§ 142-b. The New York native plant seed supply, development and
enhancement program. 1. The commissioners of the department, the
department of environmental conservation, and the department of economic
development shall establish a New York native plant seed supply,
development 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
subdivision three of this section, 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.

3. No later than one year after the effective date of this section,
the commissioners shall develop a list of plant seeds eligible for
consideration to participate in such program and/or for use in
connection with the requirement of subdivision six of this section. The
list shall be updated by the commissioners 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) non-invasive herbaceous and woody plant species that are
indigeneous to New York state and are likely to maintain their range or
successfully adapt to anticipated climate changes in New York state and
the northeastern United States, or native, non-invasive plants found
elsewhere 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
desirable 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.