S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2422

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 19, 2009
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the agriculture and markets law, in relation  to  estab-
  lishing  the  Phytophthora  research  program  at  the  New York State
  College of Agriculture and Life Sciences, and making an  appropriation
  therefor

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The agriculture and markets law is amended by adding a  new
section 169-e to read as follows:
  S 169-E. PHYTOPHTHORA RESEARCH PROGRAM. 1. LEGISLATIVE INTENT.  PHYTO-
PHTHORA BLIGHT, CAUSED BY THE PATHOGEN PHYTOPHTHORA CAPSICI, IS A DEVAS-
TATING  DISEASE  OF  MANY  SOLANACEOUS (PEPPER, EGGPLANT AND TOMATO) AND
CUCURBIT (SQUASH, MELON, CUCUMBER, GOURD AND PUMPKIN) CROPS.  THE  INCI-
DENCE  OF  PHYTOPHTHORA BLIGHT HAS INCREASED AND CAUSED SEVERE LOSSES IN
SHORT PERIODS OF TIME ACROSS NEW YORK  STATE  IN  RECENT  YEARS,  MAKING
GROWERS  HIGHLY VULNERABLE TO EXTENSIVE CROP LOSS AND ECONOMIC HARDSHIP.
BY EXTENSION, FOOD PROCESSING AND MANUFACTURING INDUSTRIES THAT REGULAR-
LY PURCHASE LARGE VOLUMES OF NEW YORK-GROWN PRODUCE COULD BE  NEGATIVELY
IMPACTED  AND  SUBSEQUENTLY  SEEK  OUT-OF-STATE  INGREDIENTS  FOR  THEIR
PRODUCTS. THE LEGISLATURE  FINDS  THAT  A  TARGETED  DISEASE  MANAGEMENT
RESEARCH  PROGRAM TO COMBAT AND CONTROL PHYTOPHTHORA BLIGHT IS NECESSARY
TO ENSURE THE CONTINUED VIABILITY OF THE STATE'S AGRICULTURAL  PRODUCERS
AND  MANUFACTURERS,  SERVING  AS  A  FOUNDATION FOR THE DEVELOPMENT OF A
MULTI-COMPONENT DISEASE MANAGEMENT STRATEGY FOR GROWERS  OF  SOLANACEOUS
AND CUCURBIT CROPS IN THE STATE.
  2. PHYTOPHTHORA RESEARCH PROGRAM. THE PHYTOPHTHORA RESEARCH PROGRAM IS
HEREBY ESTABLISHED AT THE NEW YORK STATE COLLEGE OF AGRICULTURE AND LIFE
SCIENCES  AT  CORNELL  UNIVERSITY  TO EXPAND UNDERSTANDING OF THE PHYTO-
PHTHORA CAPSICI PATHOGEN AS WELL AS OTHER SPECIES OF PHYTOPHTHORA DEEMED
TO BE A THREAT BY THE COMMISSIONER. FUNDS MADE AVAILABLE THROUGH  APPRO-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07210-01-9
              

S. 2422                             2

PRIATION  TO  THE  PHYTOPHTHORA  RESEARCH  PROGRAM  SHALL BE UTILIZED TO
DEVELOP AN APPLIED RESEARCH FACILITY FOR THE ADVANCEMENT OF PHYTOPHTHORA
RESEARCH. SUCH FACILITY SHALL INCLUDE  QUARANTINED  FIELD  SITES  TO  BE
LOCATED  AWAY  FROM  PRIVATELY  OR  PUBLICLY  OWNED  FIELDS  USED IN THE
PRODUCTION OF ANY PRODUCT SUSCEPTIBLE OR CAPABLE OF  HOSTING,  TRANSMIT-
TING  OR OTHERWISE CONTRIBUTING TO THE PROLIFERATION OF THE PHYTOPHTHORA
BLIGHT PATHOGEN. THE PHYTOPHTHORA RESEARCH PERFORMED SHALL INCLUDE,  BUT
NOT BE LIMITED TO:
  (A)  IDENTIFICATION OF DISEASE-RESISTANT CULTIVARS AND CONTROL STRATE-
GIES FOUND TO BE EFFECTIVE IN THIS STATE;
  (B) BASIC RESEARCH TO UNDERSTAND INTERACTIONS THAT OCCUR  BETWEEN  THE
PHYTOPHTHORA  CAPSICI  PATHOGEN  AS  WELL  AS OTHER PHYTOPHTHORA SPECIES
DEEMED A THREAT AND SUSCEPTIBLE HOST PLANTS; AND
  (C) DEVELOPMENT OF  A  DISEASE  MANAGEMENT  STRATEGY  THAT  INTEGRATES
INFORMATION GAINED THROUGH APPLIED AND BASIC RESEARCH.
  S  2.  The sum of two million twenty thousand dollars ($2,020,000), or
so much thereof as may be  necessary,  is  hereby  appropriated  to  the
department  of  agriculture  and  markets out of any moneys in the state
treasury in the general  fund  to  the  credit  of  the  state  purposes
account,  not otherwise appropriated, for the purpose of providing funds
to the Phythophthora research program established  pursuant  to  section
169-e  of  the  agriculture  and markets law, as added by section one of
this act. Such moneys shall be disbursed over a period of ten  years  as
follows: three hundred ten thousand dollars ($310,000) in the first year
and  one  hundred ninety thousand dollars ($190,000) in each of the nine
years following the first year. Such moneys  shall  be  payable  to  the
department  of agriculture and markets on audit and warrant of the state
comptroller on vouchers certified or approved  by  the  commissioner  of
agriculture and markets.
  S 3. This act shall take effect immediately.