NY State Senate Bill 2023-S8825

Senate Bill S8825

2023-2024 Legislative Session

Imposes a highway use fee on outdoor advertising; establishes a New York state urban reforestation fund and makes provisions supporting urban forestry

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Archive: Last Bill Status - In Senate Committee Transportation 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
Mar 18, 2024	referred to transportation

2023-S8825 (ACTIVE) - Details

See Assembly Version of this Bill:: A1780
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Amd §88, Hway L; add §91-h, St Fin L; amd §53-0303, add §53-0309, En Con L
Versions Introduced in 2021-2022 Legislative Session:: A9610

2023-S8825 (ACTIVE) - Summary

Imposes a highway use fee on outdoor advertising; establishes a New York state urban reforestation fund from fees imposed on outdoor advertising; makes provisions supporting urban forestry.

2023-S8825 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8825

SPONSOR: MAY
 
TITLE OF BILL:

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

 
PURPOSE:

To create a fair and adequate funding mechanism for the development of
New York's urban forests programs, as described in Article 53 of the
Environmental Conservation Law.

 
SUMMARY OF PROVISIONS:

Section 1 provides for the name of the act.

Section 2 describes the economic, health, and aesthetic benefits of a
developed urban forest landscape. These benefits include cooling and

cleaning the air, conserving energy, reducing stormwater runoff and
flooding, providing increased wildlife habitat and a place for citizens
to enjoy. Also, where there is a developed and maintained urban forest
canopy, there is a corresponding increase in property values.

Section 3 imposes a fee on outdoor advertising signs visible from inter-
state and primary system highways.

Section 4 establishes the state Urban Reforestation Fund.

Section 5 provides the definitions of the relevant terms within the Act.
This section defines urban areas, "professional forester", "conserva-
tion", "inventory", "management planning", "tree maintenance", "plant-
ing", "pruning", and "removal."

Section 6 determines how the funds shall be distributed.

Section 7 provides for the effective date.

 
JUSTIFICATION:

Urban development has disrupted many crucial natural ecosystems in New
York State to cause environmental problems: peak temperatures in cities
are higher than in surrounding rural areas, extreme rain and storms
overwhelm sewer systems; the high energy intensity of cities produces
air pollution and associated health risks for urban residents. This is
especially true in New York State, where 91% of the population -18
million people - live in 127 urban areas and suffer from many environ-
mental problems.

Trees and urban vegetation are a natural solution to all these issues.
They lower peak temperatures in cities, absorb excess stormwater, and
filter air pollution. However, New York State has steadily lost urban
forest acreage in the past decades. This bill aims to restore urban
vegetation in New York state's urban areas to mitigate environmental
problems such as the urban heat island effect, water drainage issues,
poor air quality due to pollution, and a lack of biodiversity. The bill
also promotes economic benefits such as increasing urban area aesthetic
appeal, which consequently raises property values.

To achieve this purpose, the Urban Reforestation Act amends three exist-
ing laws. These amendments create work standards and direction for
hiring of forestry roles with the funds collected by fees assessed on
billboards. The Bill mentions the need for specific roles involved in
urban reforestation, mainly professional foresters (someone who gradu-
ated from a school of forestry or is accredited by a professional fores-
try association). The necessity for these specific roles is justified by
the specificity of the actions required to implement urban reforesta-
tion. These activities include conservation, tree planting, pruning, and
maintenance-covering the entire lifecycle of reforestation from planning
to maturity. It also specifies key roles to be hired such as profes-
sional foresters.  Finally, the URA directs fund allocation based on
population size, population density, and need for vegetation planting
and maintenance.

 
PRIOR LEGISLATIVE HISTORY:

2001-02 A.364 Referred to Transportation

2003-04 A.598 Referred to Transportation

2005-06 A.2402 Referred to Transportation S.5572 Referred to transporta-
tion

2007-08 A02342 Referred to Transportation

2022 A9610 Referred to Transportation

 
FISCAL IMPLICATIONS:

None to the state. The Urban Reforestation Fund shall be funded by fees
and administered by the Department of Environmental Conservation and
Office of the State Comptroller.

 
EFFECTIVE DATE:
6o days after enactment

2023-S8825 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8825
 
                             I N  S E N A T E
 
                              March 18, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed 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
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06176-01-3
 S. 8825                             2
 
   (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.
   13.  "PLANTING" MEANS THE ACT OF ESTABLISHING TREES AT A SITE, INCLUD-
 ING SITE PREPARATION, AND INSTALLATION OF THE TREE.
 S. 8825                             3
 
   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.

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