S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9043
 
                           I N  A S S E M B L Y
 
                             February 5, 2024
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Agriculture
 
 AN  ACT  to amend the agriculture and markets law, in relation to estab-
   lishing a  native  plant  seed  supply,  development  and  enhancement
   program
 
   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 142-b to read as follows:
   §  142-B.  THE  NEW  YORK  NATIVE  PLANT  SEED SUPPLY, DEVELOPMENT AND
 ENHANCEMENT PROGRAM. 1. THE COMMISSIONERS OF THE DEPARTMENT, THE DEPART-
 MENT OF ENVIRONMENTAL  CONSERVATION,  AND  THE  DEPARTMENT  OF  ECONOMIC
 DEVELOPMENT  SHALL ESTABLISH A NEW YORK NATIVE PLANT SEED SUPPLY, DEVEL-
 OPMENT AND ENHANCEMENT PROGRAM.
   2. THE PURPOSE OF SUCH PROGRAM SHALL BE TO:
   (A) INCREASE THE PRODUCTION OF NATIVE PLANT SEEDS AT  PLANT  NURSERIES
 IN THE STATE;
   (B)  INCREASE THE USE OF NATIVE PLANT SEEDS IN PUBLIC LAND MANAGEMENT,
 ROADSIDE  LANDSCAPING,  REFORESTATION,  POLLINATOR  PROMOTION,   HABITAT
 RESTORATION,  REGULAR GROUNDSKEEPING AND MAINTENANCE ON STATE LANDS, AND
 OTHER PROJECTS AS DETERMINED BY THE COMMISSIONERS OF THE DEPARTMENT, THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND ECONOMIC DEVELOPMENT; AND
   (C) ENSURE THAT NATIVE PLANT SEEDS ARE COMMERCIALLY AVAILABLE  IN  THE
 STATE AT A REASONABLE COST AND IN ADEQUATE SUPPLY.
   3.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE COMMISSIONERS SHALL PROMULGATE RULES AND REGULATIONS FOR THE  ESTAB-
 LISHMENT OF THE PROGRAM, INCLUDING AN INITIAL LIST OF PLANTS WHOSE SEEDS
 ARE ELIGIBLE FOR CONSIDERATION TO PARTICIPATE IN SUCH PROGRAM.
   4.  FUNDS FOR THE PROGRAM SHALL BE SUBJECT TO APPROPRIATION AND MAY BE
 USED TO ESTABLISH GROWING OPERATIONS MANAGED BY THE STATE OR TO  SUPPORT
 PRIVATE ENTITIES THAT CAN INCREASE THE STATE'S NATIVE PLANT SEED SUPPLY.
   5.  AS  USED  IN THIS SECTION, "NATIVE PLANT SEED" MEANS A GERMINATING
 SEED, OR OTHER PLANT PART, USED TO PROPAGATE A  PLANT,  THAT  ORIGINATES
 FROM A PLANT SPECIES THAT IS INDIGENOUS TO NEW YORK STATE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13584-02-3
 A. 9043                             2
 
   6.  WHENEVER  POSSIBLE  AND  PRACTICABLE,  THE STATE SHALL MAKE USE OF
 NATIVE PLANT SEEDS WHEN ENGAGING IN  PUBLIC  LAND  MANAGEMENT,  ROADSIDE
 LANDSCAPING,  REFORESTATION,  POLLINATOR PROMOTION, HABITAT RESTORATION,
 REGULAR  GROUNDSKEEPING  AND  MAINTENANCE  ON  STATE  LANDS,  AND  OTHER
 PROJECTS  AS  DETERMINED  BY  THE  COMMISSIONERS  OF THE DEPARTMENT, THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, AND THE DEPARTMENT OF ECONOMIC
 DEVELOPMENT.
   § 2. This act shall take effect immediately.