Bill Text: NY A00442 | 2025-2026 | General Assembly | Introduced

New York Assembly Bill 442

Introduced

Bill Title: Establishes a native plant and seed supply, development and enhancement program; requires the commissioners of the departments of agriculture and markets, environmental conservation and economic development to develop a list of plants and seeds eligible for consideration in such program; makes related provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - substituted by s794 [A00442 Detail]

Download: New_York-2025-A00442-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           442

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                       (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:

     1    Section 1. Section 142-b of the agriculture and markets law, as  added
     2  by  a  chapter  of the laws of 2024 amending the agriculture and markets
     3  law relating to establishing a native plant seed supply, development and
     4  enhancement program, as proposed in legislative bills  numbers  S.  7849
     5  and A. 9043, is amended to read as follows:
     6    §  142-b.  The  New  York  native  plant  seed supply, development and
     7  enhancement program. 1. The commissioners of the department, the depart-
     8  ment of environmental  conservation,  and  the  department  of  economic
     9  development  shall establish a New York native plant seed supply, devel-
    10  opment and enhancement program.
    11    2. The purpose of such program shall be to:
    12    (a) increase the production of native plant seeds, as provided for  in
    13  subdivision three of this section, at plant nurseries in the state; and
    14    (b)  increase the use of native plant seeds, as provided for in subdi-
    15  vision three of this section, in public land management, roadside  land-
    16  scaping, reforestation, pollinator promotion, habitat restoration, regu-
    17  lar groundskeeping and maintenance on state lands, and other projects as
    18  determined  by  the  commissioners  of the department, the department of
    19  environmental conservation, and economic development[; and
    20    (c) ensure that native plant seeds are commercially available  in  the
    21  state at a reasonable cost and in adequate supply].
    22    3.  No  later  than one year after the effective date of this section,
    23  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

     1  lishment of the program, including an initial] develop a list of [plants
     2  whose] plant seeds [are] eligible for consideration  to  participate  in
     3  such program and/or for use in connection with the requirement of subdi-
     4  vision six of this section. The list shall be updated by the commission-
     5  ers  at  least  once every three years or if determined necessary by the
     6  commissioners.
     7    4. Funds for the program shall be subject to appropriation and may  be
     8  used  to establish growing operations managed by the state or to support
     9  private entities that can increase the state's native plant seed supply.
    10    5. As used in this section, "native plant seed" means  [a  germinating
    11  seed,  or  other  plant part, used to propagate a plant, that originates
    12  from a plant species that is indigenous to New York state]:
    13    (a) non-invasive herbaceous and woody plant species that are indigene-
    14  ous to New York state and are likely to maintain their range or success-
    15  fully adapt to anticipated climate changes in New  York  state  and  the
    16  northeastern  United  States, or native, non-invasive plants found else-
    17  where in the United States that are likely  to  shift  or  expand  their
    18  range into New York state and the northeastern United States in response
    19  to the anticipated climate change; and
    20    (b)  germinating seeds, or other plant parts, used to propagate desir-
    21  able  native plants representing a wide variety of species and genotypes
    22  of plants.
    23    6. Whenever possible and practicable, the  state  shall  make  use  of
    24  native  plant  seeds  when  engaging in public land management, roadside
    25  landscaping, reforestation, pollinator promotion,  habitat  restoration,
    26  regular  groundskeeping  and  maintenance  on  state  lands,  and  other
    27  projects as determined by  the  commissioners  of  the  department,  the
    28  department of environmental conservation, and the department of economic
    29  development.
    30    §  2.  This  act  shall  take  effect on the same date and in the same
    31  manner as a chapter of the laws of 2024  amending  the  agriculture  and
    32  markets  law relating to establishing a native plant seed supply, devel-
    33  opment and enhancement program, as proposed in legislative bills numbers
    34  S. 7849 and A. 9043, takes effect.