S T A T E   O F   N E W   Y O R K
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                                  4249

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2009
                               ___________

Introduced by M. of A. BRODSKY, GLICK, DINOWITZ, HOYT -- Multi-Sponsored
  by  -- M. of A.  CLARK, COLTON, DIAZ, GALEF, JOHN, ORTIZ, SEMINERIO --
  read once and referred to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law and the parks, recre-
  ation and historic preservation law, in relation to the protection  of
  old growth forests on state owned land and restricting forestry activ-
  ities in state parks

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

  Section 1. Legislative findings and intent. The legislature finds that
the state of New York has a long tradition of providing  protection  for
forests  and  land  within and without the forest preserve.  Land in New
York state varies from very sensitive and  endangered  communities  that
must  receive the strictest protection to less sensitive areas where any
desired increased development should be targeted and clustered.
  The legislature further finds  that  one  of  the  most  valuable  and
extremely  rare  endangered  ecosystems  in  the  state  is  "old growth
forest", located in pockets that vary in size from  two  or  three  acre
stands on Long Island to larger stands, including a stand in the Adiron-
dacks  measuring  close  to  forty thousand acres.   These stands of old
growth forest possess ecological value as  well  as  scenic,  aesthetic,
historic, and recreational values.
  The  legislature  further  finds  that  there is public   value in old
growth forests as a cathedral-like setting and a source  of  inspiration
and  art;  as living historic monuments that still preserve the original
forest landscape as it existed before European settlement times; and  as
a pristine place for recreation and personal renewal.
  Therefore, it is hereby declared to be the policy of the state and the
intention of this legislation to fully protect all old growth forests by
preventing both logging and other human disturbances, including prevent-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07345-01-9

              

