Establishes a New York native plants designation; repealer, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9478
 
                           I N  A S S E M B L Y
 
                              January 7, 2026
                                ___________
 
 Introduced by M. of A. KELLES -- read once and referred to the Committee
   on Agriculture
 
 AN  ACT  to amend the agriculture and markets law, in relation to estab-
   lishing a New  York  native  plants  designation;  to  repeal  certain
   provisions of such law relating thereto; and to amend a chapter of the
   laws  of  2025  amending  the  agriculture and markets law relating to
   establishing a New York native  plants  designation,  as  proposed  in
   legislative bills numbers S. 7359-A and A.  7964-A, in relation to the
   effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-h  of  section  16  of  the  agriculture  and
 markets law is REPEALED.
   §  2.  Section  166  of  the agriculture and markets law is amended by
 adding two new subdivisions 5 and 6 to read as follows:
   5. IN COOPERATION WITH THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION,
 THE DEPARTMENT SHALL:
   A. ESTABLISH STANDARDS FOR DESIGNATION OF NATIVE PLANTS IN NEW YORK IN
 CONSULTATION  WITH  RECOGNIZED  CERTIFICATION  ORGANIZATIONS, ACADEMICS,
 NURSERY GROWERS, AND NURSERY DEALERS;
   B. DEVELOP A LIST OF NATIVE PLANTS THAT SHALL INDICATE  AND  DIFFEREN-
 TIATE  NATIVE  PLANTS  THAT  ARE:  (I) NON-INVASIVE HERBACEOUS AND WOODY
 PLANT SPECIES THAT ARE INDIGENOUS TO NEW YORK STATE AND  ARE  LIKELY  TO
 MAINTAIN THEIR RANGE OR SUCCESSFULLY ADAPT TO ANTICIPATED CLIMATE CHANG-
 ES  IN  NEW  YORK  STATE  AND  THE  NORTHEASTERN UNITED STATES; AND (II)
 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 ANTICIPATED CLIMATE CHANGE;
   C. OFFER SEALS OR LOGOS IDENTIFYING NATIVE PLANTS AS GROWN IN NEW YORK
 STATE AND MARKETED BY NURSERY GROWERS  AND  NURSERY  DEALERS  REGISTERED
 PURSUANT TO THIS ARTICLE; AND
   D. PROVIDE EDUCATIONAL MATERIALS PROMOTING AWARENESS AND UNDERSTANDING
 OF  THE BENEFITS OF NATIVE PLANTS UNDER THE NEW YORK NATIVE PLANT DESIG-
 NATION TO HORTICULTURAL PRODUCERS,  GARDEN  CENTERS,  CONSUMERS,  EDUCA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11627-04-6
 A. 9478                             2
 
 TIONAL  INSTITUTIONS,  CORNELL COOPERATIVE EXTENSION, AND RELEVANT AGRI-
 CULTURAL ORGANIZATIONS.
   6. FOR THE PURPOSES OF THIS SECTION, "NATIVE PLANTS" SHALL MEAN:
   A. NON-INVASIVE HERBACEOUS AND WOODY PLANT SPECIES THAT ARE INDIGENOUS
 TO NEW YORK STATE AND ARE LIKELY TO MAINTAIN THEIR RANGE OR SUCCESSFULLY
 ADAPT  TO  ANTICIPATED  CLIMATE CHANGES IN NEW YORK STATE AND THE NORTH-
 EASTERN UNITED STATES;
   B. GERMINATING SEEDS, OR OTHER PLANT PARTS, USED TO PROPAGATE  DESIRA-
 BLE  NATIVE  PLANTS REPRESENTING A WIDE VARIETY OF SPECIES AND GENOTYPES
 OF PLANTS; AND
   C. 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  ANTICIPATED  CLIMATE
 CHANGE.
   §  3. Section 2 of a chapter of the laws of 2025 amending the agricul-
 ture and markets law relating to establishing a New York  native  plants
 designation,  as  proposed in legislative bills numbers S. 7359-A and A.
 7964-A, is amended to read a follows:
   § 2. This act shall take effect [immediately] ONE YEAR AFTER IT  SHALL
 HAVE BECOME A LAW.
   §  4.  This act shall take effect immediately; provided, however, that
 sections one and two of this act shall take effect on the same date  and
 in  the  same manner as a chapter of the laws of 2025 amending the agri-
 culture and markets law relating  to  establishing  a  New  York  native
 plants  designation,  as proposed in legislative bills numbers S. 7359-A
 and A.  7964-A, takes effect.