S T A T E   O F   N E W   Y O R K
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                                  4246

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced by M. of A. BRODSKY, PAULIN -- Multi-Sponsored by -- M. of A.
  CANESTRARI,  COOK,  DINOWITZ, GLICK, GOTTFRIED, HOYT, JACOBS, MILLMAN,
  MORELLE, WEISENBERG -- read once and  referred  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:

  Section  1.  Section  49-0311 of the environmental conservation law is
renumbered section 49-0313 and a new section 49-0311 is added to read as
follows:
S 49-0311. FOREST MANAGEMENT PLANS.
  1. THE DEPARTMENT IS HEREBY  AUTHORIZED  AND  DIRECTED  TO  PROMULGATE
REGULATIONS,  WITHIN  SIX  MONTHS OF THE EFFECTIVE DATE OF THIS SECTION,
FOR THE PREPARATION OF FOREST MANAGEMENT PLANS ON LANDS WHERE THE  PRAC-
TICE  OF FORESTRY IS TO CONTINUE UNDER THE TERMS OF A CONSERVATION EASE-
MENT PURCHASED BY THE STATE. THERE SHALL BE NO HARVESTING OF TIMBER  FOR
COMMERCIAL PURPOSES OR INFRASTRUCTURE ACTIVITIES ON SUCH LANDS UNTIL THE
FOREST MANAGEMENT PLAN HAS BEEN APPROVED BY THE DEPARTMENT.
  2.  THE  FOREST  MANAGEMENT  PLAN AND SUPPORTING DOCUMENTS SHALL, AT A
MINIMUM, INCLUDE THE FOLLOWING:
  A. A DESCRIPTION OF THE FOREST RESOURCES TO BE MANAGED,  ENVIRONMENTAL
CONDITIONS AND LIMITATIONS, LAND USE AND OWNERSHIP STATUS, AND A PROFILE
OF ADJACENT LANDS;
  B.  A  DESCRIPTION  OF  SILVICULTURAL AND OTHER MANAGEMENT SYSTEMS, AS
APPLICABLE, BASED ON THE ECOLOGY OF THE FOREST IN QUESTION AND  INFORMA-
TION GATHERED THROUGH RESOURCE INVENTORIES;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07347-01-9

              

