Sponsorship

A.3901 - BRODSKY, PARMENT, HOYT, DINOWITZ, colton / - 2

Memorandum in Support

BILL NUMBER: A3901

TITLE OF BILL : An act to amend the environmental conservation law, in relation to conduct constituting violations of and penalties for violations of article 9 of such law; and to amend the environmental conservation law, the general municipal law and the town law, in relation to the practice of forestry

PURPOSE/SUMMARY : This bill would create a mechanism by which to enforce section 1 of Article XIV of the New York State Constitution, which mandates that Forest Preserve land be kept forever wild. The bill would clarify and strengthen the ability of the Department of Environmental Conservation (DEC) to administer properly the Forest Preserve as well as other State landholdings. This bill would also enhance the effectiveness of the Department of Law and DEC in bringing enforcement actions.

In addition, the bill amends the environmental conservation law, the general municipal law, and town law to maintain the pursuit of forestry practices and to permit the continuation of forestry within the State.

JUSTIFICATION : New York`s Forest Preserve is well-established as a unique and time-honored asset of state wide environmental importance. Since 1894, this State has decreed in its Constitution that the Forest Preserve shall be forever kept as wild forest lands. While the State has recognized the precious nature of these lands and has made a firm commitment to their protection, untouched forest lands are ever dwindling in number and size elsewhere in this nation. In most cases, the damage to forest lands is irreparable. Section 1, Article XIV of the New York State Constitution prohibits the transfer or leasing of this State`s Forest Preserve lands and prohibits the harvesting or destruction of timber on those lands. This constitutional prohibition applies to all persons. However, Article XIV provides no enforcement mechanism.

Title 3 of Article 9 of the ECL governs the use of the State`s lands and forest, but no provision therein is as broad in scope or applicability as section l of Article XIV of the New York State Constitution. The current definition of "person" contained in ECL S9-0101 excludes the State and all public corporations, including municipalities, thereby exempting from regulation activities of all persons in the employ of such entities. Such a broad exemption is unnecessary and creates the potential for abuse on Forest Preserve and other DEC-managed lands. This bill would amend ECL S9-0101(7) and other DEC-managed lands. This bill would amend ECL S9-0101(7) by broadening the definition of "person" to include entities not presently subject to ECL Article 9. The bill would also redefine the term "person" to establish that, except in limited circumstances related to the sign law (ECL S9-0305), only those persons acting under the lawful authorization of DEC, or persons responding to a BONA FIDE emergency, such as a rescue or a forest fire, are exempt from the provisions of Article 9. A " BONA FIDE emergency" is defined as "an event which presents an immediate threat to life, health, property or natural resources."

A new subdivision 10 would be added to ECL S9-0101 to define "state land", a term used throughout Article 9. The bill also adds a new subdivision 11 to section 9-0101 to define "lawful authorization." This definition would clarify that certain activities are legal, and would ensure that anyone who engages in an activity conducted on State land governed by this article and with approval from DEC would not be subject to prosecution for violation of Article 9.

The existing prohibition in ECL S9-0303 (1) against cutting, removing, injuring or destroying trees and timber would be expanded to apply to those persons who CAUSE such actions to occur. This would allow the law to also reach those who, although they did not physically engage in the act of cutting, removing, injuring or destroying a tree, were responsible for ordering or instructing others to engage in such prohibited actions. Section 9-0303 (2) regarding restrictions against structures, would be amended to include structures other than buildings (e.g., fences which are found on State lands) under the permit provisions of the section.

The prohibition in ECL S9-0303 (4) against entry onto State land for the purpose of depositing waste material or rubbish would provide additional enforcement authority for DEC. This amendment was requested by field enforcement personnel who have observed individuals carrying wastes upon State land but have been unable to take action against these individuals because the wastes had not yet been actually deposited on State land. This bill would allow enforcement personnel to abate potential violations of the law whenever it appears that any person is violating or threatening to violate the terms of the statute.

Article 71 is also in need of amendment because the penalties for violations of the prohibitions contained in Article 9 are insufficient when applied to Forest Preserve lands. Furthermore, the present penalty sections for violations of the ban against tree cutting in the Forest Preserve, as well as the other State lands enumerated in Article 9, are confusing and do not represent an adequate deterrent in view of the present economic value attached to timber. This legislation would correct this and other weaknesses in applicable sanctions as set forth in the penal sanctions section herein.

Specifically, ECL S71-0703 (4) would be amended to increase the per tree penalty, and to clarify the manner of calculating treble damages for violation of State-owned lands.

A new S71-0703 (6) would be added to provide an additional remedy of restoration, which can be obtained in an administrative or judicial proceeding, and a new S71-0703 (7) would be added to specifically provide for temporary and permanent injunctive relief to prevent commencement or continuation of prohibited actions. These remedies will afford the State an opportunity, in appropriate cases, to restore the areas affected by the cutting at the cost of the wrongdoer and to prevent the commencement or continuation of such activity.

ECL S71-0705 (2) would be amended to clarify DEC`s authority to issue appearance tickets for all offenses other than felonies. These sanctions should provide a more effective deterrent against the destruction of the State`s Forest Preserve.

Almost two-thirds of New York State is covered with forest and the trees have continued to grow so that today 18.8 million acres of forest cover 62% of the State. Through constitutional protection, NYS has reserved approximately 3 million acres of forest in the Adirondack and Catskill Parks, leaving approximately 15.8 million acres for active economic use, 92% of which is privately owned and 8% of which is publicly owned. It is the private forest that primarily provides the economic benefits that are so vital to the total economy of the State.

The practice of forestry on the available forest land of the State constitutes a beneficial use of New York`s forest resource. Forestry and its related activities involve recreation, tourism and industry, including manufacturing, and the money generated by these activities accounts for billions of dollars of value added to the economy of NY. The forest-based economy in New York provides employment for over 122,000 people, 40% of which jobs are tied to wood and manufacturing. The forest-based economy generates payrolls of $ 1.789 billion, with $1.133 billion attributable to manufacturing. According to recent studies, wood based manufacturing alone contributed $2.4 billion per year in gross State product, and shipments of products attributable to wood were greater than $7.8 billion. Forest-based economic activity in NY account for 2% of total employment and 1% of the State`s payroll. Underlying the practice of forestry is the growing, nurturing, harvesting, transportation and processing of forest products, activities that recognize the forest as a renewable resource and contribute to the health of the forest, through new growth and the creation of wildlife habitat and wildlife resources. Beautiful landscapes and a working forest are the result of the proper practice of forestry.

FISCAL IMPLICATION : None.

LEGISLATIVE HISTORY : A.5231 (1993-94), A.2268-A (1995-96), A.4611-A (1997-98), A.880 (1999-2000), A.447-A (2001-02), A.6092 (2003-2004), A.1806 (2005-06).

EFFECTIVE DATE : This act shall take effect on November 1, next succeeding the date on which it shall have become law.

Sponsorship

A.7749 - BALL

Memorandum in Support

BILL NUMBER: A7749

TITLE OF BILL : An act to amend the parks, recreation and historic preservation law, in relation to fees

PURPOSE OR GENERAL IDEA OF BILL : Entitles New York State high school graduate free access to state park, parkway, recreational facility historic site for one year

SUMMARY OF SPECIFIC PROVISIONS : Section 13.15 of the parks, recreation and historic preservation law is amended by adding a new subdivision 7

JUSTIFICATION : New York State is home to many natural wonders and precious ecosystems. New York State must invite recent New York high school graduates to a lifetime of exploring New York`s beautiful outdoors. There is no better way to do this than to congratulate and notice their completion of secondary schooling by granting recent high school graduates free access to New York`s parks. High School graduates often do not have the means to enjoy all of New York`s natural wonders and this will eliminate any economic barriers that may stand between them and our State`s natural environment.

PRIOR LEGISLATIVE HISTORY : New Bill

FISCAL IMPLICATIONS : To be determined

EFFECTIVE DATE : This act shall take effect on the first of January next succeeding the date on which it shall have become a law

Sponsorship

A.7082 - SAYWARD, DUPREY / S.4113 - LITTLE, FARLEY, JOHNSON O, SEWARD, VOLKER, WRIGHT.

Memorandum in Support

BILL NUMBER: A7082

TITLE OF BILL : An act to amend the highway law, in relation to changing the location of highways over certain lands owned and occupied by the state in the Adirondack park

PURPOSE : To amend the highway law to remove the ability of the State to modify, abandon or close roads within the Adirondack Park.

SUMMARY OF PROVISIONS : Section one - amends section 212 of the highway law

Section two - contains the effective date

EXISTING LAW : Section 212 of the highway law allows the state to modify, abandon or close town roads that pass through lands owned and controlled by the State.

JUSTIFICATION : Within the Adirondack Park, the State has closed existing town roads on several occasions since 1970. Over the past twelve years, the State has acquired hundreds of thousands of additional acres within the Park on which many town roads are located. The State is currently proposing to close the West River Road in the Town of Wells, Hamilton County despite the opposition of the town board who wishes to continue to maintain it and keep it open to the public.

Section 212 of the Highway Law, grants the State unlimited authority and disregards the wishes of local governments. Furthermore, the closing of town roads by the State disrupts local transportation without compensation to the local community.

The introduction of this legislation has been requested by the Adirondack Park Local Government Review Board and is also supported by the Adirondack Conservation Council.

LEGISLATIVE HISTORY : New bill

FISCAL IMPLICATIONS : None to the State

EFFECTIVE DATE : This act shall take effect immediately.