S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8204
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 27, 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, the education law
   and the highway law, in relation to enacting the "pollinator promotion
   act"
 
   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 "pollinator promotion act".
   § 2. Subdivision 1 of section 3-0301 of the environmental conservation
 law is amended by adding two new  paragraphs  jj  and  jjj  to  read  as
 follows:
   JJ.  PROMOTE  THE  HEALTH AND VIABILITY OF POLLINATORS IN THE STATE BY
 SUPPORTING HABITAT PROTECTION, PROMOTING THE STATE'S NATIVE POLLINATORS,
 AND INCREASING PUBLIC AWARENESS OF THE IMPORTANCE OF POLLINATORS.
   JJJ. ENSURE THAT ON ANY LANDS OWNED AND  ACTIVELY  MAINTAINED  BY  THE
 STATE,  INCLUDING  BUT NOT LIMITED TO STATE PARKS, TIDAL WETLANDS AREAS,
 STATE FORESTS, HISTORIC PARK PRESERVES, UNIQUE  AREAS,  WATERWAY  ACCESS
 SITES,  HISTORIC  PARKS,  WILDLIFE  MANAGEMENT AREAS, GOLF COURSES, BOAT
 LAUNCH SITES, CAMPGROUNDS, PRIMITIVE AREAS, WILD FORESTS,  THE  AGENCIES
 IN  CHARGE  OF  SUCH  MAINTENANCE  SHALL INCORPORATE POLLINATOR-FRIENDLY
 LANDSCAPING PRACTICES APPROPRIATE  TO  SUCH  LANDS,  INCLUDING  BUT  NOT
 LIMITED  TO  CREATING  OR REESTABLISHING POLLINATOR FRIENDLY HABITATS BY
 INCREASING THE ABUNDANCE OF NATIVE PLANTS ON SUCH LANDS,  ADJUSTING  AND
 REDUCING  MOWING  PRACTICES  AND  THE USE OF PESTICIDES IN FAVOR OF NON-
 CHEMICAL PEST MANAGEMENT METHODS, AND ADDING  SIGNAGE  TO  PUBLIC  LANDS
 EDUCATING  THE  PUBLIC  ABOUT  THE USE OF SUCH POLLINATOR FRIENDLY PRAC-
 TICES; PROVIDED, HOWEVER, THAT THIS PARAGRAPH SHALL  NOT  APPLY  TO  ANY
 LANDS  WHERE  SUCH PRACTICES ARE DEEMED IMPRACTICAL BY THE DEPARTMENT OR
 OTHER APPROPRIATE AGENCY, THAT HAVE A DEDICATED  USE  INCOMPATIBLE  WITH
 THIS  PARAGRAPH, OR THAT ARE OTHERWISE PROTECTED FROM ACTIVE MAINTENANCE
 BY LEGAL AGREEMENT OR THE STATE CONSTITUTION;
   § 3. Paragraphs h and i of subdivision 1 of  section  54-1523  of  the
 environmental  conservation  law, as amended by section 1 of part KKK of
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11667-04-3
 A. 8204                             2
 
 chapter 58 of the laws of 2022, are amended and a  new  paragraph  j  is
 added to read as follows:
   h.  to  establish  and  implement  easily-replicated  renewable energy
 projects, including solar arrays, heat pumps and wind turbines in public
 low-income housing in suburban, urban and rural areas; [and]
   i. land acquisition, including but not limited to flood mitigation and
 coastal riparian resiliency;  provided,  however,  no  monies  shall  be
 expended for acquisition by eminent domain[.]; AND
   J.  ADOPTION  AND  IMPLEMENTATION  OF  A  POLLINATOR PROMOTION PLAN TO
 INCLUDE CLIMATE-RESILIENT AND POLLINATOR-FRIENDLY PLANTS IN  MAINTENANCE
 AND  LANDSCAPING  UNDERTAKEN BY THE MUNICIPALITY, INCLUDING THE ADDITION
 OF CONNECTIVE ZONES TO SUPPORT POLLINATORS SUCH AS WILDFLOWER STRIPS AND
 AT LEAST ONE DEDICATED POLLINATOR-FRIENDLY GARDEN  DEDICATED  TO  NATIVE
 PLANTS AND SPECIES.
   §  4.  The  education  law is amended by adding a new section 235-c to
 read as follows:
   § 235-C. PROMOTION OF POLLINATOR HEALTH. TO PROMOTE POLLINATOR  HEALTH
 AND EXPAND SUPPORTIVE HABITATS, EACH STATE UNIVERSITY OF NEW YORK CAMPUS
 SHALL:
   1.  ESTABLISH  A  STANDING  COMMITTEE OF STUDENTS, FACULTY, AND STAFF,
 INCLUDING A MEMBER OF THE GROUNDS OR LANDSCAPING DEPARTMENTS,  TO  ADVO-
 CATE FOR POLLINATORS;
   2.  CREATE AND ENHANCE POLLINATOR HABITATS ON CAMPUS BY INCREASING THE
 ABUNDANCE OF NATIVE PLANTS AND SUPPORTIVE HABITATS ON CAMPUS;
   3. CREATE AND ADOPT AN INTEGRATED PEST MANAGEMENT PLAN TO PREVENT PEST
 PROBLEMS, REDUCE PESTICIDE USE, AND EXPAND THE USE OF NON-CHEMICAL  PEST
 MANAGEMENT METHODS;
   4.  OFFER  EDUCATIONAL  OPPORTUNITIES  AS APPROPRIATE FOR STUDENTS AND
 COMMUNITY MEMBERS ABOUT NATIVE POLLINATORS AND POLLINATOR  CONSERVATION;
 AND
   5.  OFFER YEARLY SERVICE-LEARNING PROJECTS ON CAMPUS TO ENHANCE POLLI-
 NATOR HABITATS.
   § 5. The education law is amended by adding a new section 5717 to read
 as follows:
   § 5717. POLLINATOR  HEALTH;  CORNELL  COOPERATIVE  EXTENSION.  CORNELL
 COOPERATIVE EXTENSION SHALL BE AUTHORIZED TO HIRE POLLINATOR ECOLOGISTS,
 MASTER  GARDENERS,  AND  OTHER  INDIVIDUALS WITH EXPERTISE IN POLLINATOR
 HEALTH TO PROVIDE PROGRAMMING AND SUPPORT FOR FARMERS AND OTHERS IN  THE
 AGRICULTURE  INDUSTRY TO IMPLEMENT POLLINATOR-FRIENDLY PRACTICES, AND TO
 PROVIDE EDUCATION FOR THE GENERAL PUBLIC ON POLLINATORS  AND  POLLINATOR
 PROMOTION  AND  OTHER  TOPICS  IN  THE  FIELD  OF  POLLINATOR HEALTH AND
 PROMOTION PRACTICES.
   § 6. The education law is amended by adding a  new  section  409-n  to
 read as follows:
   § 409-N. POLLINATOR FRIENDLY LANDSCAPING. THE DEPARTMENT, IN CONSULTA-
 TION  WITH  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL DEVELOP
 GUIDELINES THAT ANY SCHOOL DISTRICT IN THE STATE MAY  CHOOSE  TO  IMPLE-
 MENT,  THAT SHALL INCLUDE PROCEDURES FOR POLLINATOR FRIENDLY LANDSCAPING
 AND GROUNDSKEEPING PRACTICES, INCLUDING, BUT NOT LIMITED TO, THE USE  OF
 NATIVE PLANTS ON SCHOOL GROUNDS, INCORPORATING POLLINATOR-FRIENDLY PRAC-
 TICES  INTO SCHOOL GARDENS, AND REDUCING THE USE OF PESTICIDES ON SCHOOL
 GROUNDS.
   § 7. Section 19-a of the highway law, as added by chapter 763  of  the
 laws of 2022, is amended to read as follows:
   § 19-a. Pollinator friendly plant species; medians AND VERGES. 1.  The
 commissioner  shall, in cooperation with the department of environmental
 A. 8204                             3
 