A. 4246                             2

  C. A RATIONALE FOR THE RATE OF ANNUAL HARVEST, SPECIES SELECTIONS, AND
EXPECTED OUTCOMES;
  D. PROVISIONS FOR MONITORING OF FOREST GROWTH AND DYNAMICS;
  E.  ENVIRONMENTAL  SAFEGUARDS BASED ON ENVIRONMENTAL ASSESSMENTS. SUCH
ENVIRONMENTAL ASSESSMENTS SHALL, AT A MINIMUM, INCLUDE AN EVALUATION  OF
POTENTIAL  ENVIRONMENTAL IMPACTS AND THEIR CUMULATIVE EFFECTS, AND IDEN-
TIFICATION OF MEASURES TO MITIGATE THOSE IMPACTS, TO THE MAXIMUM  EXTENT
POSSIBLE,  INCLUDING IMPACTS UPON PLANTS AND ANIMALS, AND SOIL AND WATER
RESOURCES, AND THE MAINTENANCE OR RESTORATION,  AS  APPLICABLE,  OF  THE
LONG TERM ECOLOGICAL FUNCTIONS OF THE FOREST;
  F.  PLANS  FOR  THE IDENTIFICATION AND PROTECTION OF RARE, THREATENED,
AND ENDANGERED SPECIES AND THEIR HABITATS;
  G. MAPS DESCRIBING  THE  FOREST  RESOURCE  BASE,  INCLUDING  PROTECTED
AREAS, PLANNED MANAGEMENT ACTIVITIES, AND LAND OWNERSHIP; AND
  H. A DESCRIPTION AND JUSTIFICATION OF HARVESTING TECHNIQUES AND EQUIP-
MENT TO BE USED.
  3.  THE  MANAGEMENT  PLAN SHALL BE REVISED PERIODICALLY TO INCORPORATE
THE RESULTS OF MONITORING OR NEW SCIENTIFIC AND  TECHNICAL  INFORMATION,
AS  WELL  AS  TO RESPOND TO CHANGING ENVIRONMENTAL, SOCIAL, AND ECONOMIC
CIRCUMSTANCES.
  S 2. Section 809 of the executive law  is  amended  by  adding  a  new
subdivision 10-a to read as follows:
  10-A.  THE  AGENCY  SHALL  NOT APPROVE ANY PROJECT PROPOSED FOR TIMBER
HARVESTING THAT INCLUDES A PROPOSED CLEARCUTTING OF ANY SINGLE  UNIT  OF
LAND  OF MORE THAN THREE ACRES PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH
A, SUBPARAGRAPH NINE OF PARAGRAPH B, SUBPARAGRAPH NINE OF  PARAGRAPH  C,
SUBPARAGRAPH  TEN  OF PARAGRAPH D, OR SUBPARAGRAPH ELEVEN OF PARAGRAPH E
OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED TEN OF THIS ARTICLE UNTIL  A
FOREST  MANAGEMENT  PLAN HAS BEEN SUBMITTED TO THE AGENCY AND THE AGENCY
HAS APPROVED SUCH PLAN. THE  AGENCY  SHALL,  IN  CONSULTATION  WITH  THE
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  PROMULGATE RULES AND REGU-
LATIONS SETTING FORTH THE REQUIREMENTS FOR SUCH FOREST MANAGEMENT  PLAN,
CONSISTENT  WITH  THE PROVISIONS OF THIS SUBDIVISION. THE FOREST MANAGE-
MENT PLAN AND SUPPORTING DOCUMENTS SHALL,  AT  A  MINIMUM,  INCLUDE  THE
FOLLOWING:
  A.  A DESCRIPTION OF THE FOREST RESOURCES TO BE MANAGED, ENVIRONMENTAL
CONDITIONS AND LIMITATIONS, LAND USE AND OWNERSHIP STATUS, AND A PROFILE
OF ADJACENT LANDS;
  B. A DESCRIPTION OF SILVICULTURAL  OR  OTHER  MANAGEMENT  SYSTEMS,  AS
APPLICABLE,  BASED ON THE ECOLOGY OF THE FOREST IN QUESTION AND INFORMA-
TION GATHERED THROUGH RESOURCE INVENTORIES;
  C. A RATIONALE FOR RATE OF ANNUAL  HARVEST,  SPECIES  SELECTIONS,  AND
EXPECTED OUTCOMES;
  D. PROVISIONS FOR MONITORING OF FOREST GROWTH AND DYNAMICS;
  E.  ENVIRONMENTAL  SAFEGUARDS BASED ON ENVIRONMENTAL ASSESSMENTS. SUCH
ENVIRONMENTAL ASSESSMENTS SHALL, AT A MINIMUM, INCLUDE AN EVALUATION  OF
POTENTIAL  ENVIRONMENTAL IMPACTS AND THEIR CUMULATIVE EFFECTS, AND IDEN-
TIFICATION OF MEASURES TO MITIGATE THOSE IMPACTS, TO THE MAXIMUM  EXTENT
POSSIBLE,  INCLUDING IMPACTS UPON PLANTS AND ANIMALS, AND SOIL AND WATER
RESOURCES, AND THE MAINTENANCE OR RESTORATION,  AS  APPLICABLE,  OF  THE
LONG TERM ECOLOGICAL FUNCTIONS OF THE FOREST;
  F.  PLANS  FOR  THE IDENTIFICATION AND PROTECTION OF RARE, THREATENED,
AND ENDANGERED SPECIES AND THEIR HABITATS;
  G. MAPS DESCRIBING  THE  FOREST  RESOURCE  BASE,  INCLUDING  PROTECTED
AREAS, PLANNED MANAGEMENT ACTIVITIES, AND LAND OWNERSHIP; AND

A. 4246                             3

  H. A DESCRIPTION AND JUSTIFICATION OF HARVESTING TECHNIQUES AND EQUIP-
MENT TO BE USED.
  THE  MANAGEMENT  PLAN SHALL BE REVISED PERIODICALLY TO INCORPORATE THE
RESULTS OF MONITORING OR NEW SCIENTIFIC AND  TECHNICAL  INFORMATION,  AS
WELL  AS  TO  RESPOND  TO  CHANGING  ENVIRONMENTAL, SOCIAL, AND ECONOMIC
CIRCUMSTANCES.
  S 3. Subparagraph 1 of paragraph a of subdivision 1 of section 810  of
the  executive  law,  as  amended by chapter 679 of the laws of 1974, is
amended to read as follows:
  (1) All land uses and development and all subdivisions of land involv-
ing wetlands, except for forestry uses  (other  than  timber  harvesting
that includes a proposed clearcutting of any single unit of land of more
than [twenty-five] THREE acres), agricultural uses, public utility uses,
and  accessory  uses or structures (other than signs) to any such use or
to any pre-existing use.
  S 4. Subparagraph 9 of paragraph b, subparagraph  9  of  paragraph  c,
subparagraph  10  of  paragraph d, and subparagraph 11 of paragraph e of
subdivision 1 of section 810 of the executive law, as added  by  chapter
348 of the laws of 1973, are amended to read as follows:
  (9)  Timber  harvesting  that  includes a proposed clearcutting of any
single unit of land of more than [twenty-five] THREE acres.
  (9) Timber harvesting that includes a  proposed  clearcutting  of  any
single unit of land of more than [twenty-five] THREE acres.
  (10)  Timber  harvesting  that includes a proposed clearcutting of any
single unit of land of more than [twenty-five] THREE acres.
  (11) Timber harvesting that includes a proposed  clearcutting  of  any
single unit of land of more than [twenty-five] THREE acres.
  S 5. This act shall take effect immediately.