S T A T E O F N E W Y O R K
________________________________________________________________________
7008
I N S E N A T E
(PREFILED)
January 8, 2020
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation
AN ACT to amend the highway law, in relation to the use of pollinator
friendly plant species in medians along the highways of the state
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative intent. The legislature finds that the planting
of pollinator friendly plant species in medians along the highways of
this state is consistent with the state goal of beautifying the land-
scape along such highways. Therefore, it is the intent of the legisla-
ture to encourage the use of pollinator friendly plant species by the
state and its political subdivisions in designing, developing and main-
taining such medians whenever safe and feasible.
§ 2. The highway law is amended by adding a new section 19-a to read
as follows:
§ 19-A. POLLINATOR FRIENDLY PLANT SPECIES; MEDIANS. 1. FOR PURPOSES OF
THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
A. "POLLINATOR FRIENDLY PLANT SPECIES" SHALL MEAN PLANTS NATIVE TO THE
STATE, COMPOSED OF A VARIETY OF NECTAR AND POLLEN-RICH FLOWERS WITH A
WIDE RANGE AND VARIETY OF SHAPES, SIZES, AND COLORS THAT BLOSSOM AT
VARIOUS TIMES THROUGHOUT THE YEAR. THE TERM "POLLINATOR FRIENDLY PLANT
SPECIES" SHALL NOT INCLUDE MODERN PLANT HYBRIDS; AND
B. "POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, TOWN, CITY OR VILLAGE
OF THE STATE.
2. THE COMMISSIONER SHALL, IN COOPERATION WITH THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION, DEVELOP POLICIES AND PROCEDURES TO ENCOURAGE,
TRAIN AND ASSIST THE STATE AND POLITICAL SUBDIVISIONS TO USE POLLINATOR
FRIENDLY PLANT SPECIES IN MEDIANS ALONG HIGHWAYS.
3. THE COMMISSIONER SHALL DEVELOP POLICIES AND PROCEDURES FOR MOWING
HIGHWAYS THAT WILL, WHEREVER FEASIBLE AND CONSISTENT WITH STANDARDS OF
SAFETY FOR MOTOR VEHICLE OPERATORS, CYCLISTS, AND PEDESTRIANS, REDUCE
THE AMOUNT OF AREA WITHIN A HIGHWAY MEDIAN THAT IS MOWED.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14375-01-9
S. 7008 2
4. THE COMMISSIONER SHALL DEVELOP POLICIES AND PROCEDURES FOR THE
ADOPT-A-HIGHWAY PROGRAM TO ALLOW VOLUNTEER GROUPS, BUSINESSES, ORGANIZA-
TIONS, AND INDIVIDUALS TO VOLUNTARILY ADOPT MEDIANS AND REDEVELOP AND
REHABILITATE THEM INTO MEDIANS POPULATED BY POLLINATOR FRIENDLY PLANT
SPECIES.
5. A POLITICAL SUBDIVISION MAY, WITH THE APPROVAL OF THE COMMISSIONER,
DESIGNATE PORTIONS OF MEDIANS WITHIN ITS BOUNDARY FOR VOLUNTARY BEAUTI-
FICATION BY VOLUNTEER GROUPS, BUSINESSES, ORGANIZATIONS, AND INDIVID-
UALS. SUCH VOLUNTARY BEAUTIFICATION SHALL BE CONSISTENT WITH THE POLI-
CIES AND PROCEDURES DEVELOPED BY THE COMMISSIONER AND THE USE OF
POLLINATOR FRIENDLY PLANT SPECIES SET FORTH IN THIS SECTION.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such date.