Bill Text: NY S00985 | 2019-2020 | General Assembly | Introduced


Bill Title: Requires forest management plans, subject to the approval of the department of environmental conservation, for certain lands subject to a conservation easement purchased by the state and forbids clearcutting on such lands without such forest management plan; increases the jurisdiction of the Adirondack park agency over clearcutting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00985 Detail]

Download: New_York-2019-S00985-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           985
                               2019-2020 Regular Sessions
                    IN SENATE
                                     January 9, 2019
                                       ___________
        Introduced  by  Sen. BRESLIN -- 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  the
          preparation  of forest management plans subject to the approval of the
          department of environmental conservation; and to amend  the  executive
          law, in relation to increasing the jurisdiction of the Adirondack park
          agency over clearcutting
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 49-0311 of the environmental  conservation  law  is
     2  renumbered section 49-0313 and a new section 49-0311 is added to read as
     3  follows:
     4  § 49-0311. Forest management plans.
     5    1.  The  department  is  hereby  authorized and directed to promulgate
     6  regulations, within six months of the effective date  of  this  section,
     7  for  the preparation of forest management plans on lands where the prac-
     8  tice of forestry is to continue under the terms of a conservation  ease-
     9  ment  purchased by the state. There shall be no harvesting of timber for
    10  commercial purposes or infrastructure activities on such lands until the
    11  forest management plan has been approved by the department.
    12    2. The forest management plan and supporting  documents  shall,  at  a
    13  minimum, include the following:
    14    a.  a description of the forest resources to be managed, environmental
    15  conditions and limitations, land use and ownership status, and a profile
    16  of adjacent lands;
    17    b. a description of silvicultural and  other  management  systems,  as
    18  applicable,  based on the ecology of the forest in question and informa-
    19  tion gathered through resource inventories;
    20    c. a rationale for the rate of annual harvest, species selections, and
    21  expected outcomes;
    22    d. provisions for monitoring of forest growth and dynamics;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05690-01-9

        S. 985                              2
     1    e. environmental safeguards based on environmental  assessments.  Such
     2  environmental  assessments shall, at a minimum, include an evaluation of
     3  potential environmental impacts and their cumulative effects, and  iden-
     4  tification  of measures to mitigate those impacts, to the maximum extent
     5  possible,  including impacts upon plants and animals, and soil and water
     6  resources, and the maintenance or restoration,  as  applicable,  of  the
     7  long term ecological functions of the forest;
     8    f.  plans  for  the identification and protection of rare, threatened,
     9  and endangered species and their habitats;
    10    g. maps describing  the  forest  resource  base,  including  protected
    11  areas, planned management activities, and land ownership; and
    12    h. a description and justification of harvesting techniques and equip-
    13  ment to be used.
    14    3.  The  management  plan shall be revised periodically to incorporate
    15  the results of monitoring or new scientific and  technical  information,
    16  as  well  as  to respond to changing environmental, social, and economic
    17  circumstances.
    18    § 2. Section 809 of the executive law  is  amended  by  adding  a  new
    19  subdivision 10-a to read as follows:
    20    10-a.  The  agency  shall  not approve any project proposed for timber
    21  harvesting that includes a proposed clearcutting of any single  unit  of
    22  land  of  more than five acres pursuant to subparagraph one of paragraph
    23  a, subparagraph nine of paragraph b, subparagraph nine of  paragraph  c,
    24  subparagraph  ten  of paragraph d, or subparagraph eleven of paragraph e
    25  of subdivision one of section eight hundred ten of this article until  a
    26  forest  management  plan has been submitted to the agency and the agency
    27  has approved such plan. The  agency  shall,  in  consultation  with  the
    28  department  of  environmental  conservation,  promulgate rules and regu-
    29  lations setting forth the requirements for such forest management  plan,
    30  consistent  with  the provisions of this subdivision. The forest manage-
    31  ment plan and supporting documents shall,  at  a  minimum,  include  the
    32  following:
    33    a.  a description of the forest resources to be managed, environmental
    34  conditions and limitations, land use and ownership status, and a profile
    35  of adjacent lands;
    36    b. a description of silvicultural  or  other  management  systems,  as
    37  applicable,  based on the ecology of the forest in question and informa-
    38  tion gathered through resource inventories;
    39    c. a rationale for rate of annual  harvest,  species  selections,  and
    40  expected outcomes;
    41    d. provisions for monitoring of forest growth and dynamics;
    42    e.  environmental  safeguards based on environmental assessments. Such
    43  environmental assessments shall, at a minimum, include an evaluation  of
    44  potential  environmental impacts and their cumulative effects, and iden-
    45  tification of measures to mitigate those impacts, to the maximum  extent
    46  possible,  including impacts upon plants and animals, and soil and water
    47  resources, and the maintenance or restoration,  as  applicable,  of  the
    48  long term ecological functions of the forest;
    49    f.  plans  for  the identification and protection of rare, threatened,
    50  and endangered species and their habitats;
    51    g. maps describing  the  forest  resource  base,  including  protected
    52  areas, planned management activities, and land ownership; and
    53    h. a description and justification of harvesting techniques and equip-
    54  ment to be used.
    55    The  management  plan shall be revised periodically to incorporate the
    56  results of monitoring or new scientific and  technical  information,  as

        S. 985                              3
     1  well  as  to  respond  to  changing  environmental, social, and economic
     2  circumstances.
     3    §  3. Subparagraph 1 of paragraph a of subdivision 1 of section 810 of
     4  the executive law, as amended by chapter 679 of the  laws  of  1974,  is
     5  amended to read as follows:
     6    (1) All land uses and development and all subdivisions of land involv-
     7  ing  wetlands,  except  for  forestry uses (other than timber harvesting
     8  that includes a proposed clearcutting of any single unit of land of more
     9  than [twenty-five] five acres), agricultural uses, public utility  uses,
    10  and  accessory  uses or structures (other than signs) to any such use or
    11  to any pre-existing use.
    12    § 4. Subparagraph 9 of paragraph b, subparagraph  9  of  paragraph  c,
    13  subparagraph  10  of  paragraph d, and subparagraph 11 of paragraph e of
    14  subdivision 1 of section 810 of the executive law, as added  by  chapter
    15  348 of the laws of 1973, are amended to read as follows:
    16    (9)  Timber  harvesting  that  includes a proposed clearcutting of any
    17  single unit of land of more than [twenty-five] five acres.
    18    (9) Timber harvesting that includes a  proposed  clearcutting  of  any
    19  single unit of land of more than [twenty-five] five acres.
    20    (10)  Timber  harvesting  that includes a proposed clearcutting of any
    21  single unit of land of more than [twenty-five] five acres.
    22    (11) Timber harvesting that includes a proposed  clearcutting  of  any
    23  single unit of land of more than [twenty-five] five acres.
    24    §  5.  Section  803 of the executive law, as amended by chapter 986 of
    25  the laws of 1984, is amended to read as follows:
    26    § 803. Adirondack park agency. 1. There is hereby created in the exec-
    27  utive department, the Adirondack park agency, which shall consist of the
    28  following members: the commissioner of environmental  conservation,  the
    29  secretary of state, the commissioner of commerce and eight members to be
    30  appointed  by  the  governor  by  and with the advice and consent of the
    31  senate. The governor shall designate a chairman from among  the  members
    32  appointed  to  the  agency,  who shall serve at the governor's pleasure.
    33  None of the members appointed by  the  governor  shall  be  officers  or
    34  employees of any state department or agency.
    35    2. Five members appointed by the governor shall be full-time residents
    36  within  the  Adirondack park provided, however, that no two such members
    37  shall be residents of the same county except for such members  initially
    38  appointed  before January first, nineteen hundred seventy-three, who may
    39  be reappointed for additional successive terms. Three members  appointed
    40  by  the  governor shall be residents of the state outside the Adirondack
    41  park. Not more than five appointed members shall be of  the  same  poli-
    42  tical party.
    43    3.  All  appointments  shall be made for terms of four years; provided
    44  that the first member appointed by the governor pursuant to the increase
    45  of members from seven to eight shall be appointed for a term expiring on
    46  the thirtieth day of June, nineteen hundred seventy-six.  Each  of  such
    47  appointed members of the agency shall hold office for the term for which
    48  he  was  appointed and until his successor shall have been appointed and
    49  qualified or until he shall resign or be removed in the manner  provided
    50  by  law. In the case of any vacancy other than one arising by expiration
    51  of term, an appointment to fill  the  vacancy  shall  be  made  for  the
    52  remainder of the unexpired term.
    53    4.  The  designated  chairman shall receive an annual salary of thirty
    54  thousand dollars. The other members of  the  agency,  except  those  who
    55  serve  ex  officio,  shall  receive one hundred dollars per diem, not to
    56  exceed five thousand dollars per annum compensation for  their  services

        S. 985                              4
     1  as  members  of the agency. All members, except those who serve ex offi-
     2  cio, shall be allowed the necessary and actual expenses incurred in  the
     3  performance of duties under this article.
     4    5.  A  majority of the members of the agency shall constitute a quorum
     5  for the transaction of any business or the  exercise  of  any  power  or
     6  function of the agency and affirmative vote by a majority of the members
     7  of  the  agency,  except  as  is otherwise specifically provided in this
     8  article, shall be required to exercise any  power  or  function  of  the
     9  agency.  Votes  of  any member shall be cast in person and not by proxy.
    10  The agency may delegate to one or more of its members, officers,  agents
    11  and  employees,  such  powers and duties as it deems proper except to do
    12  any project proposed for timber harvesting that includes proposed clear-
    13  cutting of any single unit of land of more than five acres  pursuant  to
    14  subparagraph  one  of  paragraph  a,  subparagraph  nine of paragraph b,
    15  subparagraph nine of paragraph c, subparagraph ten of  paragraph  d,  or
    16  subparagraph  eleven  of paragraph e of subdivision one of section eight
    17  hundred ten of this article.
    18    6. The commissioner of environmental conservation and the commissioner
    19  of commerce and the secretary of state may, by official authority  filed
    20  in  their  respective  agencies,  and  with  the Adirondack park agency,
    21  designate a deputy or other officer to exercise his powers  and  perform
    22  his duties, including the right to vote, on the agency.
    23    §  6.  Paragraph  e  of subdivision 13 of section 809 of the executive
    24  law, as added by chapter 428 of the laws of 1979, is amended to read  as
    25  follows:
    26    e.  To  issue  a  general  permit for any class of projects concerning
    27  which the agency determines it may make the requisite statutory findings
    28  on a general basis except for any project proposed for timber harvesting
    29  that includes proposed clearcutting of any single unit of land  of  more
    30  than  five  acres  pursuant to subparagraph one of paragraph a, subpara-
    31  graph nine of paragraph b, subparagraph nine of  paragraph  c,  subpara-
    32  graph  ten  of  paragraph  d,  or  subparagraph eleven of paragraph e of
    33  subdivision one of section eight hundred ten of this article.
    34    § 7. This act shall take effect immediately.
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