The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8275
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 25, 2021
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04739-01-1

 A. 8275                             2
 
 SAFETY  FOR  MOTOR  VEHICLE OPERATORS, CYCLISTS, AND PEDESTRIANS, REDUCE
 THE AMOUNT OF AREA WITHIN A HIGHWAY MEDIAN THAT IS MOWED.
   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.