NY State Senate Bill 2023-S5125

Current Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to environmental conservation
Feb 23, 2023	referred to environmental conservation

2023-S5125 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 9 Title 23 §§9-2301 - 9-2307, En Con L

2023-S5125 (ACTIVE) - Summary

Relates to enacting the "New York deforestation protection act"; provides that the department of environmental conservation shall adopt rules to protect forest resources related to timber, pests and invasive species and water and land management.

2023-S5125 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5125

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
enacting the "New York deforestation protection act"

 
PURPOSE OR GENERAL IDEA OF BILL:

Enacts the "New York deforestation protection act".

 
SUMMARY OF PROVISIONS:

Section 1 provides the title, the "New York deforestation protection
act".

Section 2 amends Article 9 of the environmental conservation law by
adding a new title 23:

Section 9-2301 establishes Purpose of the act.

Section 9-2303 establishes the powers of the department as it relates to
timber; The commissioner shall adopt rules to ensure adequate protection
against deforestation of agriculture, forest and undeveloped land.

Section 9-2305 establishes the powers of the department as it relates to
pests and invasive species.The department is vested with authority and
jurisdiction in all matters relating to the prevention, detection and
control of forest pests on the forest lands of the state.  10 9-2307
establishes powers of the department as it relates to water and land
management.

Section 3 sets the effective date.

 
JUSTIFICATION:

The protection of our forest and its resources is vital to our life.
Trees reduce the amount of carbon in the atmosphere by sequestering
carbon. Clearing and cutting trees releases stored carbon back into the
atmosphere. Moreover, as trees grow, they store more carbon by holding
it in its accumulated tissue and thus, the size, health, and care of the
trees plays a pivotal role in our fight against global warming and
climate change. New York's forests are also important economic resources
for the state as well. According to Cornell University, the forest
industry employs more than 60,000 people and directly contributes some
$4.6 billion to the state's economy yearly.

The purpose of this legislation is to encourage New York State to employ
proactive practices to protect its resources.Across New England and New
York, forest loss is releasing an average of 4.9 million metric tons of
carbon dioxide equivalent each year, according to a 2021 Clark Universi-
ty study compiled by scientists from Clark University and global envi-
ronmental organization The Nature Conservancy. Accordingly, we are
losing out on an average of 1.2 million metric tons of carbon sequestra-
tion per year. Protecting our state forest resources can provide green-
house gas reductions and removals that we need in order to meet our
obligations under the CLCPA.

2023-S5125 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5125
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   enacting the "New York deforestation protection act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York deforestation protection act".
   §  2.  Article  9  of the environmental conservation law is amended by
 adding a new title 23 to read as follows:
                                 TITLE 23
                   NEW YORK DEFORESTATION PROTECTION ACT
 SECTION 9-2301. PURPOSE.
         9-2303. POWERS OF THE DEPARTMENT; TIMBER.
         9-2305. POWERS OF THE DEPARTMENT; PESTS AND INVASIVE SPECIES.
         9-2307. POWERS OF THE DEPARTMENT; WATER AND LAND MANAGEMENT.
 § 9-2301. PURPOSE.
   IT IS THE PUBLIC POLICY OF THE STATE TO CONTROL FOREST PESTS THREATEN-
 ING FORESTS OF THE STATE AND TO PROTECT THE  FOREST  RESOURCES,  PROMOTE
 GOOD  FOREST  MANAGEMENT, ENHANCE THE GROWTH AND MAINTENANCE OF FORESTS,
 PROMOTE STABILITY OF FOREST-USING INDUSTRIES, AID  IN  FIRE  CONTROL  BY
 REDUCING  THE  MENACE  CREATED  BY DYING AND DEAD TREES, CONSERVE FOREST
 COVER ON WATERSHEDS AND PROTECT WILDLIFE, RECREATIONAL VALUES AND  OTHER
 VALUES OF THE FOREST.
 § 9-2303. POWERS OF THE DEPARTMENT; TIMBER.
   1.  IN  ACCORDANCE WITH THE PURPOSES OF SECTION 9-0105 OF THIS ARTICLE
 AND NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-SIX,  THE  COMMIS-
 SIONER  SHALL  ADOPT  RULES  TO  (A)  ENSURE ADEQUATE PROTECTION AGAINST
 DEFORESTATION OF AGRICULTURAL, FOREST, AND OTHER UNDEVELOPED  LAND;  AND
 (B)  ESTABLISH  PERFORMANCE  STANDARDS FOR TIMBER HARVESTING ACTIVITIES.
 THE RULES SHALL PROVIDE THE MAXIMUM  OPPORTUNITY  FOR  FLEXIBILITY  THAT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05751-01-3

