S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5759
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 15, 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 and the state finance
   law, in relation to enacting the "New York urban  and  community  tree
   planting and forestry program 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  urban  and community tree planting and forestry program
 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 URBAN AND COMMUNITY TREE PLANTING AND FORESTRY PROGRAM
 SECTION 9-2301. URBAN AND COMMUNITY TREE PLANTING AND FORESTRY PROGRAM.
         9-2303. URBAN TREE PLANTING STUDY AND WORKING GROUP.
         9-2305. PROGRAM REQUIREMENTS.
         9-2307. URBAN FORESTRY VOLUNTEER PROGRAM.
         9-2309. PROGRAM GOALS.
         9-2311. PROGRAM GRANTS; FUND ESTABLISHED.
 § 9-2301. URBAN AND COMMUNITY TREE PLANTING AND FORESTRY PROGRAM.
   1. FOR THE PURPOSES OF THIS TITLE:
   A. "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS DEFINED IN
 SECTION 75-0111 OF THIS CHAPTER.
   B. "PROGRAM" SHALL MEAN THE NEW YORK URBAN AND COMMUNITY TREE PLANTING
 AND FORESTRY PROGRAM DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   C.  "WORKING  GROUP" SHALL MEAN THE WORKING GROUP ESTABLISHED PURSUANT
 TO SECTION 9-2303 OF THIS TITLE.
   2. THE DEPARTMENT, IN COOPERATION WITH THE DEPARTMENT  OF  AGRICULTURE
 AND  MARKETS,  SHALL  ESTABLISH AND IMPLEMENT A PROGRAM OF EDUCATION AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06167-01-3
 S. 5759                             2
              

 
 TECHNICAL ASSISTANCE FOR URBAN AND COMMUNITY FORESTRY AND TREE  PLANTING
 PROJECTS. SUCH PROGRAM SHALL BE DESIGNED TO:
   A.  ASSIST  URBAN  AREAS  AND COMMUNITIES IN CONDUCTING INVENTORIES OF
 THEIR FOREST RESOURCES, INCLUDING INVENTORIES OF  THE  SPECIES,  NUMBER,
 LOCATION,  AND HEALTH OF TREES IN URBAN AREAS AND COMMUNITIES, IDENTIFY-
 ING OPPORTUNITIES FOR THE ESTABLISHMENT OF PLANTINGS FOR THE PURPOSES OF
 CONSERVING ENERGY, AND DETERMINING  THE  STATUS  OF  RELATED  RESOURCES,
 INCLUDING BUT NOT LIMITED TO FISH AND WILDLIFE HABITAT, WATER RESOURCES,
 AND TRAILS;
   B.  ASSIST STATE AND LOCAL ORGANIZATIONS INCLUDING, BUT NOT LIMITED TO
 COMMUNITY ASSOCIATIONS AND SCHOOLS IN ORGANIZING  AND  CONDUCTING  URBAN
 AND COMMUNITY FORESTRY PROJECTS AND PROGRAMS;
   C. IMPROVE EDUCATION AND TECHNICAL SUPPORT IN:
   I. SELECTING TREE SPECIES APPROPRIATE FOR PLANTING IN URBAN AND COMMU-
 NITY ENVIRONMENTS AND FOR PROMOTION OF ENERGY CONSERVATION;
