S T A T E   O F   N E W   Y O R K
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                                  7491

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 6, 2011
                               ___________

Introduced by M. of A. JORDAN -- read once and referred to the Committee
  on Environmental Conservation

AN ACT to amend the environmental conservation law and the state finance
  law,  in  relation  to  the creation of the New York state maple syrup
  production fund

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1  of  section  9-0303  of the environmental
conservation law, as amended by chapter 602 of  the  laws  of  2003,  is
amended to read as follows:
  1.  Trees  or  timber.  Except as provided in subdivision 2 of section
9-0107 and in sections 9-0501 through [9-0507] 9-0508 of this article no
person shall cut, remove, injure, destroy or cause to be  cut,  removed,
injured  or  destroyed  any trees or timber or other property thereon or
enter upon such lands with intent to do so.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 9-0508 to read as follows:
S 9-0508. MAPLE SYRUP EXTRACTION LEASES.
  1. NOTWITHSTANDING ANY PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC LANDS
LAW  TO  THE CONTRARY, THE DEPARTMENT, WITH THE APPROVAL OF THE DIRECTOR
OF THE DIVISION OF LANDS AND FORESTS, MAY  ENTER  INTO  LEASES  FOR  THE
PURPOSE  OF  THE  EXTRACTION  OF  MAPLE  SAP FOR THE PRODUCTION OF MAPLE
SYRUP, ON ANY LANDS ACQUIRED BY THE STATE  IN  ACCORDANCE  WITH  SECTION
9-0501 OF THIS ARTICLE.
  2.  SUCH  LEASES  GRANTED  UNDER THIS SECTION SHALL BE OF A TERM OF NO
MORE THAN TEN YEARS, AND SHALL HAVE TERMS AND CONDITIONS  PRESCRIBED  BY
THE  DEPARTMENT,  INCLUDING BUT NOT LIMITED TO, THOSE DESCRIBED IN PARA-
GRAPHS (A), (B) AND (C) OF THIS SUBDIVISION.
  (A) LEASES SHALL BE AWARDED FOR NO LESS THAN FIFTY CENTS PER ESTIMATED
TAP ON THE LEASED ACREAGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11161-01-1

              

A. 7491                             2

  (B) PROVISIONS FOR THE INGRESS AND EGRESS OF THE SYRUP PRODUCTION  FOR
THE  PURPOSES  OF  TAPPING  TREES, INSTALLING LINES, COLLECTING SAP, AND
GENERALLY MAINTAINING THE EQUIPMENT NECESSARY TO COLLECT  SAP  FROM  THE
LEASED AREA.
  (C) A PLAN DEVELOPED BY THE DEPARTMENT WHICH WILL IDENTIFY WHICH TREES
ARE  ELIGIBLE  TO  BE  TAPPED  BY THE LESSEE. THE PRESERVATION OF VENEER
GRADE LUMBER WHILE ALLOWING FOR  MAXIMUM  SAP  EXTRACTION  WITH  MINIMAL
TIMBER VALUE LOSS SHALL GUIDE THE DEPARTMENT IN THE PREPARATION OF THESE
PLANS.
  3. FUNDS GENERATED THROUGH THE LEASING OF LANDS AS DESCRIBED IN SUBDI-
VISION  2 OF THIS SECTION SHALL BE DEPOSITED IN THE NEW YORK STATE MAPLE
SYRUP PRODUCTION FUND FOR THE PURPOSES OF  FUNDING  THE  PREPARATION  OF
TAPPING PLANS REQUIRED TO BE GENERATED IN PARAGRAPH (C) OF SUBDIVISION 2
OF  THIS SECTION. IN THE EVENT THE AMOUNT DEPOSITED IN SUCH FUND THROUGH
SUCH SALES EXCEEDS THE COST TO THE DEPARTMENT TO  PRODUCE  THESE  PLANS,
THE  BALANCE  SHALL  BE  SPLIT  EVENLY BETWEEN THE DIVISION OF LANDS AND
FORESTS WITHIN THE DEPARTMENT AND  THE  DEPARTMENT  OF  AGRICULTURE  AND
MARKETS TO BE USED SPECIFICALLY FOR THE ADVERTISEMENT AND ENHANCEMENT OF
THE MAPLE INDUSTRY WITHIN THE STATE OF NEW YORK.
  S  3. The state finance law is amended by adding a new section 99-u to
read as follows:
  S 99-U. NEW YORK STATE MAPLE SYRUP PRODUCTION FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION  A FUND TO BE KNOWN AS THE
"NEW YORK STATE MAPLE SYRUP PRODUCTION FUND".
  2. THE FUND SHALL CONSIST OF MONIES GENERATED THROUGH THE  LEASING  OF
LANDS  AS  DESCRIBED IN SECTION 9-0508 OF THE ENVIRONMENTAL CONSERVATION
LAW.
  3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION AND THE DEPARTMENT OF AGRICULTURE  AND  MARKETS  FOR
USES  DESCRIBED  IN  SUBDIVISION THREE OF SECTION 9-0508 OF THE ENVIRON-
MENTAL CONSERVATION LAW.
  S 4. This act shall take effect immediately.