NY State Assembly Bill 2009-A9073

Assembly Bill A9073

2009-2010 Legislative Session

Provides office of parks, recreation and historic preservation shall not take specified actions involving commercial use of natural resources, including timber, in parks

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Archive: Last Bill Status - In Assembly 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2010	reported referred to ways and means
May 07, 2010	print number 9073a
May 07, 2010	amend and recommit to tourism, arts and sports development
Jan 06, 2010	referred to tourism, arts and sports development
Jul 10, 2009	referred to tourism, arts and sports development

Bill Amendments

Original

A (Active)

co-Sponsors

2009-A9073 - Details

Current Committee:: Assembly Ways And Means
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §3.10, Pks & Rec L
Versions Introduced in 2011-2012 Legislative Session:: A375

2009-A9073 - Summary

Seeks to protect the public trust in the natural resources in state parks and historic sites by protecting their natural resources (i.e., timber, forest products, oil, gas, sand, rock, gravel or minerals derived from or originating in a state park or historic site) from certain commercial uses; prohibits the office of parks, recreation and historic preservation (and officers and employees thereof) from engaging in various activities related to commercial use of natural resources, that is: entering into leases or contracts with a private party to log timber; selling or exchanging timber, forest products or other natural resources for use outside the park or site; conversion of any natural resource, etc.

2009-A9073 - Sponsor Memo

                                BILL NUMBER:A9073

TITLE  OF  BILL:    An act to amend the parks, recreation and historic
preservation law, in relation to protecting natural resources in state
parks and historic sites

PURPOSE OR GENERAL IDEA OF BILL: "The  2000  Parks  Protection  Bill."
This  bill  seeks  to protect the natural beauty of all state parks by
protecting its natural resources from exploitation.

SUMMARY OF  SPECIFIC  PROVISIONS:  §  1.  The  parks,  recreation  and
historic preservation law is amended by adding a new section 3.10 that
defines  the terms "conversion:" "forest product...," "private party;"
"timber;" and "natural resources."

§ 2. of the bill protects the public trust in the natural resources in
state parks and historic  sites  by  prohibiting  the  office  or  any
officer or employee from

a. Entering into a contract with a private party to log timber.

b.  Sell or exchange timber, forest products, or natural resources for
use outside of state parks.

c. Convert any natural resource.

d. Extend any existing lease or contract for  the  conversion  of  any
resource in a state park.

e. Construct roads and skid for the purpose of removing timber.

§  3.  States  that nothing herein shall be understood to restrict the
sale of firewood collected for use in state parks, restrict bunting or
fishing, or the removal of fish or game obtained  through  hunting  or
fishing,  or restrict the sale or exchange of products not originating
in state parks.

JUSTIFICATION:   While there is  much  debate  over  what  constitutes
appropriate  management techniques within state parks, Governor Pataki
seemed to settle the matter of whether the commercial exploitation  of
parks  resources  is  ever  appropriate  when he pledged to reject any
management plan for Allegany State Park that includes  provisions  for
commercial logging. This bill will apply that ethic to all state parks
for  all  time  by  prohibiting  commercial logging as well as similar
activities.

This bill does not attempt to define what is or is not appropriate irk
the course of parks management. It does not in any  way  restrict  the
powers  of  the  Office of Parks, Recreation and Historic Preservation
from administering parks. It also does not restrict  hunting,  fishing
or  the sale of wood for campfires within the Park. Rather, it ensures
that whatever management activities are practiced are not done so  for
commercial or other non-park purposes.

PRIOR LEGISLATIVE HISTORY:


2005-2006-A2400 Referred to Tourism, Arts and Sports Development
2003-2004-A820 Referred to Tourism, Arts and Sports Development
2001-2002-A308 Referred to Tourism, Arts and Sports Development

FISCAL IMPLICATIONS: None.

EFFECTIVE  DATE:  This  act  shall  take effect immediately, and shall
remain in full force permanently.

2009-A9073 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9073

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              July 10, 2009
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred to the Committee
  on Tourism, Arts and Sports Development

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  protecting natural resources in state parks and historic
  sites

