S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1857
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the monarch preservation plan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "monarch
 preservation plan".
   §  2. Legislative findings. The legislature hereby finds that over the
 past several decades, the number of monarch butterflies in North America
 has steeply declined. The great migration of the  eastern  monarchs  has
 been  named  a  "threatened  phenomenon"  by the International Union for
 Conservation of Nature and Natural Resources (IUCN).  As  of  2014,  the
 monarch  population has declined from approximately one billion butterf-
 lies to 35 million, around 90% since 1990.
   Major threat to  monarchs  include  habitat  loss  and  fragmentation,
 changes  in  climate  and  extreme  weather, pesticides, herbicides, and
 genetically modified crops, invasive species, disease and natural preda-
 tors.
   Actively restoring native milkweed and nectar plants, and other polli-
 nator habitat,  and  ensuring  that  key  habitats  are  protected  from
 destruction,  are  critical to ensuring the survival of monarch butterf-
 lies and can also help facilitate conservation of other essential polli-
 nators.  Enhancing pollinator populations can result in  improved  poll-
 ination   services  for  neighboring  land,  including  agriculture  and
 wildlife ecosystems.
   § 3. The environmental conservation law is amended  by  adding  a  new
 section 11-0541 to read as follows:
 § 11-0541. MONARCH PRESERVATION PLAN.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05049-01-3
 S. 1857                             2
              

 
   1.  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE DEPART-
 MENT SHALL TAKE FEASIBLE ACTIONS TO CONSERVE MONARCH BUTTERFLIES AND THE
 UNIQUE HABITATS THEY DEPEND UPON FOR SUCCESSFUL MIGRATION. THESE ACTIONS
 MAY INCLUDE, BUT ARE NOT LIMITED TO, HABITAT RESTORATION  ON  DEPARTMENT
 LANDS,  EDUCATION  PROGRAMS, AND VOLUNTARY AGREEMENTS WITH PRIVATE LAND-
 OWNERS. THE DEPARTMENT MAY PARTNER WITH FEDERAL  AGENCIES,  STATE  AGEN-
 CIES,  NONPROFIT  ORGANIZATIONS,  ACADEMIC PROGRAMS, PRIVATE LANDOWNERS,
 AND OTHER ENTITIES THAT UNDERTAKE ACTIONS TO CONSERVE  MONARCH  BUTTERF-
 LIES  AND  AID  THEIR  SUCCESSFUL MIGRATION, INCLUDING THE MONARCH JOINT
 VENTURE. WHEN UNDERTAKING ACTIONS TO CONSERVE  MONARCH  BUTTERFLIES  AND
 THEIR  HABITATS  PURSUANT  TO THIS SECTION, THE DEPARTMENT SHALL USE THE
 BEST AVAILABLE SCIENCE AND CONSIDER, AS APPROPRIATE AND FEASIBLE, ALL OF
 THE FOLLOWING:
   A.  RESTORING  OR  REVEGETATING  MONARCH  CATERPILLAR  HABITAT   USING
 REGIONALLY  OR  LOCALLY  APPROPRIATE  NATIVE MILKWEED SPECIES AND NATIVE
 NECTAR PLANT SPECIES;
   B. CONTROLLING NONNATIVE WEED SPECIES THAT  THREATEN  NATIVE  MILKWEED
 SPECIES,  AND  CONTROLLING PESTS AND DISEASE, USING CURRENT BEST MANAGE-
 MENT PRACTICES CONSISTENT WITH  INTEGRATED  PEST  MANAGEMENT  PRINCIPLES
 THAT POSE LOW RISK TO MONARCH BUTTERFLIES AND THEIR HABITAT;
   C.  CONTROLLING  PEST  MANAGEMENT  PRACTICES  THAT  MAY  BE HARMFUL TO
 MONARCH BUTTERFLIES, THEIR FOOD OR THEIR HABITAT;
   D. INCORPORATING DIVERSE TREE SPECIES,  STRUCTURES,  AND  ARRANGEMENTS
 WHEN  RESTORING  OR  ESTABLISHING  WINTER HABITAT SITES TO MATCH MONARCH
 BUTTERFLY PREFERENCES FOR TEMPERATURE, LIGHT, MOISTURE, WIND, AND  OTHER
 MICROCLIMATE CHARACTERISTICS; AND
   E.  INCREASING THE NUMBER OF PARTNERSHIPS AND MAKING THE MOST OF PART-
 NERSHIPS TO USE RESIDENTIAL AND INSTITUTIONAL LANDSCAPED AREAS, AGRICUL-
 TURAL NON-CROPPED  LANDS,  TRANSPORTATION  CORRIDORS,  AND  CONSERVATION
 EASEMENTS TO CREATE, RESTORE, OR ENHANCE MONARCH BUTTERFLY HABITAT.
   2.  A.  THE  MONARCH  BUTTERFLY  AND  POLLINATOR  RESCUE PROGRAM ("THE
 PROGRAM") IS HEREBY ESTABLISHED AND SHALL BE ADMINISTERED BY THE DEPART-
 MENT.  FUNDING FOR THE PROGRAM SHALL BE MADE AVAILABLE  TO  THE  PROGRAM
 FROM  THE  CONSERVATION  FUND ESTABLISHED BY SECTION EIGHTY-THREE OF THE
 STATE FINANCE LAW AND FROM THE HABITAT CONSERVATION AND  ACCESS  ACCOUNT
 ESTABLISHED BY SECTION EIGHTY-THREE-A OF THE STATE FINANCE LAW.