   II. PROVIDING FOR PROPER TREE PLANTING, MAINTENANCE, AND PROTECTION IN
 URBAN AREAS AND COMMUNITIES;
   III.  PROTECTING  INDIVIDUAL TREES AND PRESERVING EXISTING OPEN SPACES
 WITH OR WITHOUT TREE COVER; AND
   IV. IDENTIFYING OPPORTUNITIES FOR EXPANDING TREE COVER IN URBAN  AREAS
 AND COMMUNITIES;
   D.  ASSIST  IN THE DEVELOPMENT OF STATE AND LOCAL MANAGEMENT PLANS FOR
 TREES AND ASSOCIATED RESOURCES IN URBAN AREAS AND COMMUNITIES;
   E. INCREASE PUBLIC UNDERSTANDING OF THE ENERGY CONSERVATION, ECONOMIC,
 SOCIAL, ENVIRONMENTAL, AND PSYCHOLOGICAL VALUES OF TREES AND OPEN  SPACE
 IN URBAN AREAS AND COMMUNITIES;
   F.  DEVELOP A LEGACY TREE PROGRAM FOR PUBLIC AND PRIVATELY OWNED TREES
 WITHIN URBAN AREAS AND COMMUNITIES,  WHICH  SHALL  INCLUDE  BUT  NOT  BE
 LIMITED  TO  THE  DEVELOPMENT  OF  APPROPRIATE FORMS, FORMAL DESIGNATION
 PROCESSES, MAPPING AND SIGNAGE ACKNOWLEDGING SUCH TREES AND THE INCORPO-
 RATION OF SUCH LEGACY  TREE  PROGRAM  INTO  LOCAL  LAWS  AND  ORDINANCES
 PROVIDING FOR SPECIFIC PROTECTIONS FOR SUCH LEGACY TREES;
   G. DEVELOP AN URBAN FORESTRY VOLUNTEER PROGRAM TO IDENTIFY AND ADDRESS
 THE UNIQUE NEEDS OF SPECIFIC URBAN AREAS AND COMMUNITIES AND PROVIDE FOR
 THE  RECRUITMENT AND TRAINING OF VOLUNTEERS WHO ARE COMMITTED TO A REGU-
 LAR ROUTINE AND WORK SCHEDULE TO PERFORM REQUIRED TASKS;
   H. IDENTIFY AND MAP ALL NATURALIZED WOODLANDS ON PUBLIC PROPERTY; AND
   I. IDENTIFY AND MAP ALL NATURALIZED WOODLANDS ON PRIVATE  PROPERTY  IN
 EXCESS OF ONE ACRE.
 § 9-2303. URBAN TREE PLANTING STUDY AND WORKING GROUP.
   1. NOT LATER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-FOUR, THE
 DEPARTMENT,  IN  CONSULTATION  WITH  THE COMMISSIONER OF AGRICULTURE AND
 MARKETS, SHALL COMPLETE A STUDY ON THE IMPLEMENTATION OF A COMPREHENSIVE
 STATEWIDE COMMUNITY AND URBAN TREE PLANTING PROGRAM.
   2. IN CONDUCTING SUCH STUDY, THE DEPARTMENT SHALL CONSULT  WITH  INDI-
 VIDUALS,  INCLUDING ACADEMICS AND EXPERTS FROM NONGOVERNMENTAL ORGANIZA-
 TIONS, HAVING EXPERTISE  IN  FOREST  SUSTAINABILITY,  BIODIVERSITY,  AND
 CLIMATE  SCIENCE,  AS  WELL AS REPRESENTATIVES OF INDIGENOUS COMMUNITIES
 LOCATED WITHIN BOREAL REGIONS, AND SHALL HOLD AT LEAST ONE PUBLIC  HEAR-
 ING,  AND  MAY  BASE  STUDY  FINDINGS  ON EXISTING LITERATURE, PROVIDED,
 HOWEVER, THAT THE DEPARTMENT SHALL CONSULT WITH THE WORKING GROUP ESTAB-
 LISHED BY SUBDIVISION THREE OF THIS SECTION NO  LATER  THAN  SIXTY  DAYS
 PRIOR  TO  THE COMPLETION OF THE STUDY AND CONSULTED PRIOR TO THE IMPLE-
 MENTATION OF ANY STATEWIDE PLAN DEVELOPED PURSUANT THERETO.
