S T A T E   O F   N E W   Y O R K
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                                  10315

                          I N  A S S E M B L Y

                             March 17, 2010
                               ___________

Introduced  by M. of A. KOON, LIFTON, BURLING, BACALLES -- read once and
  referred to the Committee on Real Property Taxation

AN ACT to prohibit local assessors from increasing the assessed value of
  real property based on the stumpage value of the trees thereon and  to
  establish  the  forestland  taxation task force; and providing for the
  repeal of such provisions upon the expiration thereof

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

  Section  1.  Legislative  findings.  The  legislature hereby finds and
declares that in light of significant increases in real  property  taxes
in  many  parts  of the state, due to a variety of factors including but
not limited to increases in market value of  real  property,  growth  in
school  and  local  spending,  a declining commercial and industrial tax
base, and  assessment  valuation  practices  which  may  not  accurately
reflect  the actual value of timber, that now more than ever an increas-
ing proportion of lands in the state devoted to  the  growth  of  forest
crops  are assessed at a level which renders the continued dedication to
such use uneconomical. It is the purpose of this act to chart a path  by
which present and future forest lands may be protected and enhanced as a
viable segment of the state's economy, and as an environmental resource.
  S  2. On and after January 1, 2010, no assessor of any local assessing
unit shall increase that portion of  the  assessment  of  real  property
which pertains to the stumpage value of trees on any parcel of privately
owned  real property to which a stumpage value is assigned on the effec-
tive date of this act, as determined from the assessment from the  imme-
diately preceding assessment roll.
  S  3.  Commencing  with  the  2010 assessment roll, an assessor of any
local assessing unit shall assign a value for trees upon any  parcel  of
real  property which does not bear a stumpage value immediately prior to
the effective date of this act.
  S 4. The provisions of sections two and three of this  act  shall  not
apply to state owned land.
  S  5. As used in this act, "stumpage value" shall mean that portion of
privately owned forestland which is in addition to the bare  land  value

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

                                                           LBD07208-05-0

A. 10315                            2

and  pertains  to real property upon which the assessor has calculated a
contributory value for the trees pursuant to guidelines  for  the  valu-
ation of forestlands issued by the office of real property services.
  S  6.  A forestland taxation task force is hereby established to exam-
ine, evaluate and make recommendations concerning the  existing  methods
of  assessing and taxing private forestlands, and alternative methods of
assessing and taxing  private  forestlands  which  are  consistent  with
promoting sustainable forestry practices, encouraging private investment
in working forests and maintaining open space.
  S  7. The forestland taxation task force shall consist of 7 members to
be appointed as follows: 2 shall be appointed by the temporary president
of the senate, 2 shall be appointed by the speaker of  the  assembly,  1
shall  be  appointed  by  the  minority leader of the senate, 1 shall be
appointed by the minority  leader  of  the  assembly,  and  1  shall  be
appointed by the governor. The members of the task force shall include a
representative  from  each  of  the following: family forest operations,
timber investment management organizations, farm woodlot  owners,  local
governments, the forest products industry, private forest landowners and
environmental  organizations.  Vacancies  in  the membership of the task
force shall be filled in the manner provided for original appointments.
  S 8. The forestland taxation task force may meet  within  and  without
the state, shall hold public hearings and shall have all the powers of a
legislative  committee  pursuant  to the legislative law. To the maximum
extent feasible, the members of the task  force  shall  be  entitled  to
request and receive, and shall utilize and be provided with such facili-
ties,  resources  and  data  of  any court, department, division, board,
bureau, commission and agency of the state or any political  subdivision
thereof  as  it  may reasonably request to properly carry out its powers
and duties pursuant to this act.
  S 9. The members of the forestland taxation task force  shall  receive
no  compensation  for  their services, but shall be allowed their actual
and necessary expenses incurred  in  the  performance  of  their  duties
pursuant to this act.
  S 10. The forestland taxation task force shall report, to the governor
and the legislature, its findings, conclusions and recommendations on or
before April 30, 2011, and shall submit with its report such legislative
proposals as it deems necessary to implement its recommendations.
  S  11.  This act shall take effect immediately and shall expire and be
deemed repealed May 1, 2011.