N.Y. Agriculture & Markets Law § 142-b: The New York native plant seed supply, development and enhancement program

§ 142-b. The New York native plant seed supply, development and

enhancement program. 1. The commissioners of the department, the

department of environmental conservation, and the department of economic

development shall establish a New York native plant seed supply,

development and enhancement program.

2. The purpose of such program shall be to:

(a) increase the production of native plant seeds, as provided for in

subdivision three of this section, at plant nurseries in the state; and

(b) increase the use of native plant seeds, as provided for in

subdivision three of this section, in public land management, roadside

landscaping, reforestation, pollinator promotion, habitat restoration,

regular groundskeeping and maintenance on state lands, and other

projects as determined by the commissioners of the department, the

department of environmental conservation, and economic development.

3. No later than one year after the effective date of this section,

the commissioners shall develop a list of plant seeds eligible for

consideration to participate in such program and/or for use in

connection with the requirement of subdivision six of this section. The

list shall be updated by the commissioners at least once every three

years or if determined necessary by the commissioners.

4. Funds for the program shall be subject to appropriation and may be

used to establish growing operations managed by the state or to support

private entities that can increase the state's native plant seed supply.

5. As used in this section, "native plant seed" means:

(a) non-invasive herbaceous and woody plant species that are

indigeneous to New York state and are likely to maintain their range or

successfully adapt to anticipated climate changes in New York state and

the northeastern United States, or native, non-invasive plants found

elsewhere in the United States that are likely to shift or expand their

range into New York state and the northeastern United States in response

to the anticipated climate change; and

(b) germinating seeds, or other plant parts, used to propagate

desirable native plants representing a wide variety of species and

genotypes of plants.

6. Whenever possible and practicable, the state shall make use of

native plant seeds when engaging in public land management, roadside

landscaping, reforestation, pollinator promotion, habitat restoration,

regular groundskeeping and maintenance on state lands, and other

projects as determined by the commissioners of the department, the

department of environmental conservation, and the department of economic

development.