S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1780
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2023
                                ___________
 
 Introduced  by  M.  of A. McMAHON, DAVILA, GUNTHER, SIMON, GIBBS -- read
   once and referred to the Committee on Transportation
 
 AN ACT to amend the highway law, the state finance law and the  environ-
   mental  conservation law, in relation to imposing a highway use fee on
   outdoor advertising, establishing a New York state urban reforestation
   fund and making provisions supporting urban forestry
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "urban
 reforestation act".
   § 2. Legislative findings  and  intent.  The  legislature  finds  that
 planting trees in urban areas helps to preserve the environment, promote
 health,  mitigate air pollution and enhance the urban environment. Trees
 absorb pollution, produce oxygen, and provide shade and block winds in a
 manner that conserves both costs and energy.  Tree-lined  streets  offer
 aesthetic  appeal, improve property values and provide tangible physical
 benefits to improve the  pedestrian  experience.  The  legislature  also
 finds  that  the  stated  purposes  of  article  53 of the environmental
 conservation law relating to urban forestry could be better achieved  if
 a method of funding existed exclusively for such purpose.
   Therefore,  it  is  the  intent of this act to create a New York state
 urban reforestation fund, which shall be  a  source  of  money  used  to
 promote  the  planting, conservation and maintenance of trees in certain
 urban areas of this state in order to produce important economic,  envi-
 ronmental  and  physical  benefits. This fund shall be a source of money
 used exclusively for the purposes of urban forestry as provided in arti-
 cle 53 of the environmental conservation law.
   § 3. Section 88 of the highway law is amended by adding a new subdivi-
 sion 5-a to read as follows:
   5-A. (A) THERE IS HEREBY IMPOSED ON OUTDOOR  ADVERTISING  SIGNS  WHICH
 ARE  VISIBLE  FROM  INTERSTATE  AND  PRIMARY  SYSTEM  HIGHWAYS, A FEE AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06176-01-3
              