 conservation, develop policies and procedures to encourage  the  use  of
 native  plant species that are pollinator friendly in medians AND VERGES
 along highways under the jurisdiction of the department and to encourage
 and provide technical assistance to counties, cities, towns and villages
 in the use of native plant species that are pollinator friendly in medi-
 ans  AND VERGES along highways under the respective jurisdiction of such
 counties, cities, towns and villages.
   2. The commissioner shall develop policies and procedures  for  mowing
 medians  AND  VERGES located along highways on the state system of high-
 ways that will, wherever feasible and consistent with standards of safe-
 ty for motor vehicle operators, cyclists, and  pedestrians,  reduce  the
 amount of area within such highway medians AND VERGES that is mowed.
   §  8.  Hedgerow  pilot  program. (a) The department of agriculture and
 markets is hereby authorized to establish a hedgerow  pilot  program  to
 help  farmers across the state of New York establish and enhance hedger-
 ows on their properties to enhance natural conservations.
   (b) Funds for such pilot program shall be pursued through any applica-
 ble United States department of agriculture programs or through legisla-
 tive appropriations.
   (c) Hedgerows established or enhanced pursuant to this  section  shall
 not  include  species that host pests or diseases that could pose a risk
 to nearby crops, or  that  are  listed  as  noxious  weeds  or  invasive
 species.    For  the  purposes  of the pilot program under this section,
 farmers may apply for hedgerow grants for one or more of  the  following
 purposes:  (i)  to provide food, cover, and travel corridors for terres-
 trial wildlife; (ii) to provide pollinator habitats;  (iii)  to  provide
 substrate  for  beneficial  insects  as  a  component of integrated pest
 management; (iv) to provide food, cover, and shade for aquatic organisms
 that live in adjacent watercourses; and (v) to increase  carbon  storage
 in biomass and soils.
   (d)  Eligible  projects under the pilot program established under this
 section shall be located in, across, or around agricultural fields.  The
 pilot program shall not apply to plantings that are intended to function
 primarily as field borders, riparian buffers, or windbreaks. All hedger-
 ows  established or enhanced pursuant to this section shall be a minimum
 of six feet wide if seeded, or a minimum of one row wide if planted with
 seedlings or larger stock.
   (e) The department of agriculture and markets shall develop  appropri-
 ate  rules  and  regulations  for  the pilot program under this section,
 including standards for eligible projects to include maintenance commit-
 ments, the control of competing vegetation, protection of hedgerows from
 livestock grazing and trampling, and compliance with all state, federal,
 and local laws.
   (f) For the purposes of this section, the term "hedgerows" shall  mean
 planned  sections  at  the  borders  of  fields  that make use of trees,
 shrubs, and/or perennial bunch grasses producing erect  stems  attaining
 average  heights of at least three feet and persisting well over winter,
 that contain plants suited and adapted  to  soil  and  site  conditions,
 climate,  and  conservation  purposes, and that focus on New York native
 plants.
   § 9. This act shall take effect immediately; provided,  however,  that
 if  chapter  763  of  the laws of 2022 shall not have taken effect on or
 before such date then section seven of this act shall take effect on the
 same date and in the same manner as such chapter of the  laws  of  2022,
 takes effect.