   3. THE DEPARTMENT  SHALL  ESTABLISH  A  WORKING  GROUP  CONSISTING  OF
 FIFTEEN MEMBERS TO BE APPOINTED BY THE COMMISSIONER AS FOLLOWS:
 S. 5759                             3
 
   A.  TWO MEMBERS REPRESENTING NATIONAL NONPROFIT FORESTRY AND CONSERVA-
 TION CITIZEN ORGANIZATIONS;
   B.  THREE  MEMBERS, ONE REPRESENTING THE STATE GOVERNMENT, ONE REPRES-
 ENTING COUNTY GOVERNMENTS, AND ONE REPRESENTING CITY, TOWN  AND  VILLAGE
 GOVERNMENTS;
   C. ONE MEMBER REPRESENTING HORTICULTURAL INDUSTRIES, INCLUDING BUT NOT
 LIMITED TO URBAN FORESTRY PRODUCTS, NURSERIES, TREE CARE AND LANDSCAPING
 SERVICES AND OTHER FORESTRY RELATED INTERESTS;
   D.  ONE  MEMBER  REPRESENTING  URBAN  FORESTRY,  LANDSCAPE,  OR DESIGN
 CONSULTANTS;
   E. TWO MEMBERS REPRESENTING ACADEMIC INSTITUTIONS  WITH  EXPERTISE  IN
 URBAN AND COMMUNITY FORESTRY ACTIVITIES;
   F.  ONE  MEMBER  REPRESENTING  FOREST  RESOURCES  RELATED AGENCIES AND
 ORGANIZATIONS IN THIS STATE;
   G. ONE MEMBER REPRESENTING A PROFESSIONAL RENEWABLE  NATURAL  RESOURCE
 OR ARBORICULTURAL SOCIETY;
   H. ONE MEMBER REPRESENTING THE NATIONAL INSTITUTE OF FOOD AND AGRICUL-
 TURE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE;
   I. ONE MEMBER REPRESENTING THE UNITED STATES FOREST SERVICE; AND
   J.  TWO  MEMBERS WHO ARE NOT OFFICERS OR EMPLOYEES OF ANY GOVERNMENTAL
 BODY WHO HAVE EXPERTISE AND HAVE BEEN  ACTIVE  IN  URBAN  AND  COMMUNITY
 FORESTRY,  ONE  OF  WHOM SHALL BE A RESIDENT OF A COMMUNITY WITH A POPU-
 LATION OF LESS THAN FIFTY THOUSAND AS OF THE MOST RECENT CENSUS.
 § 9-2305. PROGRAM REQUIREMENTS.
   1. EVERY TREE PURCHASED PURSUANT TO THE PROGRAM  ESTABLISHED  BY  THIS
 TITLE  SHALL BE IN COMPLIANCE WITH ALL APPLICABLE REQUIREMENTS SET FORTH
 IN THE LATEST EDITION OF THE AMERICAN STANDARD FOR NURSERY  STOCK  (ANSI
 Z60.1), AS REVISED FROM TIME TO TIME BY THE AMERICAN HORTICULTURE INDUS-
 TRY ASSOCIATION OR A SUCCESSOR ENTITY THERETO.
   2. EVERY SUCH TREE SHALL BE PURCHASED FROM A NURSERY GROWER OR NURSERY
 DEALER  REGISTERED PURSUANT TO THE PROVISIONS OF ARTICLE FOURTEEN OF THE
 AGRICULTURE AND MARKETS LAW OR OTHERWISE CERTIFIED BY THE COUNTRY, STATE
 OR PROVINCE OF ORIGIN PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THE
 AGRICULTURE AND MARKETS LAW. THE REQUIREMENTS OF THIS SUBDIVISION  SHALL
 BE POSTED IN ALL BIDDING DOCUMENTS.
   3.  EVERY  TREE  PROPOSED TO BE PLANTED IN A NATURALIZED AREA SHALL BE
 FROM SEED SOURCED LOCALLY. FOR THE PURPOSES  OF  THIS  SECTION  SEED  IS
 SOURCED "LOCALLY" IF IT ORIGINATED WITHIN ONE HUNDRED FIFTY MILES OF THE
 LOCATION WHERE SUCH TREE IS PROPOSED TO BE PLANTED.
   4.  TREES  PLANTED  ACROSS  PUBLIC  AND PRIVATE PROPERTY SHALL REFLECT
 SPECIES DIVERSITY TO THE MAXIMUM EXTENT PRACTICABLE.
