S T A T E O F N E W Y O R K
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9620
I N A S S E M B L Y
January 21, 2026
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Introduced by M. of A. LEVENBERG -- read once and referred to the
Committee on Transportation
AN ACT to amend the state finance law, the highway law and the vehicle
and traffic law, in relation to establishing the native/pollinator
planting fund, the pollinator highway program and creating distinctive
native plant or pollinator license plates
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
99-uu to read as follows:
§ 99-UU. NATIVE/POLLINATOR PLANTING FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE
AND THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS THE
NATIVE/POLLINATOR PLANTING FUND. IT SHALL CONSIST OF AMOUNTS CREDITED TO
THE FUND IN ACCORDANCE WITH THIS SECTION.
2. THE FUND SHALL CONSIST OF: (A) REVENUE FROM APPROPRIATIONS OR OTHER
MONEY AUTHORIZED BY THE STATE LEGISLATURE AND SPECIFICALLY DESIGNATED TO
BE CREDITED TO THE FUND; (B) INTEREST EARNED ON MONEY IN THE FUND; (C)
STATE AND FEDERAL GRANTS FOR GREEN INFRASTRUCTURE PROJECTS; AND (D)
REVENUE GENERATED FROM THE SALE OF A DEDICATED DISTINCTIVE LICENSE PLATE
FEATURING NATIVE PLANT OR POLLINATOR IMAGERY. AMOUNTS CREDITED TO THE
FUND SHALL NOT BE SUBJECT TO FURTHER APPROPRIATION AND ANY MONEY REMAIN-
ING IN THE FUND AT THE END OF A FISCAL YEAR SHALL NOT REVERT TO THE
GENERAL FUND.
3. MONEY IN THE FUND SHALL BE EXPENDED TO SUPPORT THE ESTABLISHMENT
AND IMPLEMENTATION OF THE PROGRAM ESTABLISHED UNDER SECTION SIXTY-SEVEN
OF THE HIGHWAY LAW, INCLUDING GRANTS TO MUNICIPALITIES AND PARTNERSHIPS
WITH ENVIRONMENTAL ORGANIZATIONS. PRIORITY FUNDING SHALL BE GIVEN TO
PROJECTS DEMONSTRATING SIGNIFICANT COMMUNITY AND ENVIRONMENTAL BENEFITS.
4. THE DEPARTMENT OF TRANSPORTATION SHALL ANNUALLY, NOT LATER THAN
DECEMBER THIRTY-FIRST, REPORT ON THE ACTIVITY OF THE FUND TO: (A) THE
CHAIRS OF THE SENATE AND THE ASSEMBLY ENVIRONMENTAL CONSERVATION COMMIT-
TEES; (B) THE CHAIRS OF THE SENATE AND THE ASSEMBLY TRANSPORTATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11939-05-6
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COMMITTEES; AND (C) THE CHAIRS OF THE SENATE FINANCE AND THE ASSEMBLY
WAYS AND MEANS COMMITTEES.
§ 2. The highway law is amended by adding a new section 67 to read as
follows:
§ 67. POLLINATOR HIGHWAY PROGRAM. 1. THE DEPARTMENT SHALL ESTABLISH A
PROGRAM TO PROMOTE THE CULTIVATION AND MAINTENANCE OF NATIVE FLOWERING
PLANTS, GRASSES AND SHRUBS ON LAND BORDERING STATE HIGHWAYS AND ON OTHER
PUBLIC LANDS. THE DEPARTMENT SHALL ESTABLISH OBJECTIVES FOR THE PROGRAM
INCLUDING: (A) INCORPORATING NATIVE PLANTINGS INTO GREEN INFRASTRUCTURE
SOLUTIONS, SUCH AS RAIN GARDENS, BIO-SWALES AND PERMEABLE LANDSCAPES TO
REDUCE RUNOFF, FILTER POLLUTANTS AND IMPROVE WATER QUALITY; (B) ESTAB-
LISHING AND ENHANCING HABITATS FOR POLLINATORS, INCLUDING BEES, BUTTERF-
LIES AND OTHER BENEFICIAL INSECTS BY PRIORITIZING PLANT SPECIES NATIVE
TO THE REGION; AND (C) UTILIZING NATIVE VEGETATION TO IMPROVE SOIL
HEALTH, SEQUESTER CARBON AND REDUCE THE NEED FOR EMISSIONS-INTENSIVE
MAINTENANCE ACTIVITIES SUCH AS MOWING AND PESTICIDE APPLICATIONS.
2. THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE
AND MARKETS, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND RELEVANT
ENVIRONMENTAL ORGANIZATIONS, SHALL: (A) IDENTIFY AND PRIORITIZE SUITABLE
LOCATIONS AND AREAS THAT WOULD BENEFIT FROM IMPROVED STORMWATER MANAGE-
MENT, REDUCED MAINTENANCE OR ENHANCED BIODIVERSITY; (B) DEVELOP STAND-
ARDS FOR SELECTING AND MAINTAINING PLANT SPECIES TO ENSURE THEIR ECOLOG-
ICAL SUITABILITY, RESILIENCE AND EFFECTIVENESS IN ACHIEVING THE
PROGRAM'S GOALS; (C) ENCOURAGE THE USE OF INNOVATIVE STORMWATER MANAGE-
MENT TECHNIQUES THAT INTEGRATE NATIVE VEGETATION; AND (D) COORDINATE
WITH MUNICIPALITIES, REGIONAL PLANNING AGENCIES AND ENVIRONMENTAL GROUPS
TO IMPLEMENT PILOT PROJECTS AND COMMUNITY-BASED INITIATIVES.