 A. 1780                             2
 
 PROVIDED IN THIS SUBDIVISION. OFFICIAL SIGNS, ON-PREMISES SIGNS,  DIREC-
 TION  SIGNS,  AND  SIGNS  OWNED BY PERSONS WITH FIVE OR FEWER BILLBOARDS
 SHALL BE EXEMPT FROM SUCH A FEE.
   (B)  IN  CITIES  WITH  A  POPULATION OF ONE MILLION OR MORE, SUCH FEES
 SHALL BE COLLECTED BY THE CITY ANNUALLY.  IN  ALL  OTHER  AREAS  OF  THE
 STATE,  SUCH  FEE  SHALL BE COLLECTED BY THE COMMISSIONER AS PART OF THE
 PROCESS OF REGULATION OF OUTDOOR ADVERTISING.
   (C) ALL BILLBOARD FACES VISIBLE FROM  INTERSTATE  AND  PRIMARY  SYSTEM
 HIGHWAYS SHALL PAY AN ANNUAL FEE OF ONE THOUSAND DOLLARS.
   (D)  THE STATE COMMISSIONER OF TRANSPORTATION, AND CITIES WITH A POPU-
 LATION OF ONE MILLION OR MORE SHALL DEPOSIT THE REVENUE COLLECTED PURSU-
 ANT TO THIS SUBDIVISION IN THE NEW YORK STATE URBAN  REFORESTATION  FUND
 PURSUANT TO SECTION NINETY-ONE-H OF THE STATE FINANCE LAW.
   (E)  ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SUBDIVISION, OR ANY
 RULE, REGULATION, OR ORDER PROMULGATED PURSUANT THERETO SHALL BE  LIABLE
 FOR  A  MINIMUM  CIVIL PENALTY OF FIVE HUNDRED DOLLARS AND AN ADDITIONAL
 CIVIL PENALTY OF ONE HUNDRED DOLLARS A DAY FOR  EACH  DAY  DURING  WHICH
 EACH  SUCH  VIOLATION  CONTINUES.  EVERY  CIVIL PENALTY THAT IS ASSESSED
 PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE DEPARTMENT  OF  TRANS-
 PORTATION  TO  AID  IN  IMPLEMENTATION  AND  ENFORCEMENT OF THIS SECTION
 INCLUDING IMPLEMENTATION OF THE PERMIT REGISTRATION PROGRAM,  INSPECTION
 AND REMOVAL OF ILLEGAL OUTDOOR ADVERTISING.
   §  4. The state finance law is amended by adding a new section 91-h to
 read as follows:
   § 91-H. NEW YORK STATE URBAN REFORESTATION FUND. 1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW  YORK
 STATE URBAN REFORESTATION FUND.
   2.  SUCH  FUND  SHALL CONSIST OF ALL FEES, REVENUES, FINES AND FORFEI-
 TURES COLLECTED PURSUANT TO SUBDIVISION FIVE-A OF  SECTION  EIGHTY-EIGHT
 OF  THE  HIGHWAY  LAW AND REQUIRED TO BE DEPOSITED TO THIS FUND, AND ALL
 OTHER MONEYS CREDITED OR TRANSFERRED THERETO  FROM  ANY  OTHER  FUND  OR
 SOURCE PURSUANT TO LAW.
   3. MONEYS OF THE FUND SHALL BE AVAILABLE ONLY FOR THE PAYMENT OF STATE
 AID  PURSUANT TO THE PROVISIONS OF TITLE THREE OF ARTICLE FIFTY-THREE OF
 THE ENVIRONMENTAL CONSERVATION LAW FOR  THE  PURPOSE  OF  ENFORCING  THE
 PROVISIONS OF SUCH TITLE.
   §  5. Section 53-0303 of the environmental conservation law is amended
 by adding eight new subdivisions 8, 9, 10, 11, 12, 13, 14 and 15 to read
 as follows:
   8. "PROFESSIONAL FORESTER" MEANS AN INDIVIDUAL WHO HAS GRADUATED  FROM
 A  SCHOOL OF FORESTRY RECOGNIZED OR ACCREDITED BY A PROFESSIONAL ASSOCI-
 ATION OF FORESTERS OR BY A STATE OR FEDERAL ENTITY SO AUTHORIZED; OR ONE
 WHO POSSESSES QUALIFICATIONS FOR THE PRACTICE  OF  FORESTRY  ESSENTIALLY
 EQUIVALENT TO THOSE POSSESSED BY A GRADUATE OF A SCHOOL OF FORESTRY IN A
 CURRICULUM  OF  FOREST  MANAGEMENT RECOGNIZED OR ACCREDITED BY A PROFES-
 SIONAL ASSOCIATION OF FORESTERS OR BY STATE OR FEDERAL ENTITIES.
   9. "CONSERVATION" MEANS PLANNED MANAGEMENT OF  NATURAL  RESOURCES  FOR
 THE BENEFIT OF SOCIETY TO PREVENT EXPLOITATION, DESTRUCTION OR NEGLECT.
   10. "INVENTORY" MEANS A SURVEY OF NATURAL RESOURCES IN A DEFINED AREA,
 INCLUDING LOCATION, CONDITION, SIZE, AND SPECIES OF TREES AND ASSOCIATED
 VEGETATION AS WELL AS POTENTIAL PLANTING SITES.
   11. "MANAGEMENT PLANNING" MEANS THE ORGANIZED COMPILATION OF INVENTORY
 DATA WITH AN ACTION PLAN AIMED AT IMPROVING TREE RESOURCES.
   12.  "TREE  MAINTENANCE"  MEANS  PROVIDING  CARE  TO TREE RESOURCES TO
 ASSURE THE HEALTH OF THE URBAN TREE RESOURCE.
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   13. "PLANTING" MEANS THE ACT OF ESTABLISHING TREES AT A SITE,  INCLUD-
 ING SITE PREPARATION, AND INSTALLATION OF THE TREE.
   14.  "PRUNING"  MEANS THE CUTTING OF TREE LIMBS TO IMPROVE TREE HEALTH
 AND FORM BY REMOVING DEAD, DISEASED AND DAMAGED WOOD.
   15. "REMOVAL" MEANS THE CUTTING OF SELECTED TREES THAT ARE  HAZARDOUS,
 DEAD, DISEASED OR IN SOME OTHER WAY BECOMING A DANGER TO PUBLIC WELFARE.
   §  6.  The  environmental  conservation law is amended by adding a new
 section 53-0309 to read as follows:
 § 53-0309. URBAN REFORESTATION ASSISTANCE.
   1. IN CITIES WITH A POPULATION OF ONE MILLION OR MORE, THE COMMISSION-
 ER SHALL AWARD GRANTS ANNUALLY TO SUCH CITIES IN AN AMOUNT EQUAL TO  THE
 MONIES COLLECTED BY THE CITY, EXCLUDING FUNDS KEPT BY THE DEPARTMENT FOR
 THE  PURPOSE OF ADMINISTERING THE URBAN REFORESTATION ACT, AND DEPOSITED
 INTO THE URBAN REFORESTATION FUND. MONIES SHALL BE  AWARDED  EXCLUSIVELY
 FOR  ESTABLISHMENT OF AN URBAN FORESTRY PLAN AND URBAN FORESTRY PLANNING
 CAPABILITY WHICH INCLUDES THE SERVICES OF A PROFESSIONAL FORESTER AND/OR
 LICENSED LANDSCAPE ARCHITECTS, UNDERTAKING AND MAINTAINING AN INVENTORY,
 AND UNDERTAKING TREE PLANTING, MAINTENANCE, REMOVAL AND PRUNING.
   2. IN CITIES WITH A POPULATION OF LESS THAN ONE MILLION AND MORE  THAN
 TWENTY  THOUSAND,  THE COMMISSIONER SHALL AWARD GRANTS FROM FUNDS APPRO-
 PRIATED AND AVAILABLE FROM THE NEW YORK  URBAN  REFORESTATION  FUND,  AS
 FOLLOWS:  ANNUALLY,  FIFTY  PERCENT  OF  THE  FUNDS  AVAILABLE  SHALL BE
 DISTRIBUTED PROPORTIONALLY ACCORDING TO POPULATION DENSITY  TO  BE  USED
 FOR  ESTABLISHMENT OF AN URBAN FORESTRY PLAN AND URBAN FORESTRY PLANNING
 CAPABILITY WHICH INCLUDES THE SERVICES OF A PROFESSIONAL FORESTER AND/OR
 LICENSED LANDSCAPE ARCHITECTS, UNDERTAKING AND MAINTAINING AN   INVENTO-
 RY,  AND  UNDERTAKING TREE PLANTING, TREE MAINTENANCE, REMOVAL AND PRUN-
 ING, FORTY PERCENT OF THE FUNDS AVAILABLE SHALL BE DISTRIBUTED FOR URBAN
 AREAS SUBJECT TO A COMPLETED URBAN FORESTRY PLAN FOR ACTIVITIES PURSUANT
 TO SUCH PLAN BASED ON NEED AND MERIT AND UP TO TEN PERCENT OF THE  FUNDS
 AVAILABLE  SHALL  BE  AVAILABLE  TO  THE  DEPARTMENT  TO COVER THE COSTS
 INCURRED IN ADMINISTERING THE PROVISIONS OF THIS TITLE.
   § 7. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.