   5. EVERY TREE PLANTED OR REPLANTED SHALL BE CARED FOR  AND  MAINTAINED
 IN  COMPLIANCE  WITH THE STANDARDS AND PRACTICES SET FORTH IN THE LATEST
 EDITION OF THE AMERICAN NATIONAL STANDARD FOR TREE CARE OPERATIONS (ANSI
 A300), AS REVISED FROM TIME TO TIME BY THE TREE  CARE  INDUSTRY  ASSOCI-
 ATION OR A SUCCESSOR ENTITY THERETO.
   6.  NOTHING  IN  THIS  SECTION  SHALL  AUTHORIZE  THE  SALE, PURCHASE,
 POSSESSION,  PROPAGATION,  INTRODUCTION,  IMPORTATION,   TRANSPORT   AND
 DISPOSAL  OF  AN  INVASIVE  SPECIES  PROHIBITED  IN  ACCORDANCE WITH THE
 PROVISIONS OF TITLE SEVENTEEN OF THIS ARTICLE OR OTHERWISE PROHIBITED BY
 FEDERAL LAW, RULE OR REGULATION.
 § 9-2307. URBAN FORESTRY VOLUNTEER PROGRAM.
   1. THE DEPARTMENT SHALL ESTABLISH  A  PROGRAM  TO  RECRUIT  AND  TRAIN
 VOLUNTEERS  WHO  RESIDE  IN  URBAN AREAS AND COMMUNITIES TO IDENTIFY AND
 ADDRESS THE SPECIFIC NEEDS OF SUCH URBAN AREAS AND  COMMUNITIES  AND  TO
 S. 5759                             4
 
 PROVIDE  REGULAR  ASSISTANCE  TO  DEPARTMENT  STAFF  IN CARRYING OUT THE
 PROVISIONS OF THIS TITLE.
   2.  THE DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF AGRICULTURE
 AND MARKETS AND THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRES-
 ERVATION, SHALL PROVIDE APPROPRIATE TRAINING  TO  VOLUNTEERS  AND  STAFF
 RELATING  TO FORESTRY AND TREE PLANTING. SUCH TRAINING SHALL INCLUDE BUT
 SHALL NOT BE LIMITED TO DETECTION AND RAPID RESPONSE TO POTENTIAL  PROB-
 LEMS INCLUDING, BUT NOT LIMITED TO THE IMPLEMENTATION OF DISASTER PROTO-
 COLS  FOR DEALING WITH WOODY MATERIALS AND OTHER PRACTICES AND STANDARDS
 ESTABLISHED BY THE AMERICAN NATIONAL STANDARDS INSTITUTE EDITIONS  IDEN-
 TIFIED IN SUBDIVISIONS ONE AND FIVE OF SECTION 9-2305 OF THIS TITLE.
 § 9-2309. PROGRAM GOALS.
   NOTWITHSTANDING  ANY  CONTRARY PROVISION OF THIS TITLE, THE DEPARTMENT
 SHALL INVEST OR DIRECT AVAILABLE AND RELEVANT  PROGRAM  RESOURCES  IN  A
 MANNER  DESIGNED  TO  ACHIEVE  A  GOAL  FOR DISADVANTAGED COMMUNITIES TO
 RECEIVE FORTY-FIVE PERCENT  OF  OVERALL  BENEFITS  OF  SPENDING  ON  THE
 PROGRAM,  INCLUDING  BUT  NOT  LIMITED  TO  ANY  WORKFORCE  DEVELOPMENT,
 POLLUTION REDUCTION, INVENTORY, AND ECONOMIC DEVELOPMENT RESULTING  FROM
 SUCH  SPENDING;  PROVIDED, HOWEVER, THAT DISADVANTAGED COMMUNITIES SHALL
 RECEIVE NO LESS THAN FORTY PERCENT OF THE OVERALL BENEFITS  OF  SPENDING
 ON  THE  URBAN  AND  COMMUNITY  TREE  PLANTING AND FORESTRY PROGRAM, AND
 PROVIDED FURTHER  THAT  THIS  SECTION  SHALL  NOT  ALTER  FUNDS  ALREADY
 CONTRACTED OR COMMITTED AS OF THE EFFECTIVE DATE OF THIS SECTION.