3. THE DEPARTMENT SHALL SUPPORT THE PROGRAM'S IMPLEMENTATION BY ESTAB-
LISHING: (A) GRANTS TO MUNICIPALITIES FOR DESIGNING AND INSTALLING GREEN
INFRASTRUCTURE PROJECTS UTILIZING NATIVE PLANTINGS; (B) PARTNERSHIPS
WITH LOCAL NURSERIES AND LANDSCAPERS TO SUPPLY NATIVE PLANTS AND SUPPORT
JOB CREATION; (C) PUBLIC-PRIVATE PARTNERSHIPS TO REDUCE COSTS AND
ENHANCE THE PROGRAM'S OUTREACH; AND (D) IN CONSULTATION WITH THE DEPART-
MENT OF MOTOR VEHICLES, A DISTINCTIVE LICENSE PLATE FEATURING NATIVE
PLANT OR POLLINATOR IMAGERY, WITH THE PROCEEDS SUPPORTING THE PROGRAM'S
ACTIVITIES AND GRANTS TO MUNICIPALITIES.
4. THE DEPARTMENT SHALL PROMOTE COMMUNITY ENGAGEMENT AND EDUCATION BY:
(A) DEVELOPING AND DISSEMINATING EDUCATIONAL MATERIALS ABOUT THE ENVI-
RONMENTAL, ECONOMIC AND HEALTH BENEFITS OF NATIVE PLANTINGS AND STORMWA-
TER MANAGEMENT; (B) ENCOURAGING CITIZEN INVOLVEMENT THROUGH VOLUNTEER
PROGRAMS, LOCAL WORKSHOPS AND MONITORING INITIATIVES; AND (C) COLLAB-
ORATING WITH SCHOOL AND COMMUNITY ORGANIZATIONS TO PROMOTE ENVIRONMENTAL
STEWARDSHIP AND AWARENESS.
5. THE DEPARTMENT SHALL ESTABLISH MEASURABLE GOALS AND METRICS TO
ASSESS THE PROGRAM'S EFFECTIVENESS, INCLUDING: (A) THE REDUCTION IN
STORMWATER RUNOFF AND IMPROVEMENT IN WATER QUALITY; (B) INCREASES IN
POLLINATOR POPULATIONS AND BIODIVERSITY; (C) COST SAVINGS IN MAINTENANCE
AND OPERATIONS; AND (D) ANNUAL REPORTING TO THE GENERAL PUBLIC AND THE
LEGISLATURE ON THE PROGRAM'S PROGRESS.
6. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS TO CARRY OUT
THE PURPOSES OF THIS SECTION WITHIN ONE YEAR OF ITS EFFECTIVE DATE.
§ 3. The vehicle and traffic law is amended by adding a new section
404-ff to read as follows:
§ 404-FF. DISTINCTIVE NATIVE PLANT OR POLLINATOR LICENSE PLATES. 1.
ANY PERSON RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A
DISTINCTIVE NATIVE PLANT OR POLLINATOR LICENSE PLATE OF A DESIGN
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APPROVED BY THE COMMISSIONER, AFTER CONSULTATION WITH THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION AND THE COMMISSIONER OF TRANSPORTATION.
APPLICATION FOR SUCH LICENSE PLATE SHALL BE FILED WITH THE COMMISSIONER
IN SUCH FORM AND DETAIL AS THE COMMISSIONER SHALL PRESCRIBE.
2. A DISTINCTIVE NATIVE PLANT OR POLLINATOR PLATE ISSUED PURSUANT TO
THIS SECTION SHALL BE ISSUED IN THE SAME MANNER AS OTHER NUMBER PLATES
UPON THE PAYMENT OF THE REGULAR REGISTRATION FEES PRESCRIBED BY SECTION
FOUR HUNDRED ONE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT AN ADDITIONAL
ANNUAL SERVICE CHARGE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED FOR SUCH
PLATE. ALL MONIES RECEIVED AS ANNUAL SERVICE CHARGES UNDER THIS SECTION
SHALL BE DEPOSITED TO THE CREDIT OF THE NATIVE/POLLINATOR PLANTING FUND
ESTABLISHED PURSUANT TO SECTION NINETY-NINE-UU OF THE STATE FINANCE LAW;
AND SHALL BE USED TO SUPPORT THE ESTABLISHMENT AND IMPLEMENTATION OF THE
POLLINATOR HIGHWAY PROGRAM ESTABLISHED UNDER SECTION SIXTY-SEVEN OF THE
HIGHWAY LAW.
§ 4. 1. A distinctive plate established pursuant to section 404-ff of
the vehicle and traffic law as added by section three of this act shall
only be designed, produced and issued upon the delivery to the depart-
ment of motor vehicles of a surety bond in the amount of $6,000, which
shall be executed by a surety company authorized by the department of
financial services to transact business in this state. Provided, howev-
er, that if the commissioner of motor vehicles shall have received prior
to plate design, production and issuance at least two hundred orders for
such distinctive plate together with the additional annual service
charge applicable to each such order, which shall be non-refundable, no
such surety bond shall be required. Any additional service charges
collected pursuant to this section shall be deposited pursuant to the
provisions of section ninety-nine-uu of the state finance law.
2. If, upon the expiration of two years following the date upon which
distinctive plates in the series are first available for sale 200 or
more sets of such plates are sold, a bond delivered pursuant to this
section shall be discontinued. If fewer than 200 sets of such plates are
sold by such time, the department of motor vehicles shall be entitled to
recover against the bond in an amount proportionate to such shortfall.
§ 5. This act shall take effect immediately.