Bill Text: NY A08083 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Directs the commissioner of agriculture and markets to develop guidelines for vegetation management plans to be used by persons or corporations that make claims that they provide pollinator protection.

Spectrum: Partisan Bill (Democrat 35-0)

Status: (Passed) 2018-12-07 - approval memo.9 [A08083 Detail]

Download: New_York-2017-A08083-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8083
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 25, 2017
                                       ___________
        Introduced  by M. of A. MAGEE -- read once and referred to the Committee
          on Agriculture
        AN ACT to amend the agriculture and markets law, in relation to creating
          a solar array pollinator benefit program
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "solar array pollinator benefit program".
     3    § 2. The agriculture and markets law is amended by adding a new  arti-
     4  cle 29-A to read as follows:
     5                                ARTICLE 29-A
     6                         POLLINATOR SUPPORT PROGRAM
     7  Section 520. Solar array pollinator benefit program.
     8    §  520. Solar  array  pollinator  benefit  program. 1. As used in this
     9  section, the following terms shall have the following meanings:
    10    (a) "Pollinator" means an insect or bird that  pollinates  vegetation,
    11  and shall include wild and managed insects.
    12    (b) "Native perennial vegetation" means native wildflowers, forbs, and
    13  grasses  that  serve  as habitat, forage, and migratory way stations for
    14  pollinators, and shall not include any prohibited or regulated  invasive
    15  species as determined by the department of environmental conservation in
    16  consultation with the department.
    17    (c)  "Solar site" means a ground-mounted solar energy system that is a
    18  minimum of one acre in size.
    19    (d) "Owner" means a public or private entity that  has  a  controlling
    20  interest  in  the  solar  site  or  the  land on which the solar site is
    21  located.
    22    (e) "Vegetation  management  plan"  means  a  planning  document  that
    23  includes  short-  and  long-term  site  management  practices  that will
    24  provide and maintain native perennial vegetation.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11674-02-7

        A. 8083                             2
     1    2. An owner of a solar site may only make a  public  claim  that  such
     2  site  provides  benefits  to  pollinators if such owner develops a vege-
     3  tation management plan that meets or exceeds  minimum  standards  estab-
     4  lished by the department, which shall include:
     5    (a)  the percentage of the solar site that will be covered with native
     6  perennial vegetation;
     7    (b) the type, amount, and diversity  of  native  perennial  vegetation
     8  that will be maintained on the solar site;
     9    (c)  the  number of seasons where there will be at least three species
    10  of native perennial vegetation in bloom on the solar site;
    11    (d) maintenance practices to be used on the solar site;
    12    (e) use of pesticides on the solar site;
    13    (f) width and composition of vegetation buffers adjacent to the  solar
    14  site; and
    15    (g) any other standards established by the commissioner.
    16    3.  Before an owner may make a public claim that a solar site provides
    17  benefits to pollinators, such owner must submit a vegetation  management
    18  plan  that  is  applicable  to  such site, and that meets or exceeds the
    19  minimum standards in subdivision two of this section, to the department,
    20  which shall be made available to the public.
    21    4. Nothing in this section shall restrict any farming practices on any
    22  land adjacent to a solar site that has been determined to provide  bene-
    23  fits to pollinators.
    24    §  3.  This  act shall take effect on the ninetieth day after it shall
    25  have become a law.
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