Amd §142-b, Ag & Mkts L (as proposed in S.7849 & A.9043)
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A442
SPONSOR: Kelles TITLE OF BILL:
An act to amend the agriculture and markets law, in relation to estab-
lishing a native plant and seed supply, development and enhancement
program
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide amendments to Chapter 630 of the
Laws of 2024.
SUMMARY OF PROVISIONS:
This bill would require the Department of Agriculture and Markets, in
consultation with the Departments of Economic Development and Environ-
mental Conservation, to create a list of plant native seeds that they
will promote and update at least once every three years. This bill would
also provide for a comprehensive definition of native plant seeds for
the purpose of this program.
JUSTIFICATION:
This bill would make amendments to the New York Native Pant Seed Supply,
Development, and Enhancement program created by Chapter 630 of the Laws
of 2024. Specifically, this bill would require the involved departments
to update a comprehensive list of native plant seeds frequently, require
the departments to promote these seeds, and provide for a comprehensive
definition of native plant seeds.
PRIOR LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
EFFECTIVE DATE:
This act shall take effect immediately.
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.