 S. 5125                             2
 
 ACHIEVES  THE  GOAL  OF PROTECTING THE PUBLIC RESOURCES WHILE MINIMIZING
 THE IMPACT ON PRIVATE RESOURCES. IN  DEVELOPING  FOREST  PROTECTION  AND
 REGENERATION  STANDARDS,  THE COMMISSIONER SHALL TAKE INTO CONSIDERATION
 LOCAL AND REGIONAL DIFFERENCES IN FOREST TYPES, TREE SPECIES AND PHYSIO-
 GRAPHIC CONDITIONS.
   2.  (A)  THE COMMISSIONER SHALL ESTABLISH, BY RULE, PERFORMANCE STAND-
 ARDS FOR CLEAR-CUTS, INCLUDING  LIMITATIONS  ON  SIZE.  THESE  STANDARDS
 SHALL  PROTECT  WATER  QUALITY,  MINIMIZE  SOIL EROSION, ENSURE ADEQUATE
 REGENERATION, ADDRESS ADVERSE IMPACTS ON WILDLIFE  HABITAT  AND  PROVIDE
 FOR A HEALTHY AND SUSTAINABLE FOREST. THE COMMISSIONER SHALL INCORPORATE
 REGIONAL  VARIATIONS  IN  DEVELOPING PERFORMANCE STANDARDS THAT CONSIDER
 GROWING CONDITIONS, TREE SPECIES AND SITE QUALITY.
   (B) THE COMMISSIONER SHALL ADOPT RULES TO ENSURE ADEQUATE REGENERATION
 OF COMMERCIAL TREE SPECIES ON A SITE WITHIN FIVE YEARS OF COMPLETION  OF
 ANY  TIMBER  HARVEST. RULES TO IMPLEMENT SUCH REQUIREMENTS SHALL INCLUDE
 IDENTIFICATION OF COMMERCIAL TREE SPECIES,  MINIMUM  STOCKING  STANDARDS
 AND  METHODS  TO  MITIGATE  INADEQUATE REGENERATION. RULES SHALL PROTECT
 AGAINST SOIL EROSION AND STREAM SEDIMENTATION.
   3. (A) THE COMMISSIONER SHALL ADMINISTER AND ENFORCE THE REGULATION OF
 TIMBER HARVESTING AND TIMBER HARVESTING ACTIVITIES IN AREAS  CLASSIFIED,
 UNDER  HIS OR HER RULEMAKING, AS PROTECTED AREAS. THE COMMISSIONER SHALL
 ESTABLISH STANDARDS IN RULE TO IMPLEMENT THIS SUBDIVISION.
   (B) THE COMMISSIONER, IN CONSULTATION WITH THE DEPARTMENT OF  AGRICUL-
 TURE  AND  MARKETS,  SHALL INVESTIGATE THE FEASIBILITY OF THE DEPARTMENT
 ENTERING INTO ARRANGEMENTS FOR REMOVAL AND SALE OF MERCHANTABLE  TIMBER,
 TAKING INTO CONSIDERATION THE FOLLOWING:
   (I) LOCAL MARKET CONDITIONS;
   (II) ADAPTABILITY OF TERRAIN FOR CUTTING AND REMOVAL OF TIMBER;
   (III) POTENTIAL HAZARDS TO SURROUNDING STANDS OF TIMBER; AND
   (IV) OTHER MATTERS THAT THE DEPARTMENT REQUESTS.
   (C)  A  STATE  FORESTER  OR  A STATE FORESTER'S DESIGNEE SHALL INSPECT
 AREAS IN WHICH TIMBER IS REMOVED TO DETERMINE IF CUTTING AND REMOVAL  OF
 TIMBER  IS CONDUCTED IN A MANNER THAT PROTECTS AND PRESERVES TOPSOIL AND
 SURROUNDING GROWTHS.
   (D) THE DEPARTMENT, ON A FINDING THAT IT  IS  IN  FURTHERANCE  OF  THE
 PURPOSES OF THIS CHAPTER, MAY ENCOURAGE SELECTION, SHELTERWOOD, OR OTHER
 TYPES OF MANAGEMENT OF TIMBER IF CONSISTENT WITH THE BIOLOGICAL REQUIRE-
 MENTS  OF  THE TREE SPECIES AND MAY REGULATE THE SIZE AND SHAPE OF AREAS
 IN WHICH EVEN-AGE MANAGEMENT OF TIMBER IS UTILIZED.
 § 9-2305. POWERS OF THE DEPARTMENT; PESTS AND INVASIVE SPECIES.
   1. THE DEPARTMENT IS VESTED WITH THE AUTHORITY AND JURISDICTION IN ALL
 MATTERS RELATING TO THE PREVENTION,  DETECTION  AND  CONTROL  OF  FOREST
 PESTS  ON  THE FOREST LANDS OF THE STATE, AND TO DO ALL THINGS NECESSARY
 IN THE EXERCISE OF SUCH AUTHORITY AND  JURISDICTION,  EXCEPT  THAT  THIS
 SUBDIVISION  SHALL  NOT BE CONSTRUED TO GRANT ANY POWERS OR AUTHORITY TO
 THE DEPARTMENT FOR THE SILVICULTURAL CONTROL  OF  FOREST  PESTS  ON  ANY
 LAND.
   2. THE DEPARTMENT SHALL SURVEY AND INVESTIGATE THE PRESENCE, CONDITION
 AND  EXTENT  OF  INFESTATIONS  AND SHALL CARRY OUT CONTROL MEASURES WHEN
 NECESSARY.
   3. TO CARRY OUT THE PURPOSES OF THIS SECTION, THE DEPARTMENT MAY ENTER
 INTO ARRANGEMENTS OR AGREEMENTS WITH  UNIVERSITIES,  THE  DEPARTMENT  OF
 AGRICULTURE AND MARKETS, OTHER DEPARTMENTS OF THIS AND OTHER STATES, THE
 UNITED  STATES  DEPARTMENT OF AGRICULTURE AND OTHER FEDERAL AGENCIES AND
 WITH ANY COUNTIES, TOWNS, CORPORATIONS AND INDIVIDUALS.
 S. 5125                             3
 