 § 9-2311. PROGRAM GRANTS; FUND ESTABLISHED.
   1.  THE  COMMISSIONER IS HEREBY AUTHORIZED TO UTILIZE FUNDS IN THE NEW
 YORK URBAN AND COMMUNITY TREE PLANTING AND FORESTRY PROGRAM FUND, ESTAB-
 LISHED BY SECTION NINETY-NINE-QQ OF  THE  STATE  FINANCE  LAW,  FOR  THE
 PURPOSES  OF  ESTABLISHING AND IMPLEMENTING THE URBAN AND COMMUNITY TREE
 PLANTING AND FORESTRY PROGRAM ESTABLISHED PURSUANT TO THIS TITLE.
   2. SUCH FUND SHALL CONSIST OF MONEYS APPROPRIATED, CREDITED OR  TRANS-
 FERRED  THERETO  FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.  NOTHING
 CONTAINED HEREIN SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR
 BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED  IN  THIS  SECTION  AND
 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
   3.  MONEYS  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OR
 THE COMMISSIONER'S DESIGNEE IN A MANNER CONSISTENT WITH RULES AND  REGU-
 LATIONS  ADOPTED FOR SUCH PURPOSE BY THE DEPARTMENT IN CONSULTATION WITH
 THE WORKING GROUP.
   4. MONEYS OF SUCH FUND SHALL BE AWARDED ANNUALLY TO ELIGIBLE  COMMUNI-
 TIES  AND ORGANIZATIONS, ON A COMPETITIVE BASIS, FOR URBAN AND COMMUNITY
 FORESTRY PROJECTS IN ACCORDANCE WITH RULES AND  REGULATIONS  ADOPTED  BY
 THE  DEPARTMENT  FOR  SUCH  PURPOSE  AFTER CONSULTATION WITH THE WORKING
 GROUP AND IN A MANNER CONSISTENT WITH THE GOALS  SET  FORTH  IN  SECTION
 9-2309 OF THIS TITLE.
   § 3. The state finance law is amended by adding a new section 99-qq to
 read as follows:
   § 99-QQ. NEW  YORK  URBAN  AND  COMMUNITY  TREE  PLANTING AND FORESTRY
 PROGRAM FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE
 STATE COMPTROLLER AND COMMISSIONER OF TAXATION  AND  FINANCE  A  SPECIAL
 FUND  TO BE KNOWN AS THE "NEW YORK URBAN AND COMMUNITY TREE PLANTING AND
 FORESTRY PROGRAM FUND" OR THE "FUND".
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE COMPTROLLER
 AND ALL OTHER MONEYS APPROPRIATED, CREDITED OR TRANSFERRED THERETO  FROM
 ANY  OTHER  FUND  OR  SOURCE  PURSUANT TO LAW. NOTHING CONTAINED IN THIS
 SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS
 S. 5759                             5
 
 FOR THE PURPOSES OF THE FUND AND DEPOSITING THEM INTO THE FUND ACCORDING
 TO LAW.
   3.  MONEYS  SHALL  BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
 ENVIRONMENTAL CONSERVATION OR THE COMMISSIONER OF ENVIRONMENTAL  CONSER-
 VATION'S DESIGNEE.
   4.  MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF ENVI-
 RONMENTAL CONSERVATION FOR THE PURPOSES OF ADMINISTERING THE  URBAN  AND
 COMMUNITY  TREE  PLANTING  AND FORESTRY PROGRAM IN ACCORDANCE WITH TITLE
 TWENTY-THREE OF ARTICLE NINE  OF  THE  ENVIRONMENTAL  CONSERVATION  LAW,
 INCLUDING  THE  AWARDING  OF GRANTS IN SUPPORT OF PROJECTS UNDERTAKEN BY
 ELIGIBLE COMMUNITIES AND ORGANIZATIONS PURSUANT TO SECTION 9-2311 OF THE
 ENVIRONMENTAL CONSERVATION LAW.
   § 4. This act shall take effect immediately.