S T A T E   O F   N E W   Y O R K
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                                  1838

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 13, 2015
                               ___________

Introduced  by M. of A. GUNTHER, CROUCH, GIGLIO -- Multi-Sponsored by --
  M. of A. HAWLEY, LOPEZ, MAGEE -- read once and referred to the Commit-
  tee 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

  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 forestlands 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, 2016, 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  2016 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01562-01-5

              

A. 1838                             2

  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
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 commissioner of taxation and finance.
  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 seven members
to  be  appointed  as  follows:  two shall be appointed by the temporary
president of the senate, two shall be appointed by the  speaker  of  the
assembly,  one  shall be appointed by the minority leader of the senate,
one shall be appointed by the minority leader of the assembly,  and  one
shall  be appointed by the governor. The members of the task force shall
include a representative from each of the following: family forest oper-
ations, timber investment management organizations, farm woodlot owners,
local governments, the forest products industry, private forest landown-
ers and environmental organizations. Vacancies in the membership of  the
task  force shall be filled in the manner provided for original appoint-
ments.
  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, 2017, 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.