Amd §2, Chap of 2025 (as proposed in S.7359-A & A.7964-A); rpld §16 sub 2-h, amd §166, Ag & Mkts L
Directs the department of agriculture and markets, in cooperation with the department of environmental conservation, to establish standards for designation of native plants, to develop a list of native plants that indicates and differentiates between native plants that are indigenous to New York state and those that are native plants found elsewhere in the United States that are likely to shift or expand their range into NY, to establish a New York native plant designation, and to offer seals or logos identifying native plants as grown in New York state; defines "native plants".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9478
SPONSOR: Kelles TITLE OF BILL:
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 estab-
lishing 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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to make amendments to Chapter 702 of the
Laws of 2025.
SUMMARY OF PROVISIONS:
Section one of the bill repeals subdivision 2-h of section 16 of the
agriculture and markets law.
Section two of the bill amends section 166 of the agriculture and
markets law to provide that the department shall establish standards for
the designation of native plants and develop a list of native plants
that shall indicate and differentiate from native plants that are
indigenous to New York state and native plants found elsewhere in the
United States that are likely to expand their range into New York state.
This section also directs the department to offer seals or logos to
identify native plants as grown in New York state to registered nursery
growers and dealers. The Department shall also provide educational mate-
rials promoting awareness of the benefits of plants native to New York
state.
Section three of the bill amends the prior effective date to extend it
to one year after it shall become law.
Section four of the bill relates to the effective date
JUSTIFICATION:
Native plants are essential to New York's ecosystems. They provide food
and habitat for pollinators, birds, and other wildlife, while also
improving soil health, managing stormwater, and supporting climate resi-
lience. But despite their ecological value, native plants are underrep-
resented in the nursery trade and underutilized in home, municipal, and
commercial landscapes. As climate conditions shift and biodiversity loss
continues, it is more important than ever to support plant choices that
sustain New York's natural heritage.
This legislation provides technical changes to the established New York
native plants designation to ensure that native plants are recognized
and promoted throughout the state.
PRIOR LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
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 agriculture
and markets law relating to establishing a New York native plants desig-
nation, as proposed in legislative bills numbers S.7359-A and A.7964-A,
takes effect.
STATE OF NEW YORK
________________________________________________________________________
9478
IN ASSEMBLY
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:
1 Section 1. Subdivision 2-h of section 16 of the agriculture and
2 markets law is REPEALED.
3 § 2. Section 166 of the agriculture and markets law is amended by
4 adding two new subdivisions 5 and 6 to read as follows:
5 5. In cooperation with the department of environmental conservation,
6 the department shall:
7 a. establish standards for designation of native plants in New York in
8 consultation with recognized certification organizations, academics,
9 nursery growers, and nursery dealers;
10 b. develop a list of native plants that shall indicate and differen-
11 tiate native plants that are: (i) non-invasive herbaceous and woody
12 plant species that are indigenous to New York state and are likely to
13 maintain their range or successfully adapt to anticipated climate chang-
14 es in New York state and the northeastern United States; and (ii)
15 native, non-invasive plants found elsewhere in the United States that
16 are likely to shift or expand their range into New York state and the
17 northeastern United States in response to anticipated climate change;
18 c. offer seals or logos identifying native plants as grown in New York
19 state and marketed by nursery growers and nursery dealers registered
20 pursuant to this article; and
21 d. provide educational materials promoting awareness and understanding
22 of the benefits of native plants under the New York native plant desig-
23 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
1 tional institutions, Cornell cooperative extension, and relevant agri-
2 cultural organizations.
3 6. For the purposes of this section, "native plants" shall mean:
4 a. non-invasive herbaceous and woody plant species that are indigenous
5 to New York state and are likely to maintain their range or successfully
6 adapt to anticipated climate changes in New York state and the north-
7 eastern United States;
8 b. germinating seeds, or other plant parts, used to propagate desira-
9 ble native plants representing a wide variety of species and genotypes
10 of plants; and
11 c. native, non-invasive plants found elsewhere in the United States
12 that are likely to shift or expand their range into New York state and
13 the northeastern United States in response to anticipated climate
14 change.
15 § 3. Section 2 of a chapter of the laws of 2025 amending the agricul-
16 ture and markets law relating to establishing a New York native plants
17 designation, as proposed in legislative bills numbers S. 7359-A and A.
18 7964-A, is amended to read a follows:
19 § 2. This act shall take effect [immediately] one year after it shall
20 have become a law.
21 § 4. This act shall take effect immediately; provided, however, that
22 sections one and two of this act shall take effect on the same date and
23 in the same manner as a chapter of the laws of 2025 amending the agri-
24 culture and markets law relating to establishing a New York native
25 plants designation, as proposed in legislative bills numbers S. 7359-A
26 and A. 7964-A, takes effect.