   B.  THE  PROGRAM SHALL PROVIDE GRANTS, WITHIN APPROPRIATIONS AND FUNDS
 DESIGNATED THEREFORE, FOR PROJECTS TO RECOVER AND SUSTAIN POPULATIONS OF
 MONARCH BUTTERFLIES AND OTHER  POLLINATORS.    ELIGIBLE  RECIPIENTS  FOR
 GRANTS UNDER THE PROGRAM INCLUDE PRIVATE LANDOWNERS, NONPROFIT ORGANIZA-
 TIONS,  RESOURCE  CONSERVATION  DISTRICTS,  OR PUBLIC AGENCIES.   BEFORE
 DISBURSING A GRANT PURSUANT TO THIS SECTION, THE DEPARTMENT SHALL DEVEL-
 OP AND ADOPT PROJECT SELECTION AND EVALUATION  GUIDELINES.  SUCH  GUIDE-
 LINES SHALL INCLUDE MONITORING AND REPORTING REQUIREMENTS TO HELP ASSESS
 GRANT  OUTCOMES, AND REQUIREMENT THAT THE PROJECT DEMONSTRATES THE CLEAR
 POTENTIAL TO CONTRIBUTE TO THE  CONSERVATION  AND  RECOVERY  OF  MONARCH
 BUTTERFLIES.  THESE GUIDELINES SHALL BE MADE PUBLIC WITHIN SIX MONTHS OF
 THE ENACTED DATE.  TO ACHIEVE THE PURPOSES OF THE PROGRAM,  THE  DEPART-
 MENT MAY DO ALL OF THE FOLLOWING:
   (I)  PROVIDE  GRANTS FOR THE RESTORATION OR ENHANCEMENT OF APPROPRIATE
 BREEDING AND MIGRATION HABITAT FOR MONARCH BUTTERFLIES  AND  POLLINATORS
 ON PRIVATE AND PUBLIC LANDS;
   (II) PROVIDE TECHNICAL ASSISTANCE TO GRANT RECIPIENTS, INCLUDING FARM-
 ERS  AND  RANCHERS,  REGARDING  RESTORATION AND ENHANCEMENT OF BREEDING,
 MIGRATION, AND OTHER APPROPRIATE MONARCH BUTTERFLY HABITAT;
   (III) AWARD GRANTS PURSUANT TO THIS SECTION;
 S. 1857                             3
 
   (IV) PROVIDE GRANTS FOR SEASONAL OR  TEMPORARY  HABITAT  IMPROVEMENTS;
 AND
   (V) PROVIDE BLOCK GRANTS IN WHICH SUBALLOCATIONS ARE MADE BY THE GRANT
 RECIPIENT, WITH THE APPROVAL OF THE DEPARTMENT.
   3.   AN APPLICATION FOR A GRANT FOR A PROJECT UNDER THIS SECTION SHALL
 INCLUDE:
   A. A STATEMENT OF THE PURPOSE OF THE PROJECT;
   B. THE NAME OF THE ENTITY WITH OVERALL RESPONSIBILITY FOR THE PROJECT;
   C. A DESCRIPTION OF:
   (I) THE QUALIFICATIONS OF THE ENTITY THAT WILL CONDUCT THE PROJECT;
   (II) METHODS FOR PROJECT IMPLEMENTATION AND OUTCOME ASSESSMENT; AND
   (III) ANTICIPATED OUTCOMES;
   D. INFORMATION THAT DEMONSTRATES THE CLEAR POTENTIAL OF THE PROJECT TO
 CONTRIBUTE TO THE CONSERVATION AND RECOVERY OF  THE  MONARCH  BUTTERFLY;
 AND
   E. ASSURANCES THAT THE CONSERVATION EFFORT WILL NOT INCLUDE THE USE OF
 GLYPHOSATE OR NEONICINTINOID PESTICIDES.
   4.  THE  COMMISSIONER  SHALL ANNUALLY SOLICIT APPLICATIONS FOR PROJECT
 FOR FUNDING UNDER THIS SECTION AND REVIEW EACH PROPOSAL  ON  A  TIMELINE
 THAT  RECOGNIZES  THE  URGENCY  OF  THE  DECLINING MONARCH POPULATION TO
 DETERMINE WHETHER THE PROPOSAL MEETS THE CRITERIA SPECIFIED IN  SUBDIVI-
 SION THREE OF THIS SECTION.
   5.  THE FACT THAT A PROJECT APPLICANT OR LANDOWNER DOES NOT ENTER INTO
 A VOLUNTARY AGREEMENT  TO  PROTECT  MONARCH  BUTTERFLIES  SHALL  NOT  BE
 GROUNDS  FOR DENYING A PERMIT OR AGREEMENT OR REQUIRING ADDITIONAL MITI-
 GATION BEYOND WHAT WOULD BE REQUIRED TO MITIGATE PROJECT  IMPACTS  UNDER
 OTHER APPLICABLE LAWS.
   6. NOT LATER THAN DECEMBER THIRTY-FIRST OF EACH YEAR, THE COMMISSIONER
 SHALL  PREPARE  A REPORT DETAILING THE PROGRESS OF THE MONARCH PRESERVA-
 TION PLAN AND THE MONARCH BUTTERFLY AND POLLINATOR RESCUE  PROGRAM,  THE
 STATUS  OF  THE EASTERN MONARCH BUTTERFLY, A SUMMARY OF THE PROJECTS FOR
 WHICH THE COMMISSIONER HAS PROVIDED FUNDING, AND AN EVALUATION OF  THOSE
 PROJECTS,  AS  WELL  AS  ANY PLANNED OR ANTICIPATED REGULATORY OR POLICY
 CHANGES WHICH MAY AFFECT THE MONARCH MANAGEMENT.   THE REPORT  SHALL  BE
 DELIVERED  TO  THE CHAIRPERSONS OF THE ASSEMBLY AND SENATE COMMITTEES ON
 ENVIRONMENTAL CONSERVATION.
   § 4. This act shall take effect immediately.