Relates to human-relevant research funding for scientific testing on animals to promote human-relevant research alternatives to scientific animal testing and establishes the promoting ethical testing solutions fund.
STATE OF NEW YORK
________________________________________________________________________
3457
2025-2026 Regular Sessions
IN SENATE
January 27, 2025
___________
Introduced by Sen. GIANARIS -- read twice and ordered printed, and when
printed to be committed to the Committee on Health
AN ACT to amend the public health law, in relation to human-relevant
research funding for scientific testing on animals; and to amend the
state finance law, in relation to establishing the promoting ethical
testing solutions fund
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "promoting
2 ethical testing solutions (P.E.T.S) act".
3 § 2. The public health law is amended by adding a new section 504-a to
4 read as follows:
5 § 504-a. Human-relevant research funding for scientific testing on
6 animals. 1. For the purposes of this section, the following terms shall
7 have the following meanings:
8 (a) "Animal" shall mean any living creature other than a human.
9 (b) "Animal testing" shall mean the use of live animals in scientific
10 tests, experiments or investigations.
11 (c) "Corporation" shall mean the empire state development corporation.
12 (d) "Fund" shall mean the promoting ethical testing solutions fund.
13 2. (a) The corporation and the state comptroller shall establish and
14 administer a nonlapsing revolving fund which shall be known as the
15 promoting ethical testing solutions fund.
16 (b) The purpose of the fund shall be to promote state-funded research
17 intended to develop human-relevant alternatives to using non-human
18 animals in scientific medical and product testing and research through
19 grants and loans to public and private entities in the state.
20 (c) Monies in the fund shall consist of:
21 (i) revenue distributed to the fund;
22 (ii) money in the state budget appropriated to the fund in accordance
23 with the provisions of the state budget for each fiscal year;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07270-01-5
S. 3457 2
1 (iii) all interest earnings of the fund; and
2 (iv) any other monies from any other source accepted for the benefit
3 of the fund.
4 (d) Monies in the fund shall be used only for the purposes of:
5 (i) awarding grants and loans for state-funded, human-relevant animal
6 testing alternatives research; and
7 (ii) paying necessary costs to administer the fund.
8 (e) Notwithstanding any other provision of law to the contrary, and
9 unless inconsistent with a federal law, grant agreement, or other feder-
10 al requirement or with the terms of a gift or settlement agreement, net
11 interest on all state money allocated by the state comptroller to
12 special funds or accounts, and otherwise entitled to receive interest
13 earnings, as accounted for by the state comptroller, shall accrue to the
14 fund.
15 3. (a) The corporation shall establish a grant and loan program to
16 provide grants and loans for state-funded, human-relevant animal testing
17 alternatives research.
18 (b) A grant or loan awarded under this subdivision shall be contingent
19 on the recipient entering into a memorandum of understanding with the
20 corporation which shall:
21 (i) establish the scope of the state's ownership or other financial
22 interest in the commercialization and other benefits of the results,
23 products, inventions, and discoveries resulting from state-funded,
24 human-relevant research; and
25 (ii) to the extent consistent with federal and state law, reflect the
26 intellectual property policies of the corporation.
27 (c) The corporation may not disburse grant or loan money to a recipi-
28 ent until such recipient meets the requirements of paragraph (b) of this
29 subdivision.
30 4. The corporation shall, pursuant to rules and regulations to be
31 adopted by the department:
32 (a) review, evaluate, rank, and rate research proposals for state-
33 funded, human-relevant animal testing alternatives research based on the
34 procedures and guidelines established by the corporation, and in a
35 manner that gives due consideration to the scientific, medical, and
36 ethical implications of the research; and
37 (b) based on the rankings and ratings awarded to the research
38 proposals, make recommendations for the award and disbursement of grants
39 and loans.
40 5. The corporation shall adopt rules and regulations to establish
41 procedures for awarding and making the disbursement of a grant or loan
42 from the fund.
43 6. (a) On or before January first of each year, the corporation shall
44 file a report with the governor, the temporary president of the senate,
45 the speaker of the assembly, the minority leader of the senate, and the
46 minority leader of the assembly on the human-relevant animal testing
47 alternatives research conducted with money from grants or loans awarded
48 under this section.
49 (b) The report shall identify, but not be limited to:
50 (i) each recipient of money from the fund;
51 (ii) the amount of money awarded to each recipient; and
52 (iii) a description of the type of state-funded, human-relevant
53 research performed by the recipient, including the animal tests the
54 research is intended to replace.
55 7. (a) On or before January fifteenth of each year, each laboratory or
56 institution that is located in the state shall pay to the department a
S. 3457 3
1 contribution, which shall be based on the laboratory or institution's
2 annual disclosure of the number of vertebrates used in research, test-
3 ing, or experimentation pursuant to rules and regulations to be imple-
4 mented by the commissioner, as follows:
5 (i) five thousand dollars for up to five hundred vertebrates;
6 (ii) ten thousand dollars for more than five hundred but not more than
7 one thousand vertebrates;
8 (iii) twenty-five thousand dollars for more than one thousand but not
9 more than five thousand vertebrates;
10 (iv) thirty-five thousand dollars for more than five thousand but less
11 than ten thousand vertebrates; and
12 (v) fifty thousand dollars for more than ten thousand vertebrates.
13 (b) The amount of the contribution to be paid under paragraph (a) of
14 this subdivision shall be based on annual disclosures to be submitted to
15 the department by each laboratory and institution located in the state.
16 (c) A laboratory or institution that fails to pay the contribution
17 required may be subject to a civil penalty which shall not exceed one
18 thousand dollars per day.
19 (d) The department shall distribute all monies collected pursuant to
20 this subdivision to the fund in a manner described by the state comp-
21 troller and the corporation.
22 8. This section shall not apply to a federal research facility, as
23 defined in Title 7, Section 2132 of the United States Code.
24 9. The department shall promulgate rules and regulations to implement,
25 administer, and enforce the requirements of this section, including:
26 (a) to effectuate the disclosure by laboratories and institutions of
27 the number of vertebrates used in research, testing, or experimentation
28 as required by this section; and
29 (b) to identify experts in non-animal research to be consulted by the
30 corporation in awarding and disbursement of grants and loans pursuant to
31 this section.
32 § 3. The state finance law is amended by adding a new section 99-ss to
33 read as follows:
34 § 99-ss. Promoting ethical testing solutions fund. 1. There is hereby
35 established in the joint custody of the state comptroller and the
36 commissioner of taxation and finance, a fund to be known as the promot-
37 ing ethical testing solutions fund.
38 2. Such fund shall consist of all monies collected pursuant to section
39 five hundred four-a of the public health law, and all other monies cred-
40 ited or transferred thereto from any other fund or source pursuant to
41 law.
42 3. Monies of the fund shall be expended solely for the purposes of
43 carrying out the provisions of section five hundred four-a of the public
44 health law. Monies shall be paid out of the fund on the audit and
45 warrant of the state comptroller on vouchers approved by the empire
46 state development corporation. Any interest received by the comptroller
47 on monies on deposit in the promoting ethical testing solutions fund
48 shall be retained in and become part of such fund.
49 § 4. This act shall take effect January 1, 2026.