   4. EVERY OWNER OF FOREST LANDS OR TIMBER SHALL EXERCISE EVERY  REASON-
 ABLE  EFFORT  TO  CONTROL  AND  DESTROY  FOREST PESTS ON FOREST LANDS OR
 TIMBER OWNED BY OR UNDER THE CONTROL  OF  THE  OWNER.  IN  CASE  OF  THE
 OWNER'S  FAILURE,  NEGLECT  OR  INABILITY  TO  DO  SO,  THE  WORK MAY BE
 PERFORMED BY THE DEPARTMENT AS PROVIDED IN THIS SECTION.
 § 9-2307. POWERS OF THE DEPARTMENT; WATER AND LAND MANAGEMENT.
   1. THE COMMISSIONER SHALL ADOPT RULES TO ALLOW ACTIVITIES THAT ENHANCE
 COLD  WATER  FISHERY  HABITATS  WITHOUT A PERMIT OR FEE. THE RULES SHALL
 ESTABLISH STANDARDS FOR THE PLACEMENT OF WOOD  IN  STREAM  CHANNELS  AND
 SPECIFY THAT SUCH PLACEMENT SHALL ONLY BE DONE BY A LICENSED FORESTER.
   2.  THE  COMMISSIONER  SHALL ADMINISTER AND ENFORCE THE REGULATIONS OF
 CONSTRUCTION, MAINTENANCE AND REPAIR OF  LAND  MANAGEMENT  ROADS,  WATER
 CROSSINGS AND GRAVEL PITS OF LESS THAN FIVE ACRES IN AREAS DESIGNATED AS
 PROTECTION  DISTRICTS  AND MANAGEMENT DISTRICTS BY THE COMMISSIONER. THE
 DEPARTMENT SHALL ESTABLISH FOREST MANAGEMENT REGULATIONS  AND  STANDARDS
 INCLUDING  A  FOREST  MANAGEMENT  PLAN.  LANDOWNERS  SHALL CARRY OUT THE
 ACTIVITIES LISTED IN SUCH FOREST MANAGEMENT PLAN. PRESCRIBED  ACTIVITIES
 SHALL  MEET OR EXCEED THE FOLLOWING MINIMUM STANDARDS AND BE CARRIED OUT
 IN ACCORDANCE WITH UNITED STATES FOREST  SERVICE  OR  OTHER  APPROPRIATE
 SILVICULTURAL     OR     MANAGEMENT    GUIDES    OR    HANDBOOKS.    THE
 REGULATIONS/STANDARDS SHALL:
   (A) REQUIRE A PERMIT FROM THE DEPARTMENT FOR ACTIVITIES LOCATED WITHIN
 AREAS OF SPECIAL FLOOD HAZARD AS DEFINED BY RULE;
   (B) INCLUDE STANDARDS TO PROTECT OUTSTANDING RIVER SEGMENTS, HISTORIC,
 SCENIC, SCIENTIFIC, RECREATIONAL AND AESTHETIC RESOURCES IN AREAS  CLAS-
 SIFIED BY THE DEPARTMENT FOR SPECIAL PROTECTION UNDER RULEMAKING; AND
   (C)  REQUIRE  REVIEW  BY  AND  APPROVAL  FROM THE COMMISSIONER FOR ANY
 ACTIVITY IN A PROTECTION DISTRICT DESCRIBED IN  PARAGRAPH  (B)  OF  THIS
 SUBDIVISION THAT REQUIRES A PERMIT.
   § 3. This act shall take effect immediately.

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Senate Bill S5125

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

2023-S5125 (ACTIVE) - Details

2023-S5125 (ACTIVE) - Summary

2023-S5125 (ACTIVE) - Sponsor Memo

2023-S5125 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5125

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Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Environmental Conservation Committee

2023-S5125 (ACTIVE) - Details

2023-S5125 (ACTIVE) - Summary

2023-S5125 (ACTIVE) - Sponsor Memo

2023-S5125 (ACTIVE) - Bill Text download pdf

Comments