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ing  any  damage to or removal of any trees or vegetation located within
old growth forests on state owned land.
  S  2.  The  environmental  conservation law is amended by adding a new
section 9-1505 to read as follows:
S 9-1505. PROTECTION OF OLD GROWTH FORESTS.
  1. AS USED IN THIS SECTION, THE TERM "OLD  GROWTH  FOREST"  MEANS  ANY
NATURAL  FOREST  OR  STAND  OF TREES: WITH VIRTUALLY NO VISIBLE SIGNS OF
HUMAN LAND USE SUCH AS CUT STUMPS, ORCHARD TREES,  ROCK  WALLS,  OR  OLD
FOUNDATIONS; CONTAINING A MINIMUM OF TWENTY-FIVE PERCENT OF TREES IN THE
FOREST  CANOPY THAT ARE MORE THAN ONE HUNDRED YEARS IN AGE; AND POSSESS-
ING MOST OF THE FOLLOWING STRUCTURAL CHARACTERISTICS:
  (A) THE STAND IS COMPOSED OF A NATURAL COMMUNITY OF TREES  AND  PLANTS
MAKING UP THE GROUND LAYER, UNDERSTORY, AND THE CANOPY LAYER;
  (B) THERE IS NO PAST EVIDENCE OF LARGE-SCALE CLEAR-CUT LOGGING, CLEAR-
ING  FOR  AGRICULTURE,  OR  ANY OTHER FORM OF DEFORESTATION. EVIDENCE OF
MINOR CUTTING OR SELECTIVE LOGGING STILL ALLOWS FOR A FOREST TO BE CLAS-
SIFIED AS OLD GROWTH IF THE DAMAGE STILL ALLOWS THE FOREST  TO  CONTINUE
THE NATURAL FUNCTIONING OF THE FOREST ECOSYSTEM;
  (C)  THE  MINIMUM OF TWENTY-FIVE PERCENT OF THE MATURE TREES THAT MAKE
UP THE FOREST CANOPY (TOP LAYER) ARE MORE THAN ONE HUNDRED YEARS IN  AGE
IN  THE  MIDDLE AND LOWER ALTITUDES AND EIGHTY YEARS IN AGE AT ALTITUDES
ABOVE TWENTY-FIVE HUNDRED FEET, WHEREAT THEY ARE RECOGNIZABLE FROM THEIR
ASYMMETRICAL SHAPES, RELATIVELY LONG TRUNKS FREE OF BRANCHES,  OLD  BARK
CHARACTERISTICS,  SIGNS  OF HEARTWOOD DECAY, LARGE PROMINENT ROOT STRUC-
TURES, FLATTENED CROWNS WITH PROTRUDING DEAD  LIMBS,  AND  LARGE,  THICK
LIMBS  AND TRUNKS OFTEN SHOWING A TWIST THAT DEVELOPS PROGRESSIVELY WITH
AGE;
  (D) CRISSCROSSING, MOSS COVERED LOGS IN ALL STAGES  OF  DECOMPOSITION,
INCLUDING IN AND ACROSS STREAM BEDS;
  (E) STANDING DEAD TREES;
  (F)  CANOPY  GAPS,  LARGE AND SMALL, WHICH HAVE FORMED FROM TREES THAT
HAVE FALLEN;
  (G) UNDULATING FOREST FLOOR EXPRESSED IN RANDOMLY SCATTERED  PITS  AND
MOUNDS WHERE TREES HAVE FALLEN OVER AND DECOMPOSED;
  (H) UNDISTURBED SOILS WITH A RELATIVELY THICK HUMUS LAYER;
  (I) ABUNDANT UNDERSTORY SPECIES; AND
  (J) A MINIMUM SIZE OF A STAND OF ONE ACRE.
  2. NO PERSON SHALL CUT OR REMOVE ANY TREES OR VEGETATION LOCATED WITH-
IN  AN  OLD  GROWTH  FOREST ON LAND OWNED BY THE STATE IF THE OLD GROWTH
FOREST HAS BEEN SO IDENTIFIED BY THE DEPARTMENT PURSUANT TO  SUBDIVISION
THREE OF THIS SECTION.
  3.  THE  DEPARTMENT  SHALL  CONDUCT  A  STATEWIDE INVENTORY OF ALL OLD
GROWTH FORESTS ON LAND OWNED BY THE STATE, WITH PRIORITY GIVEN TO  PROP-
ERTIES WHERE CUTTING OF TREES IS CONDUCTED AND TO STANDS OF TWENTY ACRES
OR  MORE.  THIS REPORT, INCLUDING MAPS OF AN APPROPRIATE SCALE, SHALL BE
SUBMITTED TO THE LEGISLATURE  AND  THE  GOVERNOR  ONE  YEAR  AFTER  THIS
SECTION SHALL HAVE BECOME A LAW.  THE DEPARTMENT SHALL MAKE AVAILABLE TO
THE PUBLIC, UPON REQUEST, AND SHALL PLACE IN ALL REGIONAL OFFICES OF THE
DEPARTMENT, THE STATEWIDE INVENTORY OF OLD GROWTH FORESTS.
  S 3. Paragraph (b) of subdivision 6 of section 71-0703 of the environ-
mental  conservation law, as amended by chapter 602 of the laws of 2003,
is amended to read as follows:
  (b) In addition to any other penalty provided by  law,  a  person  who
violates  section 9-1501 OR 9-1505 of this chapter shall be liable for a
civil penalty of two hundred fifty dollars per tree or treble damages or
both, based on the stumpage value of such tree or trees. Where the order

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or decision finds that the defendant established by clear and convincing
evidence, that when such defendant committed the violation,  he  or  she
had  cause to believe that the land was his or her own or that he or she
had  an  easement  or right of way across such land which permitted such
action, damages shall be awarded on the basis of the stumpage  value  of
such  tree  or  trees. Notwithstanding the foregoing, this section shall
not be construed to authorize the cutting of timber or removal of  trees
where  such  action would otherwise be violative of any provision of the
state constitution or law.
  S 4. The parks, recreation and historic preservation law is amended by
adding a new section 13.08 to read as follows:
  S 13.08 FORESTRY  ACTIVITIES  RESTRICTED.  NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  LAW TO THE CONTRARY, THE CUTTING OR SELLING OF TIMBER AND
LOGS FROM LANDS WITHIN ANY STATE PARK, EXCEPT AS IS  NECESSARY  FOR  THE
PROPER  DEVELOPMENT OF THE PARKS, INCLUDING AND LIMITED TO THE SAFETY OF
PARK VISITORS, THE CONSTRUCTION AND MAINTENANCE OF PARK-RELATED  FACILI-
TIES, OR THE CONTROL OF DISEASE, INFESTATION, OR FIRE, IS PROHIBITED.
  S  5.  This  act  shall take effect immediately; provided that section
three of this act shall take effect on the first of March next  succeed-
ing the date on which it shall have become a law.