STATE OF NEW YORK ________________________________________________________________________ 6871 2025-2026 Regular Sessions IN ASSEMBLY March 17, 2025 ___________ Introduced by M. of A. BORES -- read once and referred 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
A. 6871 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
A. 6871 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.