Assembly Bill A2250

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

                                  2250

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. STEVENSON -- Multi-Sponsored by -- M. of A. COOK,
  FINCH,  GUNTHER, ROBERTS -- read once and referred to the Committee on
  Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  establishing the "lumber salvage act"

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

  Section 1. Article 9 of the environmental conservation law is  amended
by adding a new title 16 to read as follows:
                                 TITLE 16
                           LUMBER SALVAGE ACT
SECTION 9-1601. SHORT TITLE.
        9-1603. DEFINITIONS.
        9-1605. LUMBER SALVAGE.
        9-1607. RULES AND REGULATIONS.
S 9-1601. SHORT TITLE.
  THIS  ARTICLE  SHALL  BE KNOWN AND MAY BE CITED AS THE "LUMBER SALVAGE
ACT".
S 9-1603. DEFINITIONS.
  FOR THE PURPOSES OF THIS ARTICLE:
  1. "NATURALLY FALLEN LUMBER" SHALL MEAN TREES THAT  HAVE  FALLEN  FROM
NATURAL  CAUSES,  INCLUDING  BUT  NOT LIMITED TO WEATHER, ANIMALS AND/OR
DISEASE.
  2. "UNUSED PUBLIC LAND" SHALL MEAN ANY LAND OWNED BY THE  STATE  OR  A
PUBLIC  CORPORATION  INCLUDING  A  MUNICIPALITY THAT IS NOT IN USE FOR A
PUBLIC PURPOSE, IS OTHERWISE UNOCCUPIED,  IDLE  OR  NOT  BEING  ACTIVELY
UTILIZED  FOR  ANY  OTHER  PURPOSE INCLUDING RIGHTS-OF-WAY BUT EXCLUDING
LAND SUBJECT TO USE RESTRICTIONS UNDER LAW.
  3. "QUALIFIED APPLICANT" SHALL MEAN ANY VETERAN, WOMAN OR MEMBER OF  A
MINORITY GROUP.

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

                                                           LBD02791-01-3

A. 2250                             2

S 9-1605. LUMBER SALVAGE.
  1.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER SHALL
ISSUE  LICENSES  OR  PERMITS FOR THE COLLECTION AND SALVAGE OF NATURALLY
FALLEN LUMBER ON UNUSED PUBLIC LANDS IN THIS STATE.
  2. THE FEE FOR A LUMBER SALVAGE LICENCE OR PERMIT SHALL BE TWO HUNDRED
FIFTY DOLLARS FOR QUALIFIED APPLICANTS AND FIVE HUNDRED DOLLARS FOR  ALL
OTHER  APPLICANTS, WHICH SHALL ACCOMPANY EACH LICENSE OR PERMIT APPLICA-
TION.
  3. SUCH LICENSE SHALL BE RENEWABLE, FOR A FEE TO BE DETERMINED BY  THE
COMMISSIONER,  PROVIDED  THE  HOLDER  OF  SUCH LICENSE OR PERMIT HAS NOT
VIOLATED ANY PROVISION OF THIS TITLE OR ANY RULE OR  REGULATION  PROMUL-
GATED PURSUANT TO THIS TITLE.
  4.  A  LUMBER SALVAGE LICENSE OR PERMIT SHALL BE VALID FOR A PERIOD OF
TWO YEARS FROM THE DATE OF ISSUANCE.
  5.  WITHIN THIRTY DAYS OF THE RECEIPT OF THE APPLICATION AND FEE FOR A
LICENSE OR PERMIT ISSUED UNDER  THIS  SECTION,  THE  COMMISSIONER  SHALL
EITHER  ISSUE  THE  LICENSE  OR  PERMIT,  OR  DENY THE LICENSE OR PERMIT
SETTING FORTH THE REASON FOR SUCH DENIAL IN WRITING.
S 9-1607. RULES AND REGULATIONS.
  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS  NECESSARY  TO
CARRY OUT THE PROVISIONS OF THIS TITLE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.