S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    442
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 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 and 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. Section 142-b of the agriculture and markets law, as  added
 by  a  chapter  of the laws of 2024 amending the agriculture and markets
 law relating to establishing a native plant seed supply, development and
 enhancement program, as proposed in legislative bills  numbers  S.  7849
 and A. 9043, is amended 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, AS PROVIDED FOR  IN
 SUBDIVISION THREE OF THIS SECTION, at plant nurseries in the state; AND
   (b)  increase the use of native plant seeds, AS PROVIDED FOR IN SUBDI-
 VISION THREE OF THIS SECTION, in public land management, roadside  land-
 scaping, reforestation, pollinator promotion, habitat restoration, regu-
 lar 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-

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

                                                            LBD02728-01-5
 A. 442                              2

 lishment of the program, including an initial] DEVELOP A list of [plants
 whose] PLANT seeds [are] eligible for consideration  to  participate  in
 such program AND/OR FOR USE IN CONNECTION WITH THE REQUIREMENT OF SUBDI-
 VISION SIX OF THIS SECTION. THE LIST SHALL BE UPDATED BY THE COMMISSION-
 ERS  AT  LEAST  ONCE EVERY THREE YEARS OR IF DETERMINED NECESSARY BY THE
 COMMISSIONERS.
   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]:
   (A) NON-INVASIVE HERBACEOUS AND WOODY PLANT SPECIES THAT ARE INDIGENE-
 OUS TO NEW YORK STATE AND ARE LIKELY TO MAINTAIN THEIR RANGE OR SUCCESS-
 FULLY ADAPT TO ANTICIPATED CLIMATE CHANGES IN NEW  YORK  STATE  AND  THE
 NORTHEASTERN  UNITED  STATES, OR NATIVE, NON-INVASIVE PLANTS FOUND ELSE-
 WHERE IN THE UNITED STATES THAT ARE LIKELY  TO  SHIFT  OR  EXPAND  THEIR
 RANGE INTO NEW YORK STATE AND THE NORTHEASTERN UNITED STATES IN RESPONSE
 TO THE ANTICIPATED CLIMATE CHANGE; AND
   (B)  GERMINATING SEEDS, OR OTHER PLANT PARTS, USED TO PROPAGATE DESIR-
 ABLE  NATIVE PLANTS REPRESENTING A WIDE VARIETY OF SPECIES AND GENOTYPES
 OF PLANTS.
   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 on the same date and in the same
 manner as a chapter of the laws of 2024  amending  the  agriculture  and
 markets  law relating to establishing a native plant seed supply, devel-
 opment and enhancement program, as proposed in legislative bills numbers
 S. 7849 and A. 9043, takes effect.