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Chapter 533 of the Laws of 2008 [of New York State]
S 4637-C (Rath) / A. 8145-C (Hoyt)
STATE OF NEW YORK
________________________________________________________________________
8145--C
2007-2008 Regular Sessions
IN ASSEMBLY
May 7, 2007
___________
Introduced by M. of
A. HOYT, SCHIMEL, MILLMAN, LAFAYETTE, GABRYSZAK,
MAISEL, STIRPE,
COOK, FIELDS, FINCH, SPANO, GIGLIO, ENGLEBRIGHT,
SCHROEDER --
Multi-Sponsored by -- M. of A. BENJAMIN, BOYLAND, BREN-
NAN, DESTITO, GLICK,
GOTTFRIED, HAWLEY, JAFFEE, McDONOUGH, McENENY,
PEOPLES, PHEFFER,
QUINN, REILLY -- read once and referred to the
Committee on
Environmental Conservation -- recommitted to the Commit-
tee on
Environmental Conservation in accordance with Assembly Rule 3,
sec. 2 -- committee
discharged, bill amended, ordered reprinted as
amended and
recommitted to said committee -- again reported from said
committee with
amendments, ordered reprinted as amended and recommit-
ted to said
committee -- again reported from said committee with
amendments, ordered
reprinted as amended and recommitted to said
committee
AN ACT to amend the
environmental conservation law, in relation to the
Bruce S. Kershner
old-growth forest preservation and protection act
The People of the
State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Short
title. This act shall be known and may be cited as
2 the "Bruce S. Kershner old-growth
forest preservation and protection
3 act".
4 § 2. Legislative
findings and declarations. The legislature hereby
5 finds and declares: (a) many of New York's
original old-growth forests
6 have been cut down; (b) New
York's remaining old-growth forests are a
7 unique natural treasure; (c) old-growth forests
are building blocks for
8 restoring natural forest structure and
maintaining ecological diversity;
9 (d) people from all over the world enjoy
the natural beauty of New York
10 state, and we should promote and protect
the heritage of old-growth
11 forests for future generations and
the economic benefit to the state;
12 (e) whenever appropriate funding sources are
available, acquisition of
13 old-growth forests from willing
sellers should be a priority for the
14 state, so that these forests may be protected for
their environmental,
EXPLANATION--Matter in italics
(underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10343-17-8
A. 8145--C 2
1 educational, and aesthetic values and for the enjoyment and appreciation
2 of present and future generations of residents and visitors; (f) old-
3 growth forests have aesthetic and historic significance, often providing
4 significant benefits to land, air, water, flora, fauna, and noise
5 reduction; and (g) the preservation and maintenance of old-growth
6 forests, native vegetation, and wildlife on forest land provide a
7 biological reserve, and provide benefits to the biological diversity,
8 resilience, and productivity of forest land.
9 It is the intent of the legislature that this act be construed in
10 accordance with the following primary objectives: (a) to protect old-
11 growth forests in the state of New York, in the interest of heritage
12 preservation and ecosystem conservation, for the benefit of present and
13 future generations; (b) to maintain the ability of old-growth forests to
14 sequester carbon, thereby helping to avoid an increase in the level of
15 greenhouse gases in the atmosphere; (c) to maintain the ability of old-
16 growth forests to transpire water and to provide shade and large woody
17 debris to streams, rivers, and creeks; (d) to provide habitat for endan-
18 gered and threatened species that are dependent on or associated with
19 old-growth forests; and (e) to encourage, as appropriate, the retention
20 of old, large, dead, dying or deteriorating trees that provide necessary
21 habitat for wildlife and nutrients essential for forest health, and
22 retain moisture that enhances water quality and quantity.
23 § 3. The third undesignated paragraph of section 45-0101 of the envi-
24 ronmental conservation law, as added by chapter 554 of the laws of 1993,
25 is amended to read as follows:
26 Lands dedicated to the preserve shall include only those lands in
27 state ownership in need of the highest level of protection. The dedi-
28 cation of ecologically significant lands to the preserve is intended for
29 unique and irreplaceable state-owned lands that are relatively undis-
30 turbed and not presently being actively managed through modern forest
31 management practices, including old-growth forests.
32 § 4. Subdivision 5 of section 45-0105 of the environmental conserva-
33 tion law, as added by chapter 554 of the laws of 1993, is amended and a
34 new subdivision 6 is added to read as follows:
35 5. The term "lands of ecological significance" shall mean state-owned
36 lands and waters that harbor plants, animals or ecological communities
37 that are rare in New York state or exemplary occurrences of more common
38 ecological communities. For the purposes of this article, the term
39 "exemplary occurrences of an ecological community" means a represen-
40 tative, high quality example of a given ecological community type, char-
41 acterized by a distinctive assemblage of interacting plant and animal
42 populations, including old-growth forests.
43 6. The term "old-growth forest" shall mean a parcel of at least ten
44 acres which includes all of the following: an abundance of late succes-
45 sional tree species, at least one hundred eighty to two hundred years of
46 age in a contiguous forested landscape that has evolved and reproduced
47 itself naturally, with the capacity for self perpetuation, arranged in a
48 stratified forest structure consisting of multiple growth layers
49 throughout the canopy and forest floor, featuring canopy gaps formed by
50 natural disturbances creating an uneven canopy and a conspicuous absence
51 of multiple stemmed trees and coppices. Typically, old-growth forest
52 sites also are characterized by an irregular forest floor containing an
53 abundance of coarse woody materials which are often covered by mosses
54 and lichens, show limited signs of human disturbance since European
55 settlement, have distinct soil horizons that include definite organic,
56 mineral, alluvial accumulation, and unconsolidated layers, and have an
A. 8145--C 3
1 understory that displays well developed and diverse surface herbaceous
2 layers.
3 § 5. Subdivision 1 of section 45-0111 of the environmental conserva-
4 tion law, as amended by chapter 55 of the laws of 1992, is amended to
5 read as follows:
6 1. To recommend to the Governor and legislature real property to be
7 included in the preserve. In making such recommendations, the trustee
8 shall first find that such real property qualifies for inclusion in the
9 preserve because of its natural beauty, wilderness character [or its],
10 it contains old-growth forest, or is of other geological, ecological or
11 historical significance. Such recommendation shall include, where
12 appropriate, the estimated value or cost of the real property, justi-
13 fication for its inclusion in the preserve, and provision for manage-
14 ment, care, custody and control of the real property. When the trustee
15 identifies a parcel of state land which may be an old-growth forest, the
16 trustee shall evaluate the parcel, and if it meets the criteria of an
17 old-growth forest, recommend the parcel be included in the preserve.
18 When the trustee recommends property be placed in the preserve to
19 protect old-growth forest, such recommendation shall include provisions
20 that the old-growth forest be protected with minimum management or
21 disturbance that only considers passive recreational opportunities with
22 no construction of public amenities. In those provisions, the protection
23 of the old-growth forest from invasive species and diseases may be
24 considered. Such real property may include, but not be limited to real
25 property presently owned in the name of the state, unconditional or
26 conditional grants, gifts and bequests to the state of real property,
27 and real property recommended by the trustee for acquisition.
28 § 6. Paragraph a of subdivision 3 of section 45-0117 of the environ-
29 mental conservation law, as added by chapter 554 of the laws of 1993, is
30 amended to read as follows:
31 a. As natural areas for maintaining plants, animals and natural commu-
32 nities, including preservation of old-growth forests dedicated to the
33 preserve specifically for that purpose;
34 § 7. Paragraphs a and h of subdivision 1 of section 49-0205 of the
35 environmental conservation law, as added by chapter 146 of the laws of
36 1990, are amended to read as follows:
37 a. open space, forest land and park land owned by federal, state and
38 local governmental entities including lands containing old-growth forest
39 dedicated to the state nature and historical preserve pursuant to arti-
40 cle forty-five of this chapter;
41 h. lands which possess statewide or regional significance for histor-
42 ic, cultural, ecological, open space, outdoor recreation, resource
43 protection or wildlife management purposes, including the purpose of
44 restoring extirpated species, and preserving old-growth forests.
45 § 8. Section 49-0301 of the environmental conservation law, as added
46 by chapter 292 of the laws of 1984, is amended to read as follows:
47 § 49-0301. Declaration of policy and statement of purpose.
48 The legislature hereby finds and declares that in order to implement
49 the state policy of conserving, preserving and protecting its environ-
50 mental assets and natural and man-made resources, the preservation of
51 open spaces, the preservation, development and improvement of agricul-
52 tural and forest lands, the preservation of areas which are significant
53 because of their scenic or natural beauty or wetland, shoreline, geolog-
54 ical or ecological, including old-growth forest, character, and the
55 preservation of areas which are significant because of their historical,
56 archaeological, architectural or cultural amenities, is fundamental to
A. 8145--C 4
1 the maintenance, enhancement and improvement of recreational opportu-
2 nities, tourism, community attractiveness, balanced economic growth and
3 the quality of life in all areas of the state.
4 § 9. Subdivision 4 of section 53-0103 of the environmental conserva-
5 tion law, as added by chapter 686 of the laws of 1978, is amended to
6 read as follows:
7 4. Prepare and circulate model ordinances, relating to trees, appro-
8 priate to be used in implementation of section ninety-six-b of the
9 general municipal law or other applicable municipal authority, including
10 but not limited to ordinances or local laws for designation by munici-
11 palities of historic or specimen trees, stands and groves, or old-growth
12 forests, and to provide for the recognition and protection thereof.
13 § 10. This act shall take effect immediately.
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