S T A T E O F N E W Y O R K
________________________________________________________________________
8153
2023-2024 Regular Sessions
I N A S S E M B L Y
October 13, 2023
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
establishing the New York native plants program
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 native
plants and ecology are under threat due to habitat destruction, modifi-
cation, and curtailment. The state's ecology is likewise facing
increased competition from invasive species and additional stress due to
climate change. The state has a responsibility to conserve and enhance
the native ecological health of the state which directly influences
public health, agricultural efficacy, economic activity, and recreation-
al enjoyment.
§ 2. The environmental conservation law is amended by adding a new
section 9-0114 to read as follows:
§ 9-0114. NATIVE PLANT PROGRAM.
1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION:
(A) "NATIVE PLANTS" SHALL MEAN PLANTS WHOSE KNOWN NATIVE RANGE
INCLUDES ALL OR PART OF NEW YORK STATE AND ITS PROXIMATE ECOREGION.
(B) "NATIVE RANGE" SHALL MEAN AN ECOREGION WHICH A PLANT HAS HISTOR-
ICALLY BEEN FOUND IN OR WHICH HAS ADAPTED TO IN THE CONTEXT OF CLIMATE
CHANGE AND WHICH IS NON-INVASIVE TO NORTH AMERICA, SUCH AS PLANTS NATIVE
TO THE MID-ATLANTIC ECOREGION.
(C) "POLITICAL SUBDIVISION" SHALL MEAN A COUNTY, TOWN, CITY, DISTRICT,
OR VILLAGE OF THE STATE.
(D) "SOIL ECOLOGY RESTORATION PRACTICES" SHALL MEAN LAND MANAGEMENT
THAT IMPROVES SOILS THROUGH ACTIONS THAT:
(I) FOLLOW THE PRINCIPLES OF: MINIMIZING SOIL DISTURBANCE FROM SOIL
PREPARATION; MAXIMIZING SOIL VEGETATION COVER; MAXIMIZING THE DIVERSITY
OF BENEFICIAL SOIL ORGANISMS; INCREASING SOIL CARBON CONTENT AND SEQUES-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13352-01-3
A. 8153 2
TRATION CAPACITY; MAXIMIZING THE PRESENCE OF LIVING ROOTS; AND INTEGRAT-
ING NATIVE ANIMALS INTO LAND MANAGEMENT; AND
(II) INCLUDE SUCH PRACTICES AS: CONSERVATION TILLAGE OR NO-TILL;
PRECISION NITROGEN AND PHOSPHORUS APPLICATION; LAND MANAGEMENT THROUGH
GRAZING; INTEGRATED PEST MANAGEMENT; NUTRIENT BEST MANAGEMENT PRACTICES;
AND THOSE PRACTICES RECOMMENDED BY THE UNITED STATES DEPARTMENT OF AGRI-
CULTURE NATURAL RESOURCES CONSERVATION SERVICES AND THAT ARE SUPPORTED
BY THE STATE SOIL AND WATER CONSERVATION COMMITTEE.
(E) "XERISCAPE" SHALL MEAN LANDSCAPES THAT CONSERVE WATER, MINIMIZE
USE OF PESTICIDES AND FERTILIZERS, PROTECT THE NATURAL ENVIRONMENT, ARE
ADAPTABLE TO LOCAL CONDITIONS, AND WHICH ARE DROUGHT TOLERANT THROUGH
ACTIONS THAT FOLLOW THE PRINCIPLES OF THE ENVIRONMENTAL PLANNING AND
DESIGN OF LANDSCAPES WITH APPROPRIATE CHOICE OF NATIVE PLANTS, TOPO-
GRAPHIC FEATURES, SOIL ANALYSIS AND CARE WHICH MAY INCLUDE THE USE OF
WASTE COMPOST, PRACTICAL USE OF TURF, EFFICIENT NATURAL IRRIGATION
FEATURES, SELECTIVE USE OF MULCHES, AND APPROPRIATELY LIMITED MAINTE-
NANCE AS DESIGNED FOR COST AND RESOURCE SAVING.
(F) "ECOREGION" SHALL MEAN AREAS OF GENERAL SIMILARITY IN ECOSYSTEMS
AND IN THE TYPE, QUALITY, AND QUANTITY OF ENVIRONMENTAL RESOURCES, AND
THAT ARE DEFINED BY DISTINCTIVE GEOGRAPHY AND SIMILAR CLIMATE.
(G) "SEED OR PLANT PROVENANCE" SHALL MEAN THE SPECIFIED AREA IN WHICH
THE SEED OR PLANTS PRODUCED FROM THE SEED WERE LOCATED OR WERE DERIVED.
(H) "GREENSPACE" SHALL MEAN PUBLIC LAND INCLUDING STATE OR MUNICIPALLY
OWNED, MANAGED, OR ADMINISTERED RECREATIONAL SPACES, PARKS, PRESERVES,
MEDIANS AND VERGES, AND GARDENS THAT ARE DESIGNATED FOR NON-COMMERCIAL,
NON-RESIDENTIAL, OR NON-AGRICULTURAL USE WITH THE PURPOSE OF PUBLIC
RECREATION, ECOLOGICAL CONSERVATION OR SCIENTIFIC STUDY, AND NATURAL OR
CULTIVATED AESTHETICS. GREENSPACE SHALL NOT INCLUDE ZOOS, ARBORETUMS,
BOTANICAL GARDENS, AQUARIA, OR OTHER SIMILAR INSTITUTIONS WHOSE EXPRESS
PURPOSE IS TO EDUCATE AND ENGAGE THE PUBLIC OR ENGAGE IN SCIENTIFIC
RESEARCH.
2. (A) THE COMMISSIONER SHALL DEVELOP AND IMPLEMENT A "NEW YORK NATIVE
PLANTS PROGRAM" TO IDENTIFY AND PROMULGATE A LIST OF NEW YORK NATIVE
PLANTS APPROPRIATE FOR EACH ECOREGION IN THE STATE WHICH SHALL BE
LABELED AS SUCH AND ELIGIBLE FOR REBATE. THE PURPOSE OF THE PROGRAM
SHALL BE TO ENCOURAGE AND PROMOTE THE SALE OF NEW YORK NATIVE PLANTS AND
SEEDS AT RETAIL GARDEN CENTERS AND NURSERIES. THE PROGRAM SHALL INCREASE
CONSUMER AWARENESS OF THE IMPORTANT ROLE OF NATIVE PLANTS IN THE ECOSYS-
TEM THROUGH ADVERTISING CAMPAIGNS, MARKETING PROGRAMS, AND PUBLICLY
AVAILABLE INFORMATION ABOUT NEW YORK NATIVE PLANTS. ELIGIBLE PLANTS
SHALL BE LABELED AS "NEW YORK NATIVE PLANTS".
(B) THE COMMISSIONER MAY OFFER REBATES AT THE POINT-OF-SALE FOR ELIGI-
BLE NEW YORK NATIVE PLANTS.
3. NEW YORK NATIVE PLANTS SHALL BE USED IN GREENSPACES EXCEPT AS
AUTHORIZED PURSUANT TO PARAGRAPHS (G) AND (H) OF THIS SUBDIVISION, AND
THE COMMISSIONER SHALL ENCOURAGE THE USE OF SUCH PLANTS.
(A) PLANS AND SPECIFICATIONS FOR ANY GREENSPACE, WHERE PRACTICABLE AND
APPROPRIATE AS DETERMINED BY THE COMMISSIONER, SHALL REQUIRE THE USE OF
NATIVE PLANTS.
(B) APPROPRIATE SITE AND SOIL ANALYSES, AS DETERMINED BY THE COMMIS-
SIONER, SHALL BE PERFORMED TO BEST MATCH NATIVE PLANT PREFERENCES WITH
SITE AND SOIL CONDITIONS.
(C) SITE DESIGN AND CONSTRUCTION, AS WELL AS PLANT SELECTION,
CONDUCTED, FINANCED, OR CONTRACTED WITH THE STATE SHALL INCORPORATE
CONSIDERATIONS SUCH AS BIOLOGICAL NEEDS, MINIMAL MAINTENANCE AND WATER
USAGE, BENEFITS TO NATIVE POLLINATORS AND ANIMALS, THE COMPOSITION OF
A. 8153 3
PLANT COMMUNITIES AT PROJECT SITES, PROVENANCE AND ECOREGION, RECRE-
ATIONAL CAPACITY, AND THE MINIMAL USE OF FERTILIZERS AND PESTICIDES.
(D) THE COMMISSIONER SHALL PROVIDE TO THE PUBLIC, THROUGH THE INTERNET
AND BY OTHER MEANS AS APPROPRIATE, PUBLIC ENGAGEMENT EVENTS, SIGNAGE, OR
OTHER RELEVANT INFORMATION, AS DETERMINED BY THE COMMISSIONER, ON THE
IMPORTANCE AND ROLE OF NATIVE PLANTS TO NATIVE ECOLOGICAL HABITATS AND
LOCAL COMMUNITIES.
(E) OUTDOOR DEMONSTRATION PROJECTS EXHIBITING AND PROMOTING THE BENE-
FITS OF NATIVE SPECIES AND ENVIRONMENTALLY SOUND LANDSCAPING PRACTICES
SHALL BE CREATED AND MAINTAINED IN STATE PARKS, CONSERVATION SITES,
RECREATION AREAS, HISTORIC LOCATIONS, TOURIST ATTRACTIONS, AREAS OF
LOCAL IMPORTANCE, AND AT SUNY SCHOOLS.
(F) PUBLIC-PRIVATE PARTNERSHIPS WITH EDUCATIONAL INSTITUTIONS, ZOOS,
BOTANICAL GARDENS, AQUARIA, ARBORETA, COMMERCIAL NURSERIES, COMMUNITY
GARDENS, AND GARDEN CLUBS SHALL BE ENCOURAGED TO INCREASE THE AVAILABIL-
ITY OF NATIVE PLANTS AND SHARE KNOWLEDGE ABOUT THEIR USE, PROVENANCE
MAINTENANCE, AND PROPAGATION.
(G) THE COMMISSIONER MAY DETERMINE THAT NO NATIVE PLANT MAY ADEQUATELY
FIT A CERTAIN ENVIRONMENT OR LANDSCAPE IN WHICH CASE PLANTS THAT ARE
NON-COMPETITIVE AND NEUTRAL, AS DETERMINED BY THE COMMISSIONER, TO
NATIVE PLANTS AND ANIMALS MAY BE PERMITTED.
(H) THIS SECTION SHALL NOT APPLY TO COMMUNITY GARDENS AND STATE FUNDED
OR SPONSORED AGRICULTURAL ACTIVITIES FOR THE PURPOSE OF GROWING FOOD OR
OTHER CROPS WHICH MAY NOT BE NATIVE TO THE STATE.
(I) NON-NATIVE SPECIES THAT ARE UTILIZED AS A COVER CROP TO ESTABLISH
NATIVE PLANTS AND ARE TEMPORARY IN NATURE, AS DETERMINED BY THE COMMIS-
SIONER, MAY BE PERMITTED.
§ 3. This act shall take effect immediately.
Yes. We need this bill to help protect our beautiful state. I'm proud and relieved to see this bill being put forward.