-
 TEM  THROUGH  ADVERTISING  CAMPAIGNS,  MARKETING  PROGRAMS, AND PUBLICLY
 AVAILABLE INFORMATION ABOUT NEW  YORK  NATIVE  PLANTS.  ELIGIBLE  PLANTS
 SHALL BE LABELED AS "NEW YORK NATIVE PLANTS".
   (B) THE COMMISSIONER MAY OFFER REBATES AT THE POINT-OF-SALE FOR ELIGI-
 BLE NEW YORK NATIVE PLANTS.
   3.  NEW  YORK  NATIVE  PLANTS  SHALL  BE USED IN GREENSPACES EXCEPT AS
 AUTHORIZED PURSUANT TO PARAGRAPHS (G) AND (H) OF THIS  SUBDIVISION,  AND
 THE COMMISSIONER SHALL ENCOURAGE THE USE OF SUCH PLANTS.
   (A) PLANS AND SPECIFICATIONS FOR ANY GREENSPACE, WHERE PRACTICABLE AND
 APPROPRIATE  AS DETERMINED BY THE COMMISSIONER, SHALL REQUIRE THE USE OF
 NATIVE PLANTS.
   (B) APPROPRIATE SITE AND SOIL ANALYSES, AS DETERMINED BY  THE  COMMIS-
 SIONER,  SHALL  BE PERFORMED TO BEST MATCH NATIVE PLANT PREFERENCES WITH
 SITE AND SOIL CONDITIONS.
   (C)  SITE  DESIGN  AND  CONSTRUCTION,  AS  WELL  AS  PLANT  SELECTION,
 CONDUCTED,  FINANCED,  OR  CONTRACTED  WITH  THE STATE SHALL INCORPORATE
 CONSIDERATIONS SUCH AS BIOLOGICAL NEEDS, MINIMAL MAINTENANCE  AND  WATER
 USAGE,  BENEFITS  TO  NATIVE POLLINATORS AND ANIMALS, THE COMPOSITION OF
 A. 8153                             3
 
 PLANT COMMUNITIES AT PROJECT SITES,  PROVENANCE  AND  ECOREGION,  RECRE-
 ATIONAL CAPACITY, AND THE MINIMAL USE OF FERTILIZERS AND PESTICIDES.
   (D) THE COMMISSIONER SHALL PROVIDE TO THE PUBLIC, THROUGH THE INTERNET
 AND BY OTHER MEANS AS APPROPRIATE, PUBLIC ENGAGEMENT EVENTS, SIGNAGE, OR
 OTHER  RELEVANT  INFORMATION,  AS DETERMINED BY THE COMMISSIONER, ON THE
 IMPORTANCE AND ROLE OF NATIVE PLANTS TO NATIVE ECOLOGICAL  HABITATS  AND
 LOCAL COMMUNITIES.
   (E)  OUTDOOR DEMONSTRATION PROJECTS EXHIBITING AND PROMOTING THE BENE-
 FITS OF NATIVE SPECIES AND ENVIRONMENTALLY SOUND  LANDSCAPING  PRACTICES
 SHALL  BE  CREATED  AND  MAINTAINED  IN STATE PARKS, CONSERVATION SITES,
 RECREATION AREAS, HISTORIC  LOCATIONS,  TOURIST  ATTRACTIONS,  AREAS  OF
 LOCAL IMPORTANCE, AND AT SUNY SCHOOLS.
   (F)  PUBLIC-PRIVATE  PARTNERSHIPS WITH EDUCATIONAL INSTITUTIONS, ZOOS,
 BOTANICAL GARDENS, AQUARIA, ARBORETA,  COMMERCIAL  NURSERIES,  COMMUNITY
 GARDENS, AND GARDEN CLUBS SHALL BE ENCOURAGED TO INCREASE THE AVAILABIL-
 ITY  OF  NATIVE  PLANTS  AND SHARE KNOWLEDGE ABOUT THEIR USE, PROVENANCE
 MAINTENANCE, AND PROPAGATION.
   (G) THE COMMISSIONER MAY DETERMINE THAT NO NATIVE PLANT MAY ADEQUATELY
 FIT A CERTAIN ENVIRONMENT OR LANDSCAPE IN WHICH  CASE  PLANTS  THAT  ARE
 NON-COMPETITIVE  AND  NEUTRAL,  AS  DETERMINED  BY  THE COMMISSIONER, TO
 NATIVE PLANTS AND ANIMALS MAY BE PERMITTED.
   (H) THIS SECTION SHALL NOT APPLY TO COMMUNITY GARDENS AND STATE FUNDED
 OR SPONSORED AGRICULTURAL ACTIVITIES FOR THE PURPOSE OF GROWING FOOD  OR
 OTHER CROPS WHICH MAY NOT BE NATIVE TO THE STATE.
   (I)  NON-NATIVE SPECIES THAT ARE UTILIZED AS A COVER CROP TO ESTABLISH
 NATIVE PLANTS AND ARE TEMPORARY IN NATURE, AS DETERMINED BY THE  COMMIS-
 SIONER, MAY BE PERMITTED.
   § 3. This act shall take effect immediately.