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  parks,  recreation  and historic preservation law is
amended by adding a new section 3.10 to read as follows:
  S 3.10 PROTECTION OF NATURAL RESOURCES. 1. AS USED IN THIS SECTION:
  (A) "CONVERSION" SHALL MEAN THE ALTERATION OR  REMOVAL  OF  A  NATURAL
RESOURCE FOR A NON-PARK PURPOSE.
  (B) "FOREST PRODUCT" SHALL MEAN ANY OBJECT CONSTRUCTED FROM TIMBER, OR
A  NON-CONSTRUCTION  FORM  OF  TREES  FROM A STATE PARK OR HISTORIC SITE
INCLUDING, BUT NOT LIMITED TO, WOOD CHIPS, WOOD PULP AND SAWDUST.
  (C) "PRIVATE PARTY" SHALL MEAN  ANY  ENTITY  OTHER  THAN  THE  OFFICE,
INCLUDING  BUT NOT LIMITED TO CORPORATIONS OR OTHER BUSINESSES, NOT-FOR-
PROFIT ORGANIZATIONS, OR PRIVATE CITIZENS.
  (D) "TIMBER" SHALL MEAN WOOD FROM A STATE PARK OR HISTORIC SITE  SUIT-
ABLE  FOR  CONSTRUCTION  PURPOSES  WHETHER  CUT  OR STILL IN THE FORM OF
TREES.
  (E) "NATURAL RESOURCE" SHALL MEAN TIMBER, FOREST PRODUCTS,  OIL,  GAS,
SAND,  ROCK,  GRAVEL, OR MINERALS DERIVED FROM OR ORIGINATING IN A STATE
PARK OR HISTORIC SITE.
  2. IN ORDER TO PROTECT THE PUBLIC TRUST IN THE  NATURAL  RESOURCES  IN
STATE  PARKS  AND  HISTORIC SITES, THE OFFICE OR ANY OFFICER OR EMPLOYEE
THEREOF SHALL NOT:
  (A) ENTER INTO AN AGREEMENT TO LEASE OR CONTRACT WITH A PRIVATE  PARTY
TO LOG TIMBER IN STATE PARKS OR HISTORIC SITES;
  (B)  SELL  OR  EXCHANGE  TIMBER,  FOREST  PRODUCTS  OR  OTHER  NATURAL
RESOURCES FOR USE OUTSIDE STATE PARKS OR HISTORIC SITES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14510-01-9

A. 9073                             2

  (C) CONVERT ANY NATURAL RESOURCE IN A STATE PARK OR HISTORIC SITE;
  (D)  EXTEND  ANY  EXISTING LEASE OR CONTRACT FOR THE CONVERSION OF ANY
NATURAL RESOURCE IN A STATE PARK OR HISTORIC SITE; OR
  (E) CONSTRUCT ROADS AND SKIDS FOR THE PURPOSE OF  REMOVING  TIMBER  OR
FOR  THE  CONVERSION  OF  NATURAL  RESOURCES IN STATE PARKS AND HISTORIC
SITES.
  3. NOTHING IN THIS SECTION SHALL BE UNDERSTOOD TO:
  (A) RESTRICT THE SALE OF FIREWOOD COLLECTED IN  STATE  PARKS  FOR  USE
WITHIN STATE PARKS;
  (B)  RESTRICT  OTHERWISE  PERMISSIBLE  HUNTING OR FISHING WITHIN STATE
PARKS, OR THE REMOVAL OF FISH OR GAME OBTAINED THROUGH  SUCH  ACTIVITIES
FROM STATE PARKS; OR
  (C) RESTRICT THE OTHERWISE PERMISSIBLE SALE, EXCHANGE OR CONVERSION OF
OBJECTS, SUBSTANCES OR PRODUCTS NOT DERIVED FROM OR ORIGINATING IN STATE
PARKS OR HISTORIC SITES.
  S  2.  This  act  shall take effect immediately and shall apply to all
agreements, leases and contracts entered into, issued, renewed,  altered
or modified on or after such effective date.

co-Sponsors

2009-A9073A (ACTIVE) - Details

Current Committee:: Assembly Ways And Means
Law Section:: Parks, Recreation and Historic Preservation Law
Laws Affected:: Add §3.10, Pks & Rec L
Versions Introduced in 2011-2012 Legislative Session:: A375

2009-A9073A (ACTIVE) - Summary

2009-A9073A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 9073--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              July 10, 2009
                               ___________

Introduced  by  M.  of  A.  HOYT,  COLTON,  ENGLEBRIGHT -- read once and
  referred to the Committee on Tourism, Arts and Sports  Development  --
  recommitted to the Committee on Tourism, Parks, Arts and Sports Devel-
  opment  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the parks, recreation and historic preservation law,  in
  relation  to  protecting natural resources in state parks and historic
  sites

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  parks,  recreation  and historic preservation law is
amended by adding a new section 3.10 to read as follows:
  S 3.10 PROTECTION OF NATURAL RESOURCES. 1. AS USED IN THIS SECTION:
  (A) "CONVERSION" SHALL MEAN THE ALTERATION OR  REMOVAL  OF  A  NATURAL
RESOURCE FOR A NON-PARK PURPOSE.
  (B) "FOREST PRODUCT" SHALL MEAN ANY OBJECT CONSTRUCTED FROM TIMBER, OR
A  NON-CONSTRUCTION  FORM  OF  TREES  FROM A STATE PARK OR HISTORIC SITE
INCLUDING, BUT NOT LIMITED TO, WOOD CHIPS, WOOD PULP AND SAWDUST.
  (C) "PRIVATE PARTY" SHALL MEAN  ANY  ENTITY  OTHER  THAN  THE  OFFICE,
INCLUDING  BUT NOT LIMITED TO CORPORATIONS OR OTHER BUSINESSES, NOT-FOR-
PROFIT ORGANIZATIONS, OR PRIVATE CITIZENS.
  (D) "TIMBER" SHALL MEAN WOOD FROM A STATE PARK OR HISTORIC SITE  SUIT-
ABLE  FOR  CONSTRUCTION  PURPOSES  WHETHER  CUT  OR STILL IN THE FORM OF
TREES.
  (E) "NATURAL RESOURCE" SHALL MEAN TIMBER, FOREST PRODUCTS,  OIL,  GAS,
SAND,  ROCK,  GRAVEL, OR MINERALS DERIVED FROM OR ORIGINATING IN A STATE
PARK OR HISTORIC SITE.
  2. IN ORDER TO PROTECT THE PUBLIC TRUST IN THE  NATURAL  RESOURCES  IN
STATE  PARKS  AND  HISTORIC SITES, THE OFFICE OR ANY OFFICER OR EMPLOYEE
THEREOF SHALL NOT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14510-02-0

A. 9073--A                          2

  (A) ENTER INTO AN AGREEMENT TO LEASE OR CONTRACT WITH A PRIVATE  PARTY
TO LOG TIMBER IN STATE PARKS OR HISTORIC SITES;
  (B)  SELL, EXCHANGE OR OTHERWISE REMOVE OR ALLOW TO UNDERGO CONVERSION
ANY TIMBER, FOREST PRODUCTS OR OTHER NATURAL RESOURCES FOR  USE  OUTSIDE
STATE PARKS OR HISTORIC SITES;
  (C) CONVERT ANY NATURAL RESOURCE IN A STATE PARK OR HISTORIC SITE;
  (D)  EXTEND  ANY  EXISTING LEASE OR CONTRACT FOR THE CONVERSION OF ANY
NATURAL RESOURCE IN A STATE PARK OR HISTORIC SITE; OR
  (E) CONSTRUCT ROADS AND SKIDS FOR THE PURPOSE OF  REMOVING  TIMBER  OR
FOR  THE  CONVERSION  OF  NATURAL  RESOURCES IN STATE PARKS AND HISTORIC
SITES.
  3. NOTHING IN THIS SECTION SHALL BE UNDERSTOOD TO:
  (A) RESTRICT THE SALE OF FIREWOOD COLLECTED IN  STATE  PARKS  FOR  USE
WITHIN STATE PARKS;
  (B)  RESTRICT  OTHERWISE  PERMISSIBLE  HUNTING OR FISHING WITHIN STATE
PARKS, OR THE REMOVAL OF FISH OR GAME OBTAINED THROUGH  SUCH  ACTIVITIES
FROM STATE PARKS;
  (C) RESTRICT THE OTHERWISE PERMISSIBLE SALE, EXCHANGE OR CONVERSION OF
OBJECTS, SUBSTANCES OR PRODUCTS NOT DERIVED FROM OR ORIGINATING IN STATE
PARKS OR HISTORIC SITES; OR
  (D) RESTRICT THE OFFICE FROM CONDUCTING ROUTINE MAINTENANCE ACTIVITIES
INCLUDING REMOVING TREES OR BRANCHES THAT ARE EITHER DISEASED OR POSE AN
IMMINENT  RISK  TO  THE  ECOLOGICAL  HEALTH  OF  ANY GIVEN STATE PARK OR
HISTORIC SITE, OR HAVE FALLEN ACROSS ROADS OR TRAILS  WITHIN  THE  STATE
PARK OR HISTORIC SITE.
  S  2.  This  act  shall take effect immediately and shall apply to all
agreements, leases and contracts entered into, issued, renewed,  altered
or modified on or after such effective date.

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Assembly Bill A9073

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Sponsored By

HOYT

Archive: Last Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

William Colton

Steven Englebright

2009-A9073 - Details

2009-A9073 - Summary

2009-A9073 - Sponsor Memo

2009-A9073 - Bill Text download pdf

co-Sponsors

William Colton

Steven Englebright

2009-A9073A (ACTIVE) - Details

2009-A9073A (ACTIVE) - Summary

2009-A9073A (ACTIVE) - Bill Text download pdf

Comments