S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    794
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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
 S. 794                              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.