Bill Text: NY A08204 | 2023-2024 | General Assembly | Amended

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Bill Title: Enacts the "pollinator promotion act" to authorize the commissioner of environmental conservation to promote the health and viability of pollinators in the state and to provide state assistance payments to municipalities to adopt and implement pollinator promotion plans; requires certain pollinator health initiatives on SUNY campuses; directs the departments of education and environmental conservation to develop guidelines for school districts to implement certain pollinator friendly practices; directs the implementation of certain pollinator friendly practices on highway verges.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-05-29 - print number 8204a [A08204 Detail]

Download: New_York-2023-A08204-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8204--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 27, 2023
                                       ___________

        Introduced  by  M.  of A. KELLES, SIMON -- read once and referred to the
          Committee on Environmental Conservation -- recommitted to the  Commit-
          tee  on Environmental Conservation in accordance with Assembly Rule 3,
          sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee

        AN  ACT  to  amend the environmental conservation law, the education law
          and the highway law, in relation to enacting the "pollinator promotion
          act"

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "pollinator promotion act".
     3    § 2. Subdivision 1 of section 3-0301 of the environmental conservation
     4  law is amended by adding two new  paragraphs  jj  and  jjj  to  read  as
     5  follows:
     6    jj.  Promote  the  health and viability of pollinators in the state by
     7  supporting habitat protection, promoting the state's native pollinators,
     8  and increasing public awareness of the importance of pollinators.
     9    jjj. Ensure that on any lands owned and  actively  maintained  by  the
    10  state,  including  but not limited to state parks, tidal wetlands areas,
    11  state forests, historic park preserves, unique  areas,  waterway  access
    12  sites,  historic  parks,  wildlife  management areas, golf courses, boat
    13  launch sites, campgrounds, primitive areas, wild forests,  the  agencies
    14  in  charge  of  such  maintenance  shall incorporate pollinator-friendly
    15  landscaping practices appropriate  to  such  lands,  including  but  not
    16  limited  to  creating  or reestablishing pollinator friendly habitats by
    17  increasing the abundance of native plants on such lands,  adjusting  and
    18  reducing  mowing  practices  and  the use of pesticides in favor of non-
    19  chemical pest management methods, and adding  signage  to  public  lands
    20  educating  the  public  about  the use of such pollinator friendly prac-
    21  tices; provided, however, that this paragraph shall  not  apply  to  any

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11667-06-4
        A. 8204--A                          2

     1  lands  where  such practices are deemed impractical by the department or
     2  other appropriate agency, that have a dedicated  use  incompatible  with
     3  this  paragraph, or that are otherwise protected from active maintenance
     4  by legal agreement or the state constitution;
     5    §  3.  Paragraphs  h  and i of subdivision 1 of section 54-1523 of the
     6  environmental conservation law, as amended by section 1 of part  KKK  of
     7  chapter  58  of  the  laws of 2022, are amended and a new paragraph j is
     8  added to read as follows:
     9    h. to  establish  and  implement  easily-replicated  renewable  energy
    10  projects, including solar arrays, heat pumps and wind turbines in public
    11  low-income housing in suburban, urban and rural areas; [and]
    12    i. land acquisition, including but not limited to flood mitigation and
    13  coastal  riparian  resiliency;  provided,  however,  no  monies shall be
    14  expended for acquisition by eminent domain[.]; and
    15    j. climate-resilient landscaping and land maintenance and land mainte-
    16  nance such as connecting green spaces, use of native species, and polli-
    17  nator-friendly planting.
    18    § 4. The education law is amended by adding a  new  section  235-c  to
    19  read as follows:
    20    § 235-c. Promotion of pollinator health.  Each state university of New
    21  York  campus  shall  consider  policies to promote pollinator health and
    22  expand supportive habitats.  Possible considerations include  guidelines
    23  for:
    24    1.  establishing a standing committee of students, faculty, and staff,
    25  including a member of the grounds or landscaping departments, to  evalu-
    26  ate and make recommendations regarding pollinator habitats on campus;
    27    2.  increasing  the abundance of native plants and supportive habitats
    28  on campus;
    29    3. adopting an integrated pest management plan to prevent  pest  prob-
    30  lems,  reduce  pesticide  use,  and  expand the use of non-chemical pest
    31  management methods;
    32    4. offering educational opportunities as appropriate for students  and
    33  community  members about native pollinators and pollinator conservation;
    34  and
    35    5. offering yearly service-learning  projects  on  campus  to  enhance
    36  pollinator habitats.
    37    §  5.  The  education  law is amended by adding a new section 409-n to
    38  read as follows:
    39    § 409-n. Pollinator friendly landscaping. The department, in consulta-
    40  tion with the department of environmental  conservation,  shall  develop
    41  guidelines  for school districts for pollinator friendly landscaping and
    42  groundskeeping practices, including, but not  limited  to,  the  use  of
    43  native plants on school grounds, incorporating pollinator-friendly prac-
    44  tices  into school gardens, and reducing the use of pesticides on school
    45  grounds.
    46    § 6. Section 19-a of the highway law, as added by chapter 763  of  the
    47  laws of 2022, is amended to read as follows:
    48    § 19-a. Pollinator friendly plant species; medians and verges. 1.  The
    49  commissioner  shall, in cooperation with the department of environmental
    50  conservation, develop policies and procedures to encourage  the  use  of
    51  native  plant species that are pollinator friendly in medians and verges
    52  along highways under the jurisdiction of the department and to encourage
    53  and provide technical assistance to counties, cities, towns and villages
    54  in the use of native plant species that are pollinator friendly in medi-
    55  ans and verges along highways under the respective jurisdiction of  such
    56  counties, cities, towns and villages.
        A. 8204--A                          3

     1    2.  The  commissioner shall develop policies and procedures for mowing
     2  medians and verges located along highways on the state system  of  high-
     3  ways that will, wherever feasible and consistent with standards of safe-
     4  ty  for  motor  vehicle operators, cyclists, and pedestrians, reduce the
     5  amount of area within such highway medians and verges that is mowed.
     6    §  7.  This  act shall take effect on the ninetieth day after it shall
     7  have become a law.