Bill Text: NY A05732 | 2013-2014 | General Assembly | Introduced

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Bill Title: Creates the New York state maple syrup production fund.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Introduced - Dead) 2013-03-06 - referred to environmental conservation [A05732 Detail]

Download: New_York-2013-A05732-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5732
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2013
                                      ___________
       Introduced by M. of A. JORDAN, McLAUGHLIN, DUPREY, MONTESANO, PALMESANO,
         HAWLEY,  BUTLER,  TITONE  --  Multi-Sponsored  by -- M. of A. BARCLAY,
         CERETTO, CORWIN, CROUCH, GIGLIO, McDONOUGH,  OAKS  --  read  once  and
         referred to the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law and the state finance
         law,  in  relation  to  the creation of the New York state maple syrup
         production fund
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  1  of  section  9-0303  of the environmental
    2  conservation law, as amended by chapter 602 of  the  laws  of  2003,  is
    3  amended to read as follows:
    4    1.  Trees  or  timber.  Except as provided in subdivision 2 of section
    5  9-0107 and in sections 9-0501 through [9-0507] 9-0508 of this article no
    6  person shall cut, remove, injure, destroy or cause to be  cut,  removed,
    7  injured  or  destroyed  any trees or timber or other property thereon or
    8  enter upon such lands with intent to do so.
    9    S 2. The environmental conservation law is amended  by  adding  a  new
   10  section 9-0508 to read as follows:
   11  S 9-0508. MAPLE SYRUP EXTRACTION LEASES.
   12    1. NOTWITHSTANDING ANY PROVISIONS OF ARTICLE SEVEN OF THE PUBLIC LANDS
   13  LAW  TO  THE CONTRARY, THE DEPARTMENT, WITH THE APPROVAL OF THE DIRECTOR
   14  OF THE DIVISION OF LANDS AND FORESTS, MAY  ENTER  INTO  LEASES  FOR  THE
   15  PURPOSE  OF  THE  EXTRACTION  OF  MAPLE  SAP FOR THE PRODUCTION OF MAPLE
   16  SYRUP, ON ANY LANDS ACQUIRED BY THE STATE  IN  ACCORDANCE  WITH  SECTION
   17  9-0501 OF THIS ARTICLE.
   18    2.  SUCH  LEASES  GRANTED  UNDER THIS SECTION SHALL BE OF A TERM OF NO
   19  MORE THAN TEN YEARS, AND SHALL HAVE TERMS AND CONDITIONS  PRESCRIBED  BY
   20  THE  DEPARTMENT,  INCLUDING BUT NOT LIMITED TO, THOSE DESCRIBED IN PARA-
   21  GRAPHS (A), (B) AND (C) OF THIS SUBDIVISION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06519-01-3
       A. 5732                             2
    1    (A) LEASES SHALL BE AWARDED FOR NO LESS THAN FIFTY CENTS PER ESTIMATED
    2  TAP ON THE LEASED ACREAGE.
    3    (B)  PROVISIONS FOR THE INGRESS AND EGRESS OF THE SYRUP PRODUCTION FOR
    4  THE PURPOSES OF TAPPING TREES, INSTALLING  LINES,  COLLECTING  SAP,  AND
    5  GENERALLY  MAINTAINING  THE  EQUIPMENT NECESSARY TO COLLECT SAP FROM THE
    6  LEASED AREA.
    7    (C) A PLAN DEVELOPED BY THE DEPARTMENT WHICH WILL IDENTIFY WHICH TREES
    8  ARE ELIGIBLE TO BE TAPPED BY THE  LESSEE.  THE  PRESERVATION  OF  VENEER
    9  GRADE  LUMBER  WHILE  ALLOWING  FOR  MAXIMUM SAP EXTRACTION WITH MINIMAL
   10  TIMBER VALUE LOSS SHALL GUIDE THE DEPARTMENT IN THE PREPARATION OF THESE
   11  PLANS.
   12    3. FUNDS GENERATED THROUGH THE LEASING OF LANDS AS DESCRIBED IN SUBDI-
   13  VISION 2 OF THIS SECTION SHALL BE DEPOSITED IN THE NEW YORK STATE  MAPLE
   14  SYRUP  PRODUCTION  FUND  FOR  THE PURPOSES OF FUNDING THE PREPARATION OF
   15  TAPPING PLANS REQUIRED TO BE GENERATED IN PARAGRAPH (C) OF SUBDIVISION 2
   16  OF THIS SECTION. IN THE EVENT THE AMOUNT DEPOSITED IN SUCH FUND  THROUGH
   17  SUCH  SALES  EXCEEDS  THE COST TO THE DEPARTMENT TO PRODUCE THESE PLANS,
   18  THE BALANCE SHALL BE SPLIT EVENLY BETWEEN  THE  DIVISION  OF  LANDS  AND
   19  FORESTS  WITHIN  THE  DEPARTMENT  AND  THE DEPARTMENT OF AGRICULTURE AND
   20  MARKETS TO BE USED SPECIFICALLY FOR THE ADVERTISEMENT AND ENHANCEMENT OF
   21  THE MAPLE INDUSTRY WITHIN THE STATE OF NEW YORK.
   22    S 3. The state finance law is amended by adding a new section 99-u  to
   23  read as follows:
   24    S 99-U. NEW YORK STATE MAPLE SYRUP PRODUCTION FUND. 1. THERE IS HEREBY
   25  ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
   26  COMMISSIONER OF ENVIRONMENTAL CONSERVATION A FUND TO  BE  KNOWN  AS  THE
   27  "NEW YORK STATE MAPLE SYRUP PRODUCTION FUND".
   28    2.  THE  FUND SHALL CONSIST OF MONIES GENERATED THROUGH THE LEASING OF
   29  LANDS AS DESCRIBED IN SECTION 9-0508 OF THE  ENVIRONMENTAL  CONSERVATION
   30  LAW.
   31    3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE DEPARTMENT OF ENVIRON-
   32  MENTAL  CONSERVATION  AND  THE DEPARTMENT OF AGRICULTURE AND MARKETS FOR
   33  USES DESCRIBED IN SUBDIVISION THREE OF SECTION 9-0508  OF  THE  ENVIRON-
   34  MENTAL CONSERVATION LAW.
   35    S 4. This act shall take effect